Senate Bill sb0688c1

    Florida Senate - 2006                            CS for SB 688

    By the Committee on Criminal Justice; and Senator Bennett





    591-1740-06

  1                      A bill to be entitled

  2         An act relating to custody of criminal

  3         defendants; amending s. 907.04, F.S.; providing

  4         that arrestees in the custody of the Department

  5         of Corrections at the time of arrest be

  6         retained in the department's custody pending

  7         disposition of the charge or until the

  8         expiration of the arrestee's original sentence

  9         of imprisonment; requiring application of

10         specified provisions if an arrested state

11         prisoner's presence is required in court;

12         providing an effective date.

13  

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

15  

16         Section 1.  Section 907.04, Florida Statutes, is

17  amended to read:

18         907.04  Disposition of defendant upon arrest.--

19         (1)  Except as provided in subsection (2), if a person

20  who is arrested does not have a right to bail for the offense

21  charged, he or she shall be delivered immediately into the

22  custody of the sheriff of the county in which the indictment,

23  information, or affidavit is filed. If the person who is

24  arrested has a right to bail, he or she shall be released

25  after giving bond on the amount specified in the warrant.

26         (2)  If the person who is arrested is, at the time of

27  arrest, in the custody of the Department of Corrections under

28  sentence of imprisonment, unless otherwise ordered by the

29  court, such person shall remain in the department's custody

30  pending disposition of the charge or until the person's

31  underlying sentence of imprisonment expires, whichever occurs

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                            CS for SB 688
    591-1740-06




 1  earlier. If the arrested state prisoner's presence is required

 2  in court for any reason, the provisions of s. 944.17(8) shall

 3  apply.

 4         Section 2.  This act shall take effect July 1, 2006.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 688

 8                                 

 9  Clarifies that an inmate who is imprisoned in the custody of
    the Department of Corrections will remain in the department's
10  custody until the new charge is disposed of or the underlying
    sentence of imprisonment expires, whichever occurs earlier. If
11  the defendant's presence is needed for a court proceeding,
    then the provisions of section 944.17(8) will apply and the
12  temporary custody of the defendant may be granted to the
    sheriff or chief correctional officer.
13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.