Bill Text: FL S0782 | 2010 | Regular Session | Introduced

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Bill Title: Pretrial Detention and Release [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0782 Detail]

Download: Florida-2010-S0782-Introduced.html

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Florida Senate - 2010                                     SB 782 
 
By Senator Thrasher 
8-00784B-10                                            2010782__ 
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 
4         release programs established by an ordinance of a 
5         county commission, by an administrative order of a 
6         court, or by any other means to facilitate the release 
7         of defendants from pretrial custody to conform to the 
8         policies and restrictions established in the act; 
9         requiring that the defendant meet certain specified 
10         criteria in order to be eligible for pretrial release; 
11         requiring that the pretrial release program certify in 
12         writing that the defendant satisfies each requirement 
13         for eligibility; requiring the court to determine 
14         whether a defendant is eligible to participate in the 
15         pretrial release program after reviewing certain 
16         reports; requiring that the pretrial release program 
17         notify each defendant of the time and place of each 
18         required court appearance; providing that the act does 
19         not prohibit a court from releasing a defendant on the 
20         defendant’s own recognizance; prohibiting the 
21         assessment of any fee or charge against a released 
22         defendant other than those authorized by state law; 
23         providing an effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Subsection (5) is added to section 907.041, 
28  Florida Statutes, to read: 
29         907.041 Pretrial detention and release.— 
30         (5)(a) PRETRIAL RELEASE PROGRAMS.—A pretrial release 
31  program established by ordinance of the county commission or by 
32  administrative order of the court or by any other means, enacted 
33  or established to facilitate the release of defendants from 
34  pretrial custody is subject to the policies and restrictions 
35  established in this subsection. 
36         (b) A defendant is eligible to participate in a pretrial 
37  release program only if the defendant: 
38         1. Is charged with a misdemeanor; or 
39         2. Is charged with a felony which is not a dangerous crime 
40  as defined in subsection (4); and 
41         3. Has no history of failing to appear at any court 
42  proceeding; 
43         4. Is not, at the time of the arrest, subject to or on 
44  probation for another charge and is not facing charges for 
45  another crime anywhere in this state; 
46         5. Has no prior convictions involving violence. For 
47  purposes of this subparagraph with respect to any prior 
48  conviction, if adjudication was withheld by the sentencing 
49  court, the withheld adjudication is deemed a conviction; 
50         6. Satisfies any other limitation upon eligibility for 
51  release which is in addition to those in this subsection, 
52  whether established by the board of county commissioners or the 
53  court; and 
54         7. Is indigent as defined in Rule 3.111, Florida Rules of 
55  Criminal Procedure. 
56         (c) The pretrial release program must certify in writing to 
57  the court that the defendant satisfies each requirement of 
58  eligibility which is set forth in paragraph (b) before a 
59  determination is made concerning the defendant’s eligibility for 
60  placement in the pretrial release program. 
61         (d) If a defendant seeks to post a surety bond pursuant to 
62  a bond schedule established by the administrative order, he or 
63  she must do so without any interaction with, or restriction by, 
64  the pretrial release program. 
65         (e) The court shall determine whether the defendant is 
66  eligible to participate in the pretrial release program after 
67  the pretrial release program evaluates the defendant’s 
68  eligibility and reports its findings to the court. 
69         (f) The pretrial release program shall notify every 
70  defendant released under this subsection of the times and places 
71  at which he or she is required to appear before the court. 
72         (g) This subsection does not prohibit a court from 
73  releasing a defendant on the defendant’s own recognizance. 
74         (h) A defendant who is released pursuant to a pretrial 
75  release program may not be assessed any fee or charge other than 
76  those authorized by state law. 
77         Section 2. This act shall take effect July 1, 2010.