Bill Text: FL H0445 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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HB 445

1	A bill to be entitled
2	An act relating to pretrial detention and release;
3	amending s. 907.041, F.S.; requiring all pretrial release
4	programs established by an ordinance of a county
5	commission, by an administrative order of a court, or by
6	any other means to facilitate the release of defendants
7	from pretrial custody to conform to the policies and
8	restrictions established in the act; requiring that the
9	defendant meet certain specified criteria in order to be
10	eligible for pretrial release; requiring that the pretrial
11	release program certify in writing that the defendant
12	satisfies each requirement for eligibility; requiring the
13	court to determine whether a defendant is eligible to
14	participate in the pretrial release program after
15	reviewing certain reports; requiring that the pretrial
16	release program notify each defendant of the time and
17	place of each required court appearance; providing that
18	the act does not prohibit a court from releasing a
19	defendant on the defendant's own recognizance; prohibiting
20	the assessment of any fee or charge against a released
21	defendant other than those authorized by state law;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (5) is added to section 907.041,
27	Florida Statutes, to read:
28	907.041 Pretrial detention and release.-
29	(5) PRETRIAL RELEASE PROGRAMS.-
30	(a) A pretrial release program established by ordinance of
31	the county commission, by administrative order of the court, or
32	by any other means, enacted or established to facilitate the
33	release of defendants from pretrial custody, is subject to the
34	policies and restrictions established in this subsection.
35	(b) A defendant is eligible to participate in a pretrial
36	release program only if the defendant is charged with a
37	misdemeanor or is charged with a felony that is not a dangerous
38	crime, as defined in subsection (4), and:
39	1. Has no history of failing to appear at any court
40	proceeding;
41	2. Is not, at the time of the arrest, subject to or on
42	probation for another charge and is not facing charges for
43	another crime anywhere in this state;
44	3. Has no prior convictions involving violence. For
45	purposes of this subsection with respect to any prior
46	conviction, if adjudication was withheld by the sentencing
47	court, the withheld adjudication is deemed a conviction;
48	4. Satisfies any other limitation upon eligibility for
49	release which is in addition to those in this subsection,
50	whether established by the board of county commissioners or the
51	court; and
52	5. Is indigent as defined in Rule 3.111, Florida Rules of
53	Criminal Procedure.
54	(c) The pretrial release program must certify in writing
55	to the court that the defendant satisfies each requirement of
56	eligibility which is set forth in paragraph (b) before a
57	determination is made concerning the defendant's eligibility for
58	placement in the pretrial release program.
59	(d) If a defendant seeks to post a surety bond pursuant to
60	a bond schedule established by the administrative order, he or
61	she must do so without any interaction with, or restriction by,
62	the pretrial release program.
63	(e) The court shall determine whether the defendant is
64	eligible to participate in the pretrial release program after
65	the pretrial release program evaluates the defendant's
66	eligibility and reports its findings to the court.
67	(f) The pretrial release program shall notify every
68	defendant released under this subsection of the times and places
69	at which he or she is required to appear before the court.
70	(g) This subsection does not prohibit a court from
71	releasing a defendant on the defendant's own recognizance.
72	(h) A defendant who is released pursuant to a pretrial
73	release program may not be assessed any fee or charge other than
74	those authorized by state law.
75	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.