Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 372
       
       
       
       
       
       
                                Barcode 217026                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Eligibility criteria for government-funded
    7  pretrial release.—
    8         (1) It is the policy of this state that only defendants who
    9  are indigent and therefore qualify for representation by the
   10  public defender are eligible for government-funded pretrial
   11  release. Further, it is the policy of this state that, to the
   12  greatest extent possible, the resources of the private sector be
   13  used to assist in the pretrial release of defendants. It is the
   14  intent of the Legislature that this section not be interpreted
   15  to limit the discretion of courts with respect to ordering
   16  reasonable conditions for pretrial release for any defendant.
   17  However, it is the intent of the Legislature that government
   18  funded pretrial release be ordered only as an alternative to
   19  release on a defendant’s own recognizance or release by the
   20  posting of a surety bond.
   21         (2) A pretrial release program established by an ordinance
   22  of the county commission, an administrative order of the court,
   23  or by any other means in order to assist in the release of
   24  defendants from pretrial custody is subject to the eligibility
   25  criteria set forth in this section. These eligibility criteria
   26  supersede and preempt all conflicting local ordinances, orders,
   27  or practices. Each pretrial release program shall certify
   28  annually, in writing, to the chief circuit court judge, that it
   29  has complied with the reporting requirements of s. 907.043(4),
   30  Florida Statutes.
   31         (3) A defendant is eligible to receive government-funded
   32  pretrial release only by order of the court after the court
   33  finds in writing upon consideration of the defendant’s affidavit
   34  of indigence that the defendant is indigent or partially
   35  indigent as set forth in Rule 3.111, Florida Rules of Criminal
   36  Procedure, and that the defendant has not previously failed to
   37  appear at any required court proceeding. A defendant may not
   38  receive a government-funded pretrial release if the defendant’s
   39  income is above 300 percent of the then-current federal poverty
   40  guidelines prescribed for the size of the household of the
   41  defendant by the United States Department of Health and Human
   42  Services, unless the defendant is receiving Temporary Assistance
   43  for Needy Families-Cash Assistance, poverty-related veterans’
   44  benefits, Supplemental Security Income (SSI), food stamps, or
   45  Medicaid.
   46         (4) If a defendant seeks to post a surety bond pursuant to
   47  a bond schedule established by administrative order as an
   48  alternative to government-funded pretrial release, the defendant
   49  shall be permitted to do so without any interference or
   50  restriction by a pretrial release program.
   51         (5) This section does not prohibit the court from:
   52         (a) Releasing a defendant on the defendant’s own
   53  recognizance.
   54         (b) Imposing upon the defendant any additional reasonable
   55  condition of release as part of release on the defendant’s own
   56  recognizance or the posting of a surety bond upon a finding of
   57  need in the interest of public safety, including, but not
   58  limited to, electronic monitoring, drug testing, substance abuse
   59  treatment, or attending a batterers’ intervention program.
   60         (6) In lieu of using a government-funded program to ensure
   61  the court appearance of any defendant, a county may reimburse a
   62  licensed surety agent for the premium costs of a surety bail
   63  bond that secures the appearance of an indigent defendant at all
   64  court proceedings if the court establishes a bail bond amount
   65  for the indigent defendant.
   66         Section 2. This act shall take effect October 1, 2011.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to pretrial programs; providing state
   74         policy and legislative intent; requiring each pretrial
   75         release program established by ordinance of a county
   76         commission, by administrative order of a court, or by
   77         any other means in order to assist in the release of a
   78         defendant from pretrial custody to conform to the
   79         eligibility criteria set forth in the act; preempting
   80         any conflicting local ordinances, orders, or
   81         practices; requiring that the defendant satisfy
   82         certain eligibility criteria in order to be assigned
   83         to a pretrial release program; providing that the act
   84         does not prohibit a court from releasing a defendant
   85         on the defendant’s own recognizance or imposing any
   86         other reasonable condition of release on the
   87         defendant; authorizing a county to reimburse a
   88         licensed surety agent for the premium costs of a bail
   89         bond for the pretrial release of an indigent defendant
   90         under certain circumstances; providing an effective
   91         date.