| 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 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 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. |