Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1490 Ì683982LÎ683982 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Bracy) recommended the following: 1 Senate Amendment to Amendment (648186) 2 3 Delete lines 90 - 142 4 and insert: 5 presently charged with a dangerous crime, that there is a 6 substantial probability that the defendant committed such crime, 7 that the factual circumstances of the crime indicate a disregard 8 for the safety of the community, and that there are no 9 conditions of release reasonably sufficient to protect the 10 community from the risk of physical harm to persons; 11 6. The defendant was on probation, parole, or other release 12 pending completion of sentence or on pretrial release for a 13 dangerous crime at the time the current offense was committed; 14 7. The defendant has violated one or more conditions of 15 pretrial release or bond for the offense currently before the 16 court and the violation, in the discretion of the court, 17 supports a finding that no conditions of release can reasonably 18 protect the community from risk of physical harm to persons or 19 assure the presence of the accused at trial; or 20 8.a. The defendant has ever been sentenced pursuant to s. 21 775.082(9) or s. 775.084 as a prison releasee reoffender, 22 habitual violent felony offender, three-time violent felony 23 offender, or violent career criminal, or the state attorney 24 files a notice seeking that the defendant be sentenced pursuant 25 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 26 habitual violent felony offender, three-time violent felony 27 offender, or violent career criminal; 28 b. There is a substantial probability that the defendant 29 committed the offense; and 30 c. There are no conditions of release that can reasonably 31 protect the community from risk of physical harm or ensure the 32 presence of the accused at trial. 33 Section 4. Section 907.042, Florida Statutes, is created to 34 read: 35 907.042 Supervised bond program.- 36 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there 37 is a need to use evidence-based methods to identify defendants 38 that can successfully comply with specified pretrial release 39 conditions. The Legislature finds that the use of actuarial 40 instruments that evaluate criminogenic based needs and classify 41 defendants according to levels of risk provides a more 42 consistent and accurate assessment of a defendant’s risk of 43 noncompliance while on pretrial release pending trial. The 44 Legislature also finds that both the community and a defendant 45 are better served when a defendant, who poses a low risk to 46 society, is provided the opportunity to fulfill employment and 47 familial responsibilities in the community under a structured 48 pretrial release plan that ensures the best chance of remaining 49 compliant with all pretrial conditions rather than remaining in 50 custody. The Legislature finds that there is a need to establish 51 a supervised bond program in each county for the purpose of 52 providing pretrial release to certain defendants who may not 53 otherwise be eligible for pretrial release on unsupervised 54 nonmonetary conditions and who do not have the ability to 55 satisfy the bond imposed by the court. The Legislature finds 56 that the creation of such a program will reduce the likelihood 57 of defendants remaining unnecessarily in custody pending trial.