Florida Senate - 2018                             CS for SB 1678
       
       
        
       By the Committee on Criminal Justice; and Senator Stargel
       
       
       
       
       
       591-03111-18                                          20181678c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         20.315, F.S.; requiring the Department of Corrections
    4         to include information in its annual report on inmate
    5         admission based on offense type and recidivism rate;
    6         creating s. 900.05, F.S.; providing legislative
    7         intent; providing definitions; requiring specified
    8         entities to collect and transmit specific data weekly
    9         beginning on a certain date to the Department of Law
   10         Enforcement; requiring the Department of Law
   11         Enforcement to compile, maintain, and make publicly
   12         accessible such data beginning on a certain date;
   13         amending s. 907.043, F.S.; requiring each pretrial
   14         release program to include in its annual report the
   15         types of criminal charges of defendants accepted into
   16         a pretrial release program, the number of defendants
   17         accepted into a pretrial release program who paid a
   18         bail or bond, the number of defendants accepted into a
   19         pretrial release program with no prior criminal
   20         conviction, and the number of defendants for whom a
   21         pretrial risk assessment tool was used or was not
   22         used; amending s. 921.0024, F.S.; requiring
   23         scoresheets prepared for all criminal defendants to be
   24         digitized; requiring the Department of Corrections to
   25         develop and submit revised digitized scoresheets to
   26         the Supreme Court for approval; requiring digitized
   27         scoresheets to include individual data cells for each
   28         field on the scoresheet; requiring the clerk of court
   29         to electronically transmit the digitized scoresheet
   30         used in each sentencing proceeding to the Department
   31         of Corrections; amending s. 932.7061, F.S.; revising
   32         the deadline for submitting an annual report by law
   33         enforcement agencies concerning property seized or
   34         forfeited under the Florida Contraband Forfeiture Act;
   35         creating s. 943.687, F.S.; requiring the Department of
   36         Law Enforcement to collect, compile, maintain, and
   37         manage data collected pursuant to s. 900.05, F.S.;
   38         requiring the Department of Law Enforcement to make
   39         data comparable, transferable, and readily usable;
   40         requiring the department to create a unique identifier
   41         for each criminal case received from the clerks of
   42         court; requiring the department to create and maintain
   43         a certain Internet-based database; providing
   44         requirements for data searchability and sharing;
   45         requiring the department to establish certain rules;
   46         requiring the department to monitor data collection
   47         procedures and test data quality; providing for data
   48         archiving, editing, retrieval, and verification;
   49         creating s. 945.041, F.S.; requiring the Department of
   50         Corrections to publish quarterly on its website inmate
   51         admissions based on offense type and the recidivism
   52         rate and rate of probation revocation within a
   53         specified period after release from incarceration;
   54         reenacting s. 932.7062, F.S., relating to a penalty
   55         for noncompliance with reporting requirements, to
   56         incorporate the amendment made to s. 932.7061, F.S.,
   57         in a reference thereto; creating a pilot project in a
   58         specified judicial circuit to improve criminal justice
   59         data transparency and ensure data submitted under s.
   60         900.05, F.S., is accurate, valid, reliable, and
   61         structured; authorizing certain persons to enter into
   62         a memorandum of understanding with a national,
   63         nonpartisan, not-for-profit entity meeting certain
   64         criteria for the purpose of embedding a data fellow in
   65         the office or agency; establishing data fellow duties
   66         and responsibilities; providing for the expiration of
   67         the pilot project; providing an appropriation;
   68         providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Subsection (5) of section 20.315, Florida
   73  Statutes, is amended to read:
   74         20.315 Department of Corrections.—There is created a
   75  Department of Corrections.
   76         (5) ANNUAL REPORTING.—The department shall report annually
   77  to the Governor, the President of the Senate, and the Speaker of
   78  the House of Representatives recounting its activities and
   79  making recommendations for improvements to the performance of
   80  the department. The annual report must include information
   81  published under s. 945.041.
   82         Section 2. Section 900.05, Florida Statutes, is created to
   83  read:
   84         900.05Criminal justice data collection.—It is the intent
   85  of the Legislature to create a model of uniform criminal justice
   86  data collection by requiring local and state criminal justice
   87  agencies to report complete, accurate, and timely data, and to
   88  make such data available to the public.
   89         (1)DEFINITIONS.—As used in this section, the term:
   90         (a)“Admission date” means the date a defendant was
   91  admitted to the Department of Corrections.
   92         (b)“Admission type” means the underlying reason for which
   93  a defendant is admitted to the Department of Corrections,
   94  including a new conviction, probation violation, probation
   95  violation based on a new offense, parole violation, or parole
   96  violation based on a new offense.
   97         (c)“Annual felony caseload” means the yearly adult
   98  criminal felony caseload of each full-time state attorney and
   99  assistant state attorney or public defender and assistant public
  100  defender, based on the number of felony cases reported to the
  101  Supreme Court under s. 25.075. The term does not include the
  102  appellate caseload of a public defender or assistant public
  103  defender.
  104         (d)“Annual misdemeanor caseload” means the yearly adult
  105  criminal misdemeanor caseload of each full-time state attorney
  106  and assistant state attorney or public defender and assistant
  107  public defender, based on the number of misdemeanor cases
  108  reported to the Supreme Court under s. 25.075. The term does not
  109  include the appellate caseload of a public defender or assistant
  110  public defender.
  111         (e)“Arraignment date or initial appearance” means the date
  112  a defendant first appears before a judge to enter a plea.
  113         (f)“Arrest date” means the date a defendant is taken into
  114  physical custody by a law enforcement agency on a criminal
  115  charge or is issued a notice to appear, or the date that a
  116  charging document is filed by the state attorney’s office.
  117         (g)“Attorney assignment date” means the date a court
  118  appointed attorney is assigned to the case or, if privately
  119  retained, the date an attorney files a notice of appearance with
  120  the clerk of court.
  121         (h)“Attorney withdrawal date” means the date the court
  122  removes court-appointed counsel from a case or, for a privately
  123  retained attorney, the date a motion to withdraw is granted by
  124  the court.
  125         (i)“Bail or bond hearing date” means the date a defendant
  126  appears in court for bailor bond determination.
  127         (j)“Bail or bond modification date” means the date a
  128  hearing is held to consider a defendant’s bail or bond
  129  conditions and the conditions are modified.
  130         (k)“Bail or bond posting date” means the date a defendant
  131  posts bail or bond.
  132         (l)“Bail or bond revocation” means the date a court
  133  revokes a defendant’s bail or bond.
  134         (m)“Bail or bond setting date” means the date a court
  135  confirms or orders bail or bond in a criminal case.
  136         (n)“Booking date and reason” means the date that a
  137  defendant is booked into a jail facility on a new charge or for
  138  a probation violation pursuant to a bench warrant for a pretrial
  139  release violation or pursuant to a warrant from another
  140  jurisdiction.
  141         (o)“Case number” means the identification number assigned
  142  by the clerk of court to a criminal case.
  143         (p)“Case status” means whether a case is open, closed,
  144  reopened due to a probation violation, or inactive.
  145         (q)“Cash bail or bond amount” means the monetary amount of
  146  bail or bond imposed by a court.
  147         (r)“Cash bail or bond payment” means whether or not a
  148  defendant posted bail or bond.
  149         (s)“Charge class severity” means the degree misdemeanor or
  150  felony for each charged offense.
  151         (t)“Charge description” means the statement of the charge
  152  matched to the statutory section establishing the conduct as
  153  criminal.
  154         (u)“Charge disposition date” means the date of final
  155  judgment, adjudication, adjudication withheld, dismissal, or
  156  nolle prosequi of each charge.
  157         (v)“Charge modifier” means an aggravating circumstance of
  158  an alleged crime that enhances or modifies a charge to a more
  159  serious offense level.
  160         (w)“Charge sequence number” means the unique numerical
  161  identifier for each charge in a case with multiple charges.
  162         (x)“Charge statute” means the statute for each charge
  163  which establishes the conduct as criminal.
  164         (y)“Charge type” means whether the charge is a misdemeanor
  165  or felony.
  166         (z)“Committing county” means the county from which a
  167  defendant was transported to the Department of Corrections.
  168         (aa)“Concurrent or consecutive sentence flag” means an
  169  indication that a defendant is serving another sentence
  170  concurrently or consecutively in addition to the current
  171  sentence.
  172         (bb)“Court fees amount” means the amount of fees owed to
  173  the clerk of court at disposition of the case.
  174         (cc)“Court fees amount balance or payment to date” means
  175  the amount a defendant paid toward outstanding court fees and
  176  the remaining balance owed.
  177         (dd)“Current institution and institution security level”
  178  means the name of the institution where a defendant is currently
  179  incarcerated and the institution’s security level.
  180         (ee)“Daily cost of a jail bed” means the per diem cost,
  181  based on all sources of funding and costs associated with
  182  operations, for each inmate in a jail facility.
  183         (ff)“Daily cost of a prison bed” means the per diem cost,
  184  based on all sources of funding and costs associated with
  185  operations, for each inmate in a state correctional institution.
  186         (gg)“Daily cost per probationer” means the per diem cost
  187  for each individual serving probation with the Department of
  188  Corrections.
  189         (hh)“Daily jail population” means the number of inmates
  190  incarcerated within a jail facility on each day.
  191         (ii)“Daily jail postsentence population” means the number
  192  of inmates incarcerated within a jail facility on each day who
  193  have been sentenced and are either serving the sentence in jail
  194  or awaiting transportation to the Department of Corrections.
  195         (jj)“Daily jail presentence population” means the number
  196  of inmates incarcerated within a jail facility on each day who
  197  entered a plea to charges or were found guilty at trial and are
  198  awaiting sentencing.
  199         (kk)“Daily jail pretrial population” means the number of
  200  inmates incarcerated within a jail facility on each day awaiting
  201  case disposition.
  202         (ll)“Daily number of correctional officers” means the
  203  number of full-time, part-time, and auxiliary correctional
  204  officers who are actively providing supervision, protection,
  205  care, custody, and control of inmates in a state correctional
  206  institution or jail facility each day.
  207         (mm)“Daily number of federal and state inmates held in
  208  jail” means the number of inmates who are temporarily
  209  incarcerated within a jail facility each day.
  210         (nn)“Daily prison population” means the number of inmates
  211  incarcerated in a state correctional institution on each day.
  212         (oo)“Date of court appearance” means each date that a
  213  criminal case is considered by a court.
  214         (pp)“Date of failure to appear in court” means each date
  215  that a criminal case was set to be heard by a court with
  216  required appearance by a defendant and he or she failed to
  217  appear.
  218         (qq)“Defense attorney type” means whether the attorney is
  219  court-appointed to or privately retained by a defendant, or that
  220  the defendant is represented pro se.
  221         (rr)“Deferred prosecution or pretrial diversion hearing
  222  date or agreement date” means each date that a hearing is held
  223  or a contract is signed by the parties regarding a defendant’s
  224  admission into a deferred prosecution or pretrial diversion
  225  program.
  226         (ss)“Disciplinary violation and action” means any inmate
  227  disciplinary conduct and the consequences of such conduct.
  228         (tt)“Discovery motion date” means the date that a
  229  defendant files a notice to participate in discovery.
  230         (uu)“Dismissal motion date” means the date that a
  231  defendant files a motion to dismiss charges.
  232         (vv)“Dismissal motion hearing date” means the date a court
  233  considers a defendant’s motion to dismiss charges.
  234         (ww)“Disposition date” means the date on which all case
  235  activity is final.
  236         (xx)“Domestic violence flag” means an indication that a
  237  charge involves domestic violence as defined in s. 741.28.
  238         (yy)“Drug type for drug charge” mean the type of drug
  239  specified in each drug charge against a defendant.
  240         (zz)“Ethnicity” means a person’s identification as
  241  Hispanic or Latino, not Hispanic or Latino, or Haitian.
  242         (aaa)“Filing date” means the date that a formal charge is
  243  filed against a defendant.
  244         (bbb)“Fine amount” means the total amount of fines imposed
  245  at case disposition.
  246         (ccc)“Fine amount balance or payment to date” means the
  247  amount a defendant paid toward outstanding fines and the
  248  remaining balance owed.
  249         (ddd)“Gang affiliation flag” means an indication that a
  250  defendant is involved in or associated with a criminal gang as
  251  defined in s. 874.03.
  252         (eee)“Good conduct credit earned” means the time that an
  253  inmate earned for good behavior in a jail facility or state
  254  correctional institution and had credited toward his or her
  255  sentence.
  256         (fff)“Habitual offender flag” means an indication that a
  257  defendant is a habitual felony offender as defined in s. 775.084
  258  or a habitual misdemeanor offender as defined in s. 775.0837.
  259         (ggg)“Jail capacity” means the maximum number of inmates
  260  who can be incarcerated in a jail facility.
  261         (hhh)“Judicial transfer date” means a date on which a
  262  defendant’s case is transferred to another court or presiding
  263  judge.
  264         (iii)“Length of probation sentence imposed” means the
  265  duration of probation ordered by a court.
  266         (jjj)“Length of probation sentence served” means the
  267  amount of time on probation which a defendant has served to
  268  date.
  269         (kkk)“Nonmonetary condition of release” means a condition
  270  of a defendant’s pretrial release imposed by the court which is
  271  not based on payment of bail or bond.
  272         (lll)“Number of contract attorneys representing indigent
  273  defendants for the office of the public defender” means the
  274  number of attorneys hired on a temporary basis, by contract, to
  275  represent indigent clients who were appointed a public defender.
  276         (mmm)“Offense date” means the date that the alleged crime
  277  occurred.
  278         (nnn)“Plea date” means the date that a defendant enters a
  279  plea to a pending charge.
  280         (ooo)“Presentence jail population at year-end” means the
  281  number of inmates incarcerated within a jail facility at the end
  282  of a calendar year who entered pleas or who were found guilty at
  283  trial and are awaiting sentencing.
  284         (ppp)“Pretrial release decision” means the date that the
  285  court decides the issue of a defendant’s pretrial release from
  286  incarceration.
  287         (qqq)“Pretrial release offender flag” means an indication
  288  that the defendant has violated the terms of his or her pretrial
  289  release.
  290         (rrr)“Prior incarceration within the state” means any
  291  prior history of a defendant being incarcerated in a jail
  292  facility or state correctional institution.
  293         (sss)“Postsentence jail population at year-end” means the
  294  number of inmates incarcerated within a jail facility at the end
  295  of a calendar year who have been sentenced and are either
  296  serving that sentence in the facility or awaiting transportation
  297  to the Department of Corrections.
  298         (ttt)“Probation revocation” means any instance where a
  299  defendant’s probation was revoked.
  300         (uuu)“Projected discharge date” means the anticipated date
  301  that an inmate will be released from incarceration.
  302         (vvv)“Race” means a person’s identification as American
  303  Indian or Alaskan Native, African American or Black, Asian,
  304  Hawaiian or other Pacific Islander, White, or Other, which
  305  includes multi-racial individuals.
  306         (www)“Restitution amount ordered” means the amount of
  307  money imposed by the court to compensate a victim of a
  308  defendant’s criminal activity.
  309         (xxx)“Sentence condition” means any requirement imposed by
  310  a court in addition to incarceration.
  311         (yyy)“Sentence date” means the date that a court enters a
  312  sentence against a defendant.
  313         (zzz)“Sentence length” means the total duration of jail
  314  time, prison time, and probation that a defendant is ordered to
  315  serve.
  316         (aaaa)“Sentence type” means capital punishment,
  317  incarceration, probation, or a combination thereof.
  318         (bbbb)“Sentencing scoresheet” means the digitized
  319  worksheet created under s. 921.0024 to compute the defendant’s
  320  minimum sentence that may be imposed by the trial court.
  321         (cccc)“Speedy trial motion date” means the date that a
  322  defendant files a demand for speedy trial.
  323         (dddd)“Speedy trial motion hearing date” means the date
  324  that a court hears a defendant’s demand for speedy trial.
  325         (eeee)“Sexual offender flag” means an indication that a
  326  defendant is a sexual offender as defined in s. 943.0435.
  327         (ffff)“Time served credit and length” means the amount of
  328  prior incarceration credited to an inmate’s current sentence to
  329  reduce the amount of time remaining in the sentence.
  330         (gggg)“Total jail population at year-end” means the number
  331  of inmates incarcerated within a jail facility at the end of a
  332  calendar year.
  333         (hhhh)“Trial date” means the date that a defendant’s case
  334  is set for trial, beginning with jury selection.
  335         (2)DATA COLLECTION AND REPORTING.—Beginning January 1,
  336  2019, the following entities shall collect and transmit data
  337  weekly to the Department of Law Enforcement:
  338         (a)Each clerk of court shall collect the following data
  339  for each criminal case:
  340         1.Case number.
  341         2.Offense date.
  342         3.County in which the offense was committed.
  343         4.Arrest date.
  344         5.Filing date.
  345         6.Arraignment date or initial appearance.
  346         7.Attorney assignment date.
  347         8.Attorney withdrawal date.
  348         9.Case status.
  349         10.Disposition date.
  350         11.For each defendant:
  351         a.Name.
  352         b.Date of birth.
  353         c.Age.
  354         d.Zip code of primary residence.
  355         e.Primary language.
  356         f.Race and ethnicity.
  357         g.Gender.
  358         h.Citizenship.
  359         i.Immigration status, if applicable.
  360         j.Whether the defendant is indigent under s. 27.52.
  361         12.Any charge referred to the state attorney by law
  362  enforcement.
  363         13.The following information on a formal charge filed
  364  against the defendant:
  365         a.Charge sequence number.
  366         b.Charge description.
  367         c.Charge statute.
  368         d.Charge type.
  369         e.Charge class severity.
  370         f.Charge modifier, if any.
  371         g.Charge disposition.
  372         h.Charge disposition date.
  373         i.Drug type for drug charge, if known.
  374         j.Domestic violence flag.
  375         k.Gang affiliation flag.
  376         l.Sexual offender flag.
  377         m.Habitual offender flag.
  378         14.Plea date.
  379         15.The following information on bail or bond and pretrial
  380  release:
  381         a.Pretrial release decision.
  382         b.Nonmonetary condition of release.
  383         c.Cash bail or bond amount.
  384         d.Cash bail or bond payment.
  385         e.Booking date and reason.
  386         f.Date defendant is released on bail, bond, or pretrial
  387  release.
  388         g.Bail or bond revocation due to a new offense, a failure
  389  to appear, or a violation of the terms of bail or bond.
  390         h.Pretrial release offender flag.
  391         16.The following pretrial dates:
  392         a.Bail or bond hearing date.
  393         b.Bail or bond setting date.
  394         c.Bail or bond modification date.
  395         d.Bail or bond posting date.
  396         e.Deferred prosecution or pretrial diversion hearing date
  397  or agreement date.
  398         17.The following court dates and dates of motions and
  399  appearances:
  400         a.Date of court appearance.
  401         b.Date of failure to appear in court.
  402         c.Judicial transfer date.
  403         d.Trial date.
  404         e.Bail or bond motion date.
  405         f.Discovery motion date.
  406         g.Speedy trial motion date.
  407         h.Speedy trial motion hearing date.
  408         i.Dismissal motion date.
  409         j.Dismissal motion hearing date.
  410         18.Defense attorney type.
  411         19.The following information related to sentencing:
  412         a.Sentence date.
  413         b.Sentence type.
  414         c.Sentence length.
  415         d.Sentence condition.
  416         e.Time served credit and length.
  417         f.Court fees amount.
  418         g.Court fees amount balance or payment to date.
  419         h.Fine amount.
  420         i.Fine amount balance or payment to date.
  421         j.Restitution amount ordered.
  422         k.If restitution is ordered, the amount collected by the
  423  court and the amount paid to the victim.
  424         20.The number of judges, magistrates, court commissioners,
  425  or their equivalents hearing nonappellant, adult criminal cases
  426  in the circuit.
  427         (b)Each state attorney shall collect the following data:
  428         1.For a human victim of a criminal offense:
  429         a.Race and ethnicity.
  430         b.Gender.
  431         c.Age.
  432         d.Relationship to the offender.
  433         2.Number of full-time prosecutors.
  434         3.Number of part-time prosecutors.
  435         4.Annual felony caseload.
  436         5.Annual misdemeanor caseload.
  437         6.For each defendant:
  438         a.Each charge referred to the office of the state attorney
  439  by law enforcement.
  440         b.Drug type for each drug charge.
  441         7.Number of cases in which no information was filed.
  442         (c)Each public defender shall collect the following data
  443  for each criminal case:
  444         1.Number of full-time public defenders.
  445         2.Number of part-time public defenders.
  446         3.Number of contract attorneys representing indigent
  447  defendants for the office of the public defender.
  448         4.Annual felony caseload.
  449         5.Annual misdemeanor caseload.
  450         (d)The administrator of each county detention facility
  451  shall collect the following data:
  452         1.Jail capacity.
  453         2.Weekly admissions to jail for probation revocation.
  454         3.Daily jail population.
  455         4.Daily jail pretrial population.
  456         5.Daily jail presentence population.
  457         6.Daily jail postsentence population.
  458         7.Daily number of federal and state inmates held in jail.
  459         8.Total jail population at year-end.
  460         9.Pretrial jail population at year-end.
  461         10.Presentence jail population at year-end.
  462         11.Postsentence jail population at year-end.
  463         12.Number of federal and state inmates held in jail at
  464  year-end.
  465         13.Daily cost of a jail bed.
  466         14.Daily number of correctional officers.
  467         15.Annual jail budget.
  468         16.Revenue generated from the temporary incarceration of
  469  federal defendants or inmates.
  470         17.For each inmate:
  471         a.Booking date and reason.
  472         b.Domestic violence flag.
  473         c.Gang affiliation flag.
  474         d.Habitual offender flag.
  475         e.Pretrial release offender flag.
  476         f.Sexual offender flag.
  477         (e)The Department of Corrections shall collect:
  478         1.For each prisoner:
  479         a.The following data:
  480         (I)Name.
  481         (II)DOC number.
  482         (III)Date of birth.
  483         (IV)Race and ethnicity.
  484         (V)Number of children.
  485         (VI)Education level.
  486         (VII)Admission date.
  487         (VIII)Admission type.
  488         (IX)Current institution and institution security level.
  489         (X)Sexual offender flag.
  490         (XI)Habitual offender flag.
  491         (XII)Gang affiliation flag.
  492         (XIII)Sentencing scoresheet.
  493         (XIV)Committing county.
  494         (XV)Whether the reason for admission to the department is
  495  for a new conviction or a probation violation. For an admission
  496  for a probation violation, the department shall report whether
  497  the violation was technical, based on a new offense, or based on
  498  another term of probation.
  499         b.Specific offense codes, including, for an inmate
  500  convicted of drug trafficking under s. 893.135, the offense code
  501  for each specific drug trafficked.
  502         c.Concurrent or consecutive sentence flag.
  503         d.Length of sentence or concurrent or consecutive
  504  sentences served.
  505         e.Projected discharge date.
  506         f.Time served, in days.
  507         g.Good conduct credit earned.
  508         h.Prior incarceration within the state.
  509         i.Disciplinary violation and action.
  510         j.Participation in rehabilitative or educational
  511  correctional programs.
  512         2.The following information about each correctional
  513  facility:
  514         a.Budget for each correctional institution.
  515         b.Daily prison population.
  516         c.Daily number of correctional officers.
  517         d.Daily cost of a prison bed.
  518         3.For probation and probationary services:
  519         a.For each probationer:
  520         (I)Name.
  521         (II)Date of birth.
  522         (III)Race and ethnicity.
  523         (IV)Sex.
  524         (V)Department-assigned case number.
  525         b.Length of probation sentence imposed and length of
  526  probation sentence served.
  527         c.Probation release date or projected release date.
  528         d.Probation revocation due to a violation.
  529         e.Probation revocation due to a new offense.
  530         f.Daily cost per probationer.
  531         (3)DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
  532  Department of Law Enforcement shall publish datasets in its
  533  possession in a modern, open, electronic format that is machine
  534  readable and readily accessible by the public on the
  535  department’s website. The published data must be searchable, at
  536  a minimum, by each data element, county, circuit, and unique
  537  identifier. Beginning March 1, 2019, the department shall begin
  538  publishing the data received under subsection (2) in the same
  539  modern, open, electronic format that is machine-readable and
  540  readily accessible to the public on the department’s website.
  541  The department shall publish all data received under subsection
  542  (2) no later than July 1, 2019.
  543         Section 3. Paragraph (b) of subsection (4) of section
  544  907.043, Florida Statutes, is amended to read:
  545         907.043 Pretrial release; citizens’ right to know.—
  546         (4)
  547         (b) The annual report must contain, but need not be limited
  548  to:
  549         1. The name, location, and funding sources of the pretrial
  550  release program, including the amount of public funds, if any,
  551  received by the pretrial release program.
  552         2. The operating and capital budget of each pretrial
  553  release program receiving public funds.
  554         3.a. The percentage of the pretrial release program’s total
  555  budget representing receipt of public funds.
  556         b. The percentage of the total budget which is allocated to
  557  assisting defendants obtain release through a nonpublicly funded
  558  program.
  559         c. The amount of fees paid by defendants to the pretrial
  560  release program.
  561         4. The number of persons employed by the pretrial release
  562  program.
  563         5. The number of defendants assessed and interviewed for
  564  pretrial release.
  565         6. The number of defendants recommended for pretrial
  566  release.
  567         7. The number of defendants for whom the pretrial release
  568  program recommended against nonsecured release.
  569         8. The number of defendants granted nonsecured release
  570  after the pretrial release program recommended nonsecured
  571  release.
  572         9. The number of defendants assessed and interviewed for
  573  pretrial release who were declared indigent by the court.
  574         10.The number of defendants accepted into a pretrial
  575  release program who paid a surety or cash bail or bond.
  576         11.The number of defendants for whom a risk assessment
  577  tool was used in determining whether the defendant should be
  578  released pending the disposition of the case and the number of
  579  defendants for whom a risk assessment tool was not used.
  580         12.The type of each criminal charge of a defendant
  581  accepted into a pretrial release program, including, at a
  582  minimum, the number of defendants charged with:
  583         a.Dangerous crimes as defined in s. 907.041.
  584         b.Nonviolent felonies.
  585         c.Misdemeanors only.
  586         13.The number of defendants accepted into a pretrial
  587  release program with no prior criminal conviction.
  588         14.10. The name and case number of each person granted
  589  nonsecured release who:
  590         a. Failed to attend a scheduled court appearance.
  591         b. Was issued a warrant for failing to appear.
  592         c. Was arrested for any offense while on release through
  593  the pretrial release program.
  594         15.11. Any additional information deemed necessary by the
  595  governing body to assess the performance and cost efficiency of
  596  the pretrial release program.
  597         Section 4. Subsections (3) through (7) of section 921.0024,
  598  Florida Statutes, are amended to read:
  599         921.0024 Criminal Punishment Code; worksheet computations;
  600  scoresheets.—
  601         (3) A single digitized scoresheet shall be prepared for
  602  each defendant to determine the permissible range for the
  603  sentence that the court may impose, except that if the defendant
  604  is before the court for sentencing for more than one felony and
  605  the felonies were committed under more than one version or
  606  revision of the guidelines or the code, separate digitized
  607  scoresheets must be prepared. The scoresheet or scoresheets must
  608  cover all the defendant’s offenses pending before the court for
  609  sentencing. The state attorney shall prepare the digitized
  610  scoresheet or scoresheets, which must be presented to the
  611  defense counsel for review for accuracy in all cases unless the
  612  judge directs otherwise. The defendant’s scoresheet or
  613  scoresheets must be approved and signed by the sentencing judge.
  614         (4) The Department of Corrections, in consultation with the
  615  Office of the State Courts Administrator, state attorneys, and
  616  public defenders, must develop and submit the revised digitized
  617  Criminal Punishment Code scoresheet to the Supreme Court for
  618  approval by June 15 of each year, as necessary. The digitized
  619  scoresheet shall have individual, structured data cells for each
  620  data field on the scoresheet. Upon the Supreme Court’s approval
  621  of the revised digitized scoresheet, the Department of
  622  Corrections shall produce and provide sufficient copies of the
  623  revised digitized scoresheets by September 30 of each year, as
  624  necessary. Digitized scoresheets must include individual data
  625  cells to indicate item entries for the scoresheet preparer’s use
  626  in indicating whether any prison sentence imposed includes a
  627  mandatory minimum sentence or the sentence imposed was a
  628  downward departure from the lowest permissible sentence under
  629  the Criminal Punishment Code.
  630         (5) The Department of Corrections shall make available
  631  distribute sufficient copies of the digitized Criminal
  632  Punishment Code scoresheets to those persons charged with the
  633  responsibility for preparing scoresheets.
  634         (6) The clerk of the circuit court shall transmit a
  635  complete, and accurate digitized, and legible copy of the
  636  Criminal Punishment Code scoresheet used in each sentencing
  637  proceeding to the Department of Corrections. Scoresheets must be
  638  electronically transmitted no less frequently than weekly
  639  monthly, by the first of each month, and may be sent
  640  collectively.
  641         (7) A digitized sentencing scoresheet must be prepared for
  642  every defendant who is sentenced for a felony offense. A copy of
  643  The individual offender’s digitized Criminal Punishment Code
  644  scoresheet and any attachments thereto prepared pursuant to Rule
  645  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
  646  Procedure, or any other rule pertaining to the preparation and
  647  submission of felony sentencing scoresheets, must be included
  648  with attached to the copy of the uniform judgment and sentence
  649  form provided to the Department of Corrections.
  650         Section 5. Subsection (1) of section 932.7061, Florida
  651  Statutes, is amended to read:
  652         932.7061 Reporting seized property for forfeiture.—
  653         (1) Every law enforcement agency shall submit an annual
  654  report to the Department of Law Enforcement indicating whether
  655  the agency has seized or forfeited property under the Florida
  656  Contraband Forfeiture Act. A law enforcement agency receiving or
  657  expending forfeited property or proceeds from the sale of
  658  forfeited property in accordance with the Florida Contraband
  659  Forfeiture Act shall submit a completed annual report by
  660  December 1 October 10 documenting the receipts and expenditures.
  661  The report shall be submitted in an electronic form, maintained
  662  by the Department of Law Enforcement in consultation with the
  663  Office of Program Policy Analysis and Government Accountability,
  664  to the entity that has budgetary authority over such agency and
  665  to the Department of Law Enforcement. The annual report must, at
  666  a minimum, specify the type, approximate value, court case
  667  number, type of offense, disposition of property received, and
  668  amount of any proceeds received or expended.
  669         Section 6. Section 943.687, Florida Statutes, is created to
  670  read:
  671         943.687Criminal justice data transparency.—In order to
  672  facilitate the availability of comparable and uniform criminal
  673  justice data, the department shall:
  674         (1)Collect, compile, maintain, and manage the data
  675  submitted by local and state entities pursuant to s. 900.05 and
  676  coordinate related activities to collect and submit data. The
  677  department shall create a unique identifier for each criminal
  678  case received from the clerks of court which identifies the
  679  person who is the subject of the criminal case. The unique
  680  identifier must be the same for that person in any court case
  681  and used across local and state entities for all information
  682  related to that person at any time. The unique identifier shall
  683  be randomly created and may not include any portion of the
  684  person’s social security number or date of birth.
  685         (2)Promote criminal justice data sharing by making such
  686  data received under s. 900.05 comparable, transferable, and
  687  readily usable.
  688         (3)Create and maintain an Internet-based database of
  689  criminal justice data received under s. 900.05 in a modern,
  690  open, electronic format that is machine-readable and readily
  691  accessible through an application program interface. The
  692  database must allow the public to search, at a minimum, by each
  693  data element, county, judicial circuit, or unique identifier.
  694  The department may not require a license or charge a fee to
  695  access or receive information from the database.
  696         (4)Develop written agreements with local, state, and
  697  federal agencies to facilitate criminal justice data sharing.
  698         (5)Establish by rule:
  699         (a)Requirements for the entities subject to the
  700  requirements of s. 900.05 to submit data through an application
  701  program interface.
  702         (b)A data catalog defining data objects, describing data
  703  fields, and detailing the meaning of and options for each data
  704  element reported pursuant to s. 900.05.
  705         (c)How data collected pursuant to s. 900.05 is compiled,
  706  processed, structured, used, or shared. The rule shall provide
  707  for the tagging of all information associated with each case
  708  number and unique identifier.
  709         (d)Requirements for implementing and monitoring the
  710  Internet-based database established under subsection (3).
  711         (e)How information contained in the Internet-based
  712  database established under subsection (3) is accessed by the
  713  public.
  714         (6)Consult with local, state, and federal criminal justice
  715  agencies and other public and private users of the database
  716  established under subsection (3) on the data elements collected
  717  under s. 900.05, the use of such data, and adding data elements
  718  to be collected.
  719         (7)Monitor data collection procedures and test data
  720  quality to facilitate the dissemination of accurate, valid,
  721  reliable, and complete criminal justice data.
  722         (8)Develop methods for archiving data, retrieving archived
  723  data, and data editing and verification.
  724         Section 7. Section 945.041, Florida Statutes, is created to
  725  read:
  726         945.041Department of Corrections reports.—The department
  727  shall publish on its website and make available to the public
  728  the following information, updated on a quarterly basis:
  729         (1)Inmate admissions by offense type. Burglary of dwelling
  730  offenses under s. 810.02(2), (3)(a), and (3)(b) must be reported
  731  as a separate category from all other property crimes.
  732         (2)The recidivism rate, defined as rearrest, reconviction,
  733  reincarceration, and probation revocation in the state within a
  734  3-year time period following release from incarceration.
  735         Section 8. For the purpose of incorporating the amendment
  736  made by this act to section 932.7061, Florida Statutes, in a
  737  reference thereto, section 932.7062, Florida Statutes, is
  738  reenacted to read:
  739         932.7062 Penalty for noncompliance with reporting
  740  requirements.—A seizing agency that fails to comply with the
  741  reporting requirements in s. 932.7061 is subject to a civil fine
  742  of $5,000, to be determined by the Chief Financial Officer and
  743  payable to the General Revenue Fund. However, such agency is not
  744  subject to the fine if, within 60 days after receipt of written
  745  notification from the Department of Law Enforcement of
  746  noncompliance with the reporting requirements of the Florida
  747  Contraband Forfeiture Act, the agency substantially complies
  748  with those requirements. The Department of Law Enforcement shall
  749  submit any substantial noncompliance to the office of Chief
  750  Financial Officer, which shall be responsible for the
  751  enforcement of this section.
  752         Section 9. A pilot project is established in the Sixth
  753  Judicial Circuit for the purpose of improving criminal justice
  754  data transparency and ensuring that data submitted under s.
  755  900.05, Florida Statutes, is accurate, valid, reliable, and
  756  structured. The clerk of court, the state attorney, the public
  757  defender, or a sheriff in the circuit may enter into a
  758  memorandum of understanding with a national, nonpartisan, not
  759  for-profit entity which provides data and measurement for
  760  county-level criminal justice systems to establish the duties
  761  and responsibilities of a data fellow, completely funded by the
  762  entity, to be embedded with the office or agency. The data
  763  fellow shall assist with data extraction, validation, and
  764  quality and shall publish such data consistent with the terms of
  765  the memorandum. The data fellow shall assist the office or
  766  agency in compiling and reporting data pursuant to s. 900.05,
  767  Florida Statutes, in compliance with rules established by the
  768  Department of Law Enforcement. The pilot project shall expire as
  769  provided in the memorandum.
  770         Section 10. For the 2018-2019 fiscal year, nine full-time
  771  equivalent positions with an associated total salary rate of
  772  $665,884 are authorized, and the sum of $1,750,000 in
  773  nonrecurring funds from General Revenue is appropriated to the
  774  Department of Law Enforcement for the purposes of implementing
  775  ss. 900.05(3) and 943.687, Florida Statutes, transitioning to
  776  incident-based crime reporting, and collecting and submitting
  777  crime statistics that meet the requirements of the Federal
  778  Bureau of Investigation under the National Incident-Based
  779  Reporting System.
  780         Section 11. This act shall take effect July 1, 2018.