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

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