Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1490
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Bracy) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (2) of section 903.046 is
    6  redesignated as subsection (3), and a new subsection (2) is
    7  added to that section, to read:
    8         903.046 Purpose of, presumption in, and criteria for bail
    9  determination.—
   10         (2) There is a presumption that an individual arrested for
   11  committing a nonviolent misdemeanor crime shall be released on
   12  nonmonetary conditions while he or she awaits trial. As used in
   13  this section, the term "nonviolent misdemeanor" means any
   14  misdemeanor offense other than battery, assault, or stalking.
   15         Section 2. Section 903.0471, Florida Statutes, is amended
   16  to read:
   17         903.0471 Violation of condition of pretrial release.—
   18         Notwithstanding s. 907.041, A court may, on its own motion,
   19  revoke pretrial release and order pretrial detention if the
   20  court finds probable cause to believe that the defendant
   21  committed a new dangerous crime, as defined in s. 907.041, while
   22  on pretrial release.
   23         Section 3. Paragraph (a) of subsection (3), paragraphs (b)
   24  and (c) of subsection (4) of section 907.041, Florida Statutes,
   25  is amended to read:
   26         907.041 Pretrial detention and release.—
   28         (a)1. It is the intent of the Legislature to create a
   29  presumption in favor of release on nonmonetary conditions for
   30  any person who is granted pretrial release unless such person is
   31  charged with a dangerous crime as defined in subsection (4).
   32  Such person shall be released on monetary conditions if it is
   33  determined that such monetary conditions are necessary to assure
   34  the presence of the person at trial or at other proceedings, to
   35  protect the community from risk of physical harm to persons, to
   36  assure the presence of the accused at trial, or to assure the
   37  integrity of the judicial process.
   38         2. It is the intent of the Legislature that a person
   39  arrested for a nonviolent misdemeanor who is determined to not
   40  pose a threat to the safety of the community shall be released
   41  on nonmonetary conditions until adjudication has been
   42  determined. For purposes of this section, a "nonviolent
   43  misdemeanor" means any misdemeanor offense other than battery,
   44  assault, or stalking.
   45         (4) PRETRIAL DETENTION.—
   46         (b) A No person charged with a dangerous crime may not
   47  shall be granted nonmonetary pretrial release at a first
   48  appearance hearing; however, the court may release shall retain
   49  the discretion to release an accused person on electronic
   50  monitoring or on recognizance bond if the findings on the record
   51  of facts and circumstances warrant such a release.
   52         (c) The court may order pretrial detention if it finds a
   53  substantial probability, based on a defendant’s past and present
   54  patterns of behavior, the criteria in s. 903.046, and any other
   55  relevant facts, that any of the following circumstances exist:
   56         1. The defendant has previously violated conditions of
   57  release and that no further conditions of release are reasonably
   58  likely to assure the defendant’s appearance at subsequent
   59  proceedings;
   60         2. The defendant, with the intent to obstruct the judicial
   61  process, has threatened, intimidated, or injured any victim,
   62  potential witness, juror, or judicial officer, or has attempted
   63  or conspired to do so, and that no condition of release will
   64  reasonably prevent the obstruction of the judicial process;
   65         3. The defendant is charged with trafficking in controlled
   66  substances as defined by s. 893.135, that there is a substantial
   67  probability that the defendant has committed the offense, and
   68  that no conditions of release will reasonably assure the
   69  defendant’s appearance at subsequent criminal proceedings;
   70         4. The defendant is charged with DUI manslaughter, as
   71  defined by s. 316.193, and that there is a substantial
   72  probability that the defendant committed the crime and that the
   73  defendant poses a threat of harm to the community; a condition
   74  conditions that would support a finding by the court pursuant to
   75  this subparagraph that the defendant poses a threat of harm to
   76  the community is if include, but are not limited to, any of the
   77  following:
   78         a. the defendant has previously been convicted of any crime
   79  under s. 316.193, or of any crime in any other state or
   80  territory of the United States that is substantially similar to
   81  any crime under s. 316.193.;
   82         b. The defendant was driving with a suspended driver
   83  license when the charged crime was committed; or
   84         c. The defendant has previously been found guilty of, or
   85  has had adjudication of guilt withheld for, driving while the
   86  defendant’s driver license was suspended or revoked in violation
   87  of s. 322.34;
   88         5. The defendant poses the threat of harm to the community.
   89  The court may so conclude, if it finds that the defendant is
   90  presently charged with a dangerous crime as defined in paragraph
   91  (b), that there is a substantial probability that the defendant
   92  committed such crime, that the factual circumstances of the
   93  crime indicate a disregard for the safety of the community, and
   94  that there are no conditions of release reasonably sufficient to
   95  protect the community from the risk of physical harm to persons;
   96         6. The defendant was on probation, parole, or other release
   97  pending completion of sentence or on pretrial release for a
   98  dangerous crime at the time the current offense was committed;
   99         7. The defendant has violated one or more conditions of
  100  pretrial release or bond for the offense currently before the
  101  court and the violation, in the discretion of the court,
  102  supports a finding that no conditions of release can reasonably
  103  protect the community from risk of physical harm to persons or
  104  assure the presence of the accused at trial; or
  105         8.a. The defendant has ever been sentenced pursuant to s.
  106  775.082(9) or s. 775.084 as a prison releasee reoffender,
  107  habitual violent felony offender, three-time violent felony
  108  offender, or violent career criminal, or the state attorney
  109  files a notice seeking that the defendant be sentenced pursuant
  110  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  111  habitual violent felony offender, three-time violent felony
  112  offender, or violent career criminal;
  113         b. There is a substantial probability that the defendant
  114  committed the offense; and
  115         c. There are no conditions of release that can reasonably
  116  protect the community from risk of physical harm or ensure the
  117  presence of the accused at trial.
  118         Section 4. Section 907.042, Florida Statutes, is created to
  119  read:
  120         907.042 Supervised bond program.-
  121         (1)LEGISLATIVE FINDINGS.—The Legislature finds that there
  122  is a need to use evidence-based methods to identify defendants
  123  that can successfully comply with specified pretrial release
  124  conditions. The Legislature finds that the use of actuarial
  125  instruments that evaluate criminogenic based needs and classify
  126  defendants according to levels of risk provides a more
  127  consistent and accurate assessment of a defendant’s risk of
  128  noncompliance while on pretrial release pending trial. The
  129  Legislature also finds that both the community and a defendant
  130  are better served when a defendant, who poses a low risk to
  131  society, is provided the opportunity to fulfill employment and
  132  familial responsibilities in the community under a structured
  133  pretrial release plan that ensures the best chance of remaining
  134  compliant with all pretrial conditions rather than remaining in
  135  custody. The Legislature finds that there is a need to establish
  136  a supervised bond program in each county for the purpose of
  137  providing pretrial release to certain defendants who may not
  138  otherwise be eligible for pretrial release on unsupervised
  139  nonmonetary conditions and who do not have the ability to
  140  satisfy the bond imposed by the court. The Legislature finds
  141  that the creation of such a program will reduce the likelihood
  142  of persons remaining unnecessarily in custody pending trial.
  143         (2)CREATION.—A supervised bond program shall be
  144  established in each county by March 1, 2019, with the terms of
  145  each program to be developed with concurrence of the chief judge
  146  of the circuit, the chief county correctional officer, the state
  147  attorney, and the public defender.
  148         (3) EXCEPTION.—
  149         (a) Counties or municipalities which have already adopted a
  150  supervised bond program that meets the requirements contained in
  151  this section, or have chosen to opt out of this section in the
  152  manner provided herein, are exempt from the requirement to
  153  establish such a program.
  154         (b) The governing body of a fiscally constrained county as
  155  defined in this section may elect to opt out of the requirements
  156  of this section, by a 60 percent vote of the voting members of
  157  the governing board, notwithstanding a contrary decision of the
  158  governing body of a county. Any local government that has
  159  properly opted out of this section but subsequently chooses to
  160  establish a supervised bond program may do so only pursuant to
  161  the requirements of this section and may not deviate from such
  162  requirements.
  163         (c) For purposes of this section, the term "fiscally
  164  constrained county" means a county within a rural area of
  165  opportunity as designated by the Governor pursuant to s.
  166  288.0656 or each county for which the value of a mill will raise
  167  no more than $5 million in revenue, based on the certified
  168  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  169  from the previous July 1.
  170         (4) PROGRAM REQUIREMENTS.—A supervised bond program, at a
  171  minimum, shall:
  172         (a) Require the county's chief correctional officer to
  173  administer the supervised bond program.
  174         (b) Require the county's chief correctional officer, or his
  175  or her designate, to administer the risk assessment instrument
  176  to a potential defendant.
  177         (c) Utilize a risk assessment instrument to determine
  178  eligible defendants and determine an appropriate level of
  179  supervision for each defendant upon release.
  180         (d) Provide for the reduction of the court-ordered bond, up
  181  to its entirety, upon the court's verification that a risk
  182  assessment instrument has been administered and, as a result of
  183  such assessment, the chief county correctional officer is
  184  prepared to accept the defendant into the supervised bond
  185  program.
  186         (e) Provide that the findings of the risk assessment
  187  instrument will be used to create an individualized supervision
  188  plan for each defendant that is tailored to the defendant's risk
  189  level and needs.
  190         (f) Require, as part of the individualized supervision
  191  plan, any defendant released in the supervised bond program to
  192  be placed on active electronic monitoring or active continuous
  193  alcohol monitoring, or both, dependent upon the level of risk
  194  indicated by the risk assessment instrument.
  195         (g) Require weekly communication between the office of the
  196  chief county correctional officer and the defendant as part of
  197  the individualized supervision plan, which can be satisfied via
  198  telephone or in person contact, dependent upon the level of risk
  199  indicated by the risk assessment instrument.
  200         (h)Establish procedures for addressing defendants who do
  201  not comply with the terms of the individualized supervision plan
  202  imposed through the supervised bond program.
  204         (a) The risk assessment instrument must consider, but need
  205  not be limited to, the following criteria:
  206         1. The nature and circumstances of the offense the
  207  defendant is alleged to have committed.
  208         2. The nature and extent of the defendant’s prior criminal
  209  history, if any.
  210         3. Any prior history of the defendant failing to appear in
  211  court.
  212         4.The defendant’s employment history, employability
  213  skills, and employment interests.
  214         5. The defendant’s educational, vocational, and technical
  215  training.
  216         6. The defendant’s background, including his or her family,
  217  home, and community environment.
  218         7. The defendant’s physical and mental health history,
  219  including any substance use.
  220         8. An evaluation of the defendant’s criminal thinking,
  221  criminal associates, and social awareness.
  222         (b) A county must use an independently validated risk
  223  assessment instrument that contains the criteria enumerated in
  224  paragraph (a).
  225         (6) REPORTING.—Each county shall provide an annual report
  226  to the Governor, the President of the Senate, and the Speaker of
  227  the House of Representatives by October 1 of each year which
  228  details the results of the administration of the risk assessment
  229  instrument, programming used for defendants who received the
  230  assessment and were accepted into the supervised bond program,
  231  the success rate of such program, and savings realized by each
  232  county as a result of such defendants being released from
  233  custody pending trial. The first report shall be submitted no
  234  later than October 1, 2020.
  236  ================= T I T L E  A M E N D M E N T ================
  237  And the title is amended as follows:
  238         Delete everything before the enacting clause
  239  and insert:
  240                        A bill to be entitled                      
  241         An act relating to pretrial release; amending s.
  242         903.046, F.S.; creating a presumption that individuals
  243         arrested for allegedly committing nonviolent
  244         misdemeanors be released on nonmonetary conditions;
  245         defining the term “nonviolent misdemeanor”; amending
  246         s. 903.0471, F.S.; authorizing a court to revoke
  247         pretrial release and order pretrial detention if the
  248         court finds probable cause to believe that the
  249         defendant committed a new dangerous crime while on
  250         pretrial release; amending s. 907.041, F.S.; providing
  251         that it is the intent of the Legislature that
  252         individuals arrested for allegedly committing
  253         nonviolent misdemeanors be released on nonmonetary
  254         conditions; defining the term “nonviolent
  255         misdemeanor”; making technical changes; deleting
  256         conditions that the court may use to determine that a
  257         defendant charged with DUI manslaughter poses a threat
  258         to the community; creating s. 907.042, F.S.; providing
  259         legislative findings; creating a supervised bond
  260         release program in each county; establishing the
  261         program with the concurrence of the chief judge, chief
  262         county correctional officer, state attorney, and
  263         public defender; providing exceptions for county
  264         establishing a program; authorizing a fiscally
  265         constrained county to the opt out of establishing a
  266         program; defining "fiscally constrained county";
  267         providing specified program components; providing
  268         guidelines for the risk assessment instrument;
  269         requiring each county to submit a report annually by a
  270         certain date to the Governor, President of the Senate,
  271         and Speaker of the House of Representatives; providing
  272         reporting requirements; providing an effective date.