Senate Bill 0996

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    Florida Senate - 1998                                   SB 996

    By Senator Crist





    20-897-98

  1                      A bill to be entitled

  2         An act relating to pretrial release; creating

  3         the "Citizen's Right-to-Know Act"; requiring

  4         each chief county judge and chief circuit judge

  5         to prepare a register that contains information

  6         regarding the cases and criminal defendants who

  7         are released on pretrial release; requiring

  8         that the register be available to the public;

  9         providing requirements for updating the

10         register; specifying information to be

11         contained in the register; requiring each chief

12         county judge and chief circuit judge to file an

13         annual report with the Office of the State

14         Courts Administrator; requiring that such

15         report be available to the public; specifying

16         information to be contained in the report

17         regarding the number of defendants who are

18         released on pretrial release under specified

19         circumstances; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Citizen's Right-to-Know Act.--

24         (1)  This section may be cited as the "Citizen's

25  Right-to-Know Act."

26         (2)(a)  Each chief county judge and chief circuit judge

27  shall prepare a register that contains information regarding

28  the cases and criminal defendants that are released on

29  pretrial release. The register must be located in the office

30  of the clerk of the court in the county and must be readily

31  available to the public.

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    Florida Senate - 1998                                   SB 996
    20-897-98




  1         (b)  The register must be updated each week and must

  2  display accurately the following information for each

  3  defendant who is released on pretrial release:

  4         1.  The charge against the defendant.

  5         2.  The nature of any prior relevant criminal

  6  convictions against the defendant.

  7         3.  The court appearances required of the defendant.

  8         4.  The date of any scheduled court appearance in which

  9  the defendant did not appear.

10         5.  Whether a warrant has been issued for the

11  defendant's arrest for failure to appear, in accordance with

12  the terms and conditions of the defendant's pretrial release.

13         6.  Any instance of noncompliance with the terms and

14  conditions of pretrial release.

15         7.  The current status of the case.

16         8.  The final disposition of the case.

17         (3)(a)  Before the end of the first quarter of each

18  calendar year, each chief county judge and chief circuit judge

19  shall submit a report to the Office of the State Courts

20  Administrator for the prior year. The report must be readily

21  available to the public through the Office of the State Courts

22  Administrator.

23         (b)  The annual report must contain, but need not be

24  limited to:

25         1.  The complete operating and capital budget of the

26  court's pretrial release program.

27         2.  The number of personnel employed by the court in

28  its pretrial release program.

29         3.  The number of defendants who were recommended for

30  pretrial release.

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    Florida Senate - 1998                                   SB 996
    20-897-98




  1         4.  The number of defendants whose cases were reviewed

  2  for pretrial release.

  3         5.  The number of defendants for which the court denied

  4  a request for pretrial release.

  5         6.  The number of defendants who, after review by the

  6  court, were released by the court on pretrial release, listed

  7  by the number released on a surety bond and the number

  8  released on their own recognizance.

  9         7.  The number of defendants who were determined to be

10  indigent by the court.

11         8.  The number of defendants released by the court on

12  pretrial release:

13         a.  Who were convicted of the same offense during the 6

14  years preceding the date the defendant was charged in the

15  matter pending before the court.

16         b.  Who failed to attend a scheduled court appearance.

17         c.  For whom a warrant was issued for the defendant's

18  arrest for failure to appear as required under the terms of

19  the pretrial release.

20         d.  Who were arrested for any offense while on pretrial

21  release.

22         Section 2.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                                   SB 996
    20-897-98




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  2                          SENATE SUMMARY

  3    Creates the "Citizen's Right-to-Know Act." Requires that
      each chief county judge and each chief circuit judge
  4    prepare a register, and update it weekly, which contains
      information about the cases and criminal defendants who
  5    are released by the court on pretrial release. Requires
      that the information be available to the public in the
  6    office of the clerk of the court. Requires that each
      chief county judge and chief circuit judge prepare an
  7    annual report for submittal to the Office of the State
      Courts Administrator. Requires that the annual report
  8    contain information about the operating expenses of the
      court's pretrial release program and information about
  9    the number of defendants that the court released on
      pretrial release during the prior year. Requires that the
10    annual report be readily available to the public. (See
      bill for details.)
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