HB 1441

1
A bill to be entitled
2An act relating to pretrial release programs; creating s.
3907.043, F.S.; creating the "Citizens' Right-to-Know Act";
4defining the terms "nonsecured release," "pretrial release
5program," "register," and "secured release"; requiring
6each pretrial release program to prepare a register
7displaying information relevant to the defendants released
8through such a program; requiring that a copy of the
9register be located at the office of the clerk of the
10circuit court in the county where the program is located
11and readily accessible to the public; specifying the
12contents of the register; requiring each pretrial release
13program to submit an annual report to the Office of the
14State Court Administrator and to the clerk of the circuit
15court by a specified date; specifying the content of the
16annual report; providing penalties for noncompliance by
17the pretrial release program; amending s. 903.011, F.S.;
18providing requirements for the form of bail or bond
19required for release from detention; amending s. 903.09,
20F.S.; providing that the requirements and conditions
21applicable to surety bonds apply to cash bond deposits;
22amending s. 903.286, F.S.; requiring that all cash bond
23forms prominently display a notice explaining that cash
24funds are subject to forfeiture and withholding by the
25clerk of the court for the payment of court fees, court
26costs, and criminal penalties on behalf of the criminal
27defendant regardless of who posted the funds; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 907.043, Florida Statutes, is created
33to read:
34     907.043  Pretrial release; citizens' right to know.--
35     (1)  This section may be cited as the "Citizens' Right-to-
36Know Act."
37     (2)  As used in this section, the term:
38     (a)  "Nonsecured release" means the release of a defendant
39from pretrial custody when no secured surety or cash bond is
40required as a condition of the release.
41     (b)  "Pretrial release program" means an entity, public or
42private, that conducts investigations of pretrial detainees,
43makes pretrial release recommendations to a court, and
44electronically monitors and supervises pretrial defendants.
45     (c)  "Register" means a public record prepared by a
46pretrial release program which furnishes specified data and is
47readily available to the public at the office of the clerk of
48the circuit court.
49     (d)  "Secured release" means the release of a defendant
50from pretrial custody with a financial guarantee, such as cash
51or a surety bond, required as a condition of the release.
52     (3)(a)  Each pretrial release program must prepare a
53register displaying information that is relevant to the
54defendants released through such a program. A copy of the
55register must be located at the office of the clerk of the
56circuit court in the county where the program is located and
57must be readily accessible to the public.
58     (b)  The register must be updated weekly and display
59accurate data regarding the following information:
60     1.  The name, location, and funding source of the pretrial
61release program.
62     2.  The number of defendants assessed and interviewed for
63pretrial release.
64     3.  The number of indigent defendants assessed and
65interviewed for pretrial release.
66     4.  The names and number of defendants accepted into the
67pretrial release program.
68     5.  The names and number of indigent defendants accepted
69into the pretrial release program.
70     6.  The charges filed against and the case numbers of
71defendants accepted into the pretrial release program.
72     7.  The nature of any prior criminal conviction of a
73defendant accepted into the pretrial release program.
74     8.  The court appearances required of defendants accepted
75into the pretrial release program.
76     9.  The date of each defendant's failure to appear for a
77scheduled court appearance.
78     10.  The number of warrants, if any, which have been issued
79for a defendant's arrest for failing to appear at a scheduled
80court appearance.
81     11.  The number and type of program noncompliance
82infractions committed by a defendant in the pretrial release
83program and whether the pretrial release program recommended
84that the court revoke the defendant's release.
85     (4)(a)  No later than March 31 of every year, each pretrial
86release program must submit an annual report for the previous
87calendar year to the Office of the State Court Administrator and
88to the clerk of the circuit court in the county where the
89pretrial release program is located. The annual report must be
90readily accessible to the public.
91     (b)  The annual report must contain, but need not be
92limited to:
93     1.  The name, location, and funding sources of the pretrial
94release program, including the amount of public funds, if any,
95received by the pretrial release program.
96     2.  The operating and capital budget of each pretrial
97release program receiving public funds.
98     3.  The percentage of the total budget representing receipt
99of public funds.
100     4.  The number of persons employed by the pretrial release
101program.
102     5.  The number of defendants assessed and interviewed for
103pretrial release.
104     6.  The number of defendants recommended for pretrial
105release.
106     7.  The number of defendants for whom the pretrial release
107program recommended against nonsecured release.
108     8.  The number of defendants granted nonsecured release
109after the pretrial release program recommended nonsecured
110release.
111     9.  The number of defendants assessed and interviewed for
112pretrial release who were declared indigent by the court.
113     10.  The name and case number of each person granted
114nonsecured release who:
115     a.  Failed to attend a scheduled court appearance.
116     b.  Was issued a warrant for failing to appear.
117     c.  Was arrested for any offense while on release through
118the pretrial release program.
119     11.  Any additional information deemed necessary by the
120chief judge of the circuit court of the county or the Office of
121the State Court Administrator to assess the performance and cost
122efficiency of the pretrial release program.
123     (c)  The annual report must disclose the percentage of the
124pretrial release program's budget which is allocated to
125assisting defendants obtain release through a nonpublicly funded
126program.
127     (d)  The amount of fees paid by defendants to the pretrial
128release program.
129     (5)  If the chief judge of the circuit court finds that the
130pretrial release program has not maintained the register or
131filed an annual report as required by this section, the chief
132judge shall:
133     (a)  For a first occurrence of noncompliance, require the
134pretrial release program to immediately prepare a written report
135explaining the noncompliance and what measures will be taken to
136bring the pretrial release program into compliance and the date
137by which the noncompliance will be cured.
138     (b)  For a second or subsequent occurrence of
139noncompliance, order the pretrial release program to show why it
140should not be held in contempt for its continued noncompliance.
141If the pretrial release program cannot justify the continued
142noncompliance, the chief judge may order the program to reduce
143its budget by 25 percent if it is a pretrial release program
144receiving public funds and, if the pretrial release program is a
145private entity, immediately cancel all pretrial release
146contracts.
147     Section 2.  Section 903.011, Florida Statutes, is amended
148to read:
149     903.011  "Bail" and "bond" defined; general terms.--
150     (1)  As used in this chapter, the terms "bail" and "bond"
151include any and all forms of pretrial release.
152     (2)  Any monetary or cash component of any form of pretrial
153release may be met by a surety bond.
154     (3)  Differing monetary amounts may not be set for cash,
155surety, or other forms of pretrial release.
156     Section 3.  Subsection (2) of section 903.09, Florida
157Statutes, is amended to read:
158     903.09  Justification of sureties.--
159     (2)  A bond agent, as defined in s. 648.25(2), shall
160justify her or his suretyship by attaching a copy of the power
161of attorney issued by the company to the bond or by attaching to
162the bond United States currency, a United States postal money
163order, or a cashier's check in the amount of the bond; but the
164United States currency, United States postal money order, or
165cashier's check cannot be used to secure more than one bond.
166These requirements and conditions apply also to cash bond
167deposits. This section does not Nothing herein shall prohibit
168two or more qualified sureties from each posting any portion of
169a bond amount, and being liable for only that amount, so long as
170the total posted by all cosureties is equal to the amount of
171bond required.
172     Section 4.  Section 903.286, Florida Statutes, is amended
173to read:
174     903.286  Return of cash bond; requirement to withhold
175unpaid fines, fees, and court costs; cash bond forms.--
176     (1)  Notwithstanding the provisions of s. 903.31(2), the
177clerk of the court shall withhold from the return of a cash bond
178posted on behalf of a criminal defendant by a person other than
179a bail bond agent licensed pursuant to chapter 648 sufficient
180funds to pay any unpaid court fees, court costs, and criminal
181penalties. If In the event that sufficient funds are not
182available to pay all unpaid court fees, court costs, and
183criminal penalties, the clerk of the court shall immediately
184obtain payment from the defendant or enroll the defendant in a
185payment plan pursuant to s. 28.246.
186     (2)  All cash bond forms used in conjunction with the
187requirements of s. 903.09(2) must prominently display a notice
188explaining that all funds are subject to forfeiture and
189withholding by the clerk of the court for the payment of court
190fees, court costs, and criminal penalties on behalf of the
191criminal defendant regardless of who posted the funds.
192     Section 5.  This act shall take effect July 1, 2008.


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