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