Bill Text: FL H0445 | 2010 | Regular Session | Comm Sub
Bill Title: Pretrial Detention and Release
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-04-30 - Died pending review of CS [H0445 Detail]
Download: Florida-2010-H0445-Comm_Sub.html
CS/CS/HB 445 |
1 | |
2 | An act relating to pretrial detention and release; |
3 | amending s. 907.041, F.S.; requiring all pretrial release |
4 | programs established by ordinance of a county commission, |
5 | by administrative order of a court, or by any other means |
6 | to facilitate the release of defendants from pretrial |
7 | custody to conform to the policies and restrictions |
8 | established in the act; preempting local ordinances, |
9 | orders, or practices; requiring every pretrial release |
10 | program to provide the first appearance court all |
11 | pertinent information about the defendant, including the |
12 | defendant's ability to pay for a surety appearance bond; |
13 | requiring that the defendant meet certain specified |
14 | criteria in order to be eligible for pretrial release; |
15 | requiring that the pretrial release program certify in |
16 | writing that the defendant satisfies each requirement for |
17 | eligibility; requiring the court to determine whether a |
18 | defendant is eligible to participate in the pretrial |
19 | release program after reviewing certain reports; requiring |
20 | that the pretrial release program notify each defendant of |
21 | the time and place of each required court appearance; |
22 | providing that the act does not prohibit a court from |
23 | releasing a defendant on the defendant's own recognizance; |
24 | providing that the act does not prohibit a court from |
25 | imposing any other reasonable condition of release; |
26 | prohibiting a pretrial release program from charging a |
27 | defendant any administrative fees; providing that a |
28 | pretrial release program may charge a defendant fees for |
29 | services that have been ordered by the court; providing |
30 | that a defendant may participate in pretrial release |
31 | programs if the defendant qualifies for drug court, mental |
32 | health court, or other similar programs; amending s. |
33 | 907.043, F.S.; providing that pretrial release program |
34 | registers be updated monthly rather than weekly; providing |
35 | an effective date. |
36 | |
37 | Be It Enacted by the Legislature of the State of Florida: |
38 | |
39 | Section 1. Subsection (5) is added to section 907.041, |
40 | Florida Statutes, to read: |
41 | 907.041 Pretrial detention and release.- |
42 | (5) PRETRIAL RELEASE PROGRAMS.- |
43 | (a) A pretrial release program established by ordinance of |
44 | the county commission, by administrative order of the court, or |
45 | by any other means enacted or established to facilitate the |
46 | release of defendants from pretrial custody is subject to the |
47 | policies and restrictions established in this subsection which |
48 | supersedes and preempts all local ordinances, orders, or |
49 | practices. |
50 | (b) Every pretrial release program shall provide the first |
51 | appearance court all pertinent information about the defendant, |
52 | including the defendant's ability to pay for a surety appearance |
53 | bond, so that the court may determine the defendant's conditions |
54 | of release. A defendant is eligible to participate in a pretrial |
55 | release program by order of the court only if the court finds |
56 | that the defendant does not have the ability to pay or arrange |
57 | for the posting of a surety appearance bond, and if the |
58 | defendant: |
59 | 1. Is not charged with a capital, life, or first degree |
60 | felony; |
61 | 2. Subject to the limitations of s. 903.046(2)(d), has not |
62 | failed to appear at any court proceedings within the 12 months |
63 | preceding the current arrest; |
64 | 3. Is not, at the time of the arrest, on probation for |
65 | another charge and is not facing charges for another crime in |
66 | this state; |
67 | 4. Has no prior convictions involving violence; and |
68 | 5. Satisfies any other limitation upon eligibility for |
69 | release which is in addition to those in this subsection, |
70 | whether established by the board of county commissioners or the |
71 | court. |
72 | (c) The pretrial release program must certify in writing |
73 | to the court that the defendant satisfies each requirement of |
74 | eligibility in paragraph (b) before a determination is made |
75 | concerning the defendant's eligibility for placement in the |
76 | pretrial release program. |
77 | (d) If a defendant seeks to post a surety bond pursuant to |
78 | a bond schedule established by the administrative order, he or |
79 | she must do so without any interaction with, or restriction by, |
80 | the pretrial release program. |
81 | (e) The court shall determine whether the defendant is |
82 | eligible to participate in the pretrial release program after |
83 | the pretrial release program evaluates the defendant's |
84 | eligibility and certifies its findings to the court. |
85 | (f) The pretrial release program shall notify every |
86 | defendant released under this subsection of the times and places |
87 | at which he or she is required to appear before the court. |
88 | (g) This subsection does not prohibit a court from |
89 | releasing a defendant on the defendant's own recognizance. |
90 | (h) This subsection does not prohibit a court from |
91 | imposing any reasonable conditions of release, including, but |
92 | not limited to, electronic monitoring, drug testing, substance |
93 | abuse treatment, and domestic violence counseling. A court may |
94 | order the defendant pay for any services ordered as a condition |
95 | of release. |
96 | (i) A pretrial release program may not charge a defendant |
97 | who is participating in the program any fees other than those |
98 | authorized by state law. However, a pretrial release program may |
99 | charge a defendant fees for electronic monitoring, drug testing, |
100 | substance abuse treatment, and other services that have been |
101 | ordered by the court as a condition of release prior to trial. |
102 | (j) A court may order a defendant who does not meet the |
103 | eligibility criteria in paragraph (b) to participate in a |
104 | pretrial release program if the defendant is eligible under |
105 | state law to participate in a drug court program, mental health |
106 | court program, or a prison diversion program established under |
107 | s. 921.00241. |
108 | Section 2. Subsection (3) of section 907.043, Florida |
109 | Statutes, is amended to read: |
110 | 907.043 Pretrial release; citizens' right to know.- |
111 | (3)(a) Each pretrial release program must prepare a |
112 | register displaying information that is relevant to the |
113 | defendants released through such a program. A copy of the |
114 | register must be located at the office of the clerk of the |
115 | circuit court in the county where the program is located and |
116 | must be readily accessible to the public. |
117 | (b) The register must be updated monthly |
118 | display accurate data regarding the following information: |
119 | 1. The name, location, and funding source of the pretrial |
120 | release program. |
121 | 2. The number of defendants assessed and interviewed for |
122 | pretrial release. |
123 | 3. The number of indigent defendants assessed and |
124 | interviewed for pretrial release. |
125 | 4. The names and number of defendants accepted into the |
126 | pretrial release program. |
127 | 5. The names and number of indigent defendants accepted |
128 | into the pretrial release program. |
129 | 6. The charges filed against and the case numbers of |
130 | defendants accepted into the pretrial release program. |
131 | 7. The nature of any prior criminal conviction of a |
132 | defendant accepted into the pretrial release program. |
133 | 8. The court appearances required of defendants accepted |
134 | into the pretrial release program. |
135 | 9. The date of each defendant's failure to appear for a |
136 | scheduled court appearance. |
137 | 10. The number of warrants, if any, which have been issued |
138 | for a defendant's arrest for failing to appear at a scheduled |
139 | court appearance. |
140 | 11. The number and type of program noncompliance |
141 | infractions committed by a defendant in the pretrial release |
142 | program and whether the pretrial release program recommended |
143 | that the court revoke the defendant's release. |
144 | Section 3. This act shall take effect October 1, 2010. |
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