| 1 | Representative Dorworth offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove lines 329-422 and insert: |
| 5 | Section 25. (1) Eligibility criteria for government- |
| 6 | funded pretrial release.- |
| 7 | (1) It is the policy of this state that only defendants |
| 8 | who are indigent and therefore qualify for representation by the |
| 9 | public defender are eligible for government-funded pretrial |
| 10 | release. Further, it is the policy of this state that, to the |
| 11 | greatest extent possible, the resources of the private sector be |
| 12 | used to assist in the pretrial release of defendants. It is the |
| 13 | intent of the Legislature that this section not be interpreted |
| 14 | to limit the discretion of courts with respect to ordering |
| 15 | reasonable conditions for pretrial release for any defendant. |
| 16 | However, it is the intent of the Legislature that government- |
| 17 | funded pretrial release be ordered only as an alternative to |
| 18 | release on a defendant's own recognizance or release by the |
| 19 | posting of a surety bond. |
| 20 | (2) A pretrial release program established by an ordinance |
| 21 | of the county commission, an administrative order of the court, |
| 22 | or by any other means in order to assist in the release of |
| 23 | defendants from pretrial custody is subject to the eligibility |
| 24 | criteria set forth in this section. These eligibility criteria |
| 25 | supersede and preempt all conflicting local ordinances, orders, |
| 26 | or practices. Each pretrial release program shall certify |
| 27 | annually, in writing, to the chief circuit court judge, that it |
| 28 | has complied with the reporting requirements of s. 907.043(4), |
| 29 | Florida Statutes. |
| 30 | (3) A defendant is eligible to receive government-funded |
| 31 | pretrial release only by order of the court after the court |
| 32 | finds in writing upon consideration of the defendant's affidavit |
| 33 | of indigence that the defendant is indigent or partially |
| 34 | indigent as set forth in Rule 3.111, Florida Rules of Criminal |
| 35 | Procedure, and that the defendant has not previously failed to |
| 36 | appear at any required court proceeding. A defendant may not |
| 37 | receive a government-funded pretrial release if the defendant's |
| 38 | income is above 300 percent of the then-current federal poverty |
| 39 | guidelines prescribed for the size of the household of the |
| 40 | defendant by the United States Department of Health and Human |
| 41 | Services, unless the defendant is receiving Temporary Assistance |
| 42 | for Needy Families-Cash Assistance, poverty-related veterans' |
| 43 | benefits, Supplemental Security Income (SSI), food stamps, or |
| 44 | Medicaid. |
| 45 | (4) If a defendant seeks to post a surety bond pursuant to |
| 46 | a bond schedule established by administrative order as an |
| 47 | alternative to government-funded pretrial release, the defendant |
| 48 | shall be permitted to do so without any interference or |
| 49 | restriction by a pretrial release program. |
| 50 | (5) This section does not prohibit the court from: |
| 51 | (a) Releasing a defendant on the defendant's own |
| 52 | recognizance. |
| 53 | (b) Imposing upon the defendant any additional reasonable |
| 54 | condition of release as part of release on the defendant's own |
| 55 | recognizance or the posting of a surety bond upon a finding of |
| 56 | need in the interest of public safety, including, but not |
| 57 | limited to, electronic monitoring, drug testing, substance abuse |
| 58 | treatment, or attending a batterers' intervention program. |
| 59 | (6) In lieu of using a government-funded program to ensure |
| 60 | the court appearance of any defendant, a county may reimburse a |
| 61 | licensed surety agent for the premium costs of a surety bail |
| 62 | bond that secures the appearance of an indigent defendant at all |
| 63 | court proceedings if the court establishes a bail bond amount |
| 64 | for the indigent defendant. |
| 65 | (7) A defendant who is not otherwise eligible for |
| 66 | government-funded pretrial release under subsection (3) is |
| 67 | eligible for government-funded pretrial release 48 hours after |
| 68 | the defendant's arrest. |
| 69 | (8) This section applies only to those counties with a |
| 70 | population equal to or greater than 400,000 persons. |
| 71 | (9) This section does not prohibit a law enforcement |
| 72 | officer or a code enforcement officer authorized under s. |
| 73 | 162.23, Florida Statutes, from issuing a notice to appear in |
| 74 | lieu of jail. |
| 75 | (2) This section shall take effect October 1, 2011. |
| 76 | Section 26. Except as otherwise expressly provided in this |
| 77 | act and except for this section, which shall take effect upon |
| 78 | this act becoming a law, this act shall take effect January 1, |
| 79 | 2012. |
| 80 |
|
| 81 | ----------------------------------------------------- |
| 82 | T I T L E A M E N D M E N T |
| 83 | Remove lines 64-76 and insert: |
| 84 | provisions to changes made by the act; requiring that the |
| 85 | defendant satisfy certain eligibility criteria in order to |
| 86 | be assigned to a pretrial release program; providing that |
| 87 | the act does not prohibit a court from releasing a |
| 88 | defendant on the defendant's own recognizance or imposing |
| 89 | any other reasonable condition of release on the |
| 90 | defendant; authorizing a county to reimburse a licensed |
| 91 | surety agent for the premium costs of a bail bond for the |
| 92 | pretrial release of an indigent defendant under certain |
| 93 | circumstances; providing that a defendant who is not |
| 94 | otherwise eligible for government-funded pretrial release |
| 95 | becomes eligible for government-funded pretrial release 48 |
| 96 | hours after the defendant's arrest; providing that the |
| 97 | income eligibility limitations applicable to government- |
| 98 | funded pretrial release programs apply only to certain |
| 99 | specified counties; providing that the act does not |
| 100 | prohibit a law enforcement officer or a code enforcement |
| 101 | officer from issuing a notice to appear in certain |
| 102 | conditions; providing effective dates. |