Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1490
       
       
       
       
       
       
                                Ì683982LÎ683982                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       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.