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An act relating to pretrial release programs; creating s.

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907.043, F.S.; creating the "Citizens' Right-to-Know Act";

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defining the terms "nonsecured release," "pretrial release

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program," "register," and "secured release"; requiring

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each pretrial release program to prepare a register

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displaying information relevant to the defendants released

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through such a program; requiring that a copy of the

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register be located at the office of the clerk of the

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circuit court in the county where the program is located

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and readily accessible to the public; specifying the

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contents of the register; requiring each pretrial release

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program to submit an annual report to the Office of the

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State Courts Administrator and to the clerk of the circuit

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court by a specified date; specifying the content of the

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annual report; amending s. 903.011, F.S.; providing

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requirements for the form of bail or bond required for

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release from detention; amending s. 903.286, F.S.;

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requiring that all cash bond forms prominently display a

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notice explaining that cash funds are subject to

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forfeiture and withholding by the clerk of the court for

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the payment of court fees, court costs, and criminal

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penalties on behalf of the criminal defendant regardless

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of who posted the funds; requiring the Office of Program

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Policy Analysis and Government Accountability to conduct a

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study to evaluate the effectiveness and cost-efficiency of

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pretrial release programs in this state; describing the

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scope of the study; requiring OPPAGA to submit a report of

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the study to the President of the Senate and the Speaker

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of the House of Representatives by a specified date;

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providing an effective date.

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

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     Section 1.  Section 907.043, Florida Statutes, is created to

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read:

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     907.043 Pretrial release; citizens' right to know.--

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     (1) This section may be cited as the "Citizens' Right-to-

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Know Act."

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     (2) As used in this section, the term:

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     (a) "Nonsecured release" means the release of a defendant

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from pretrial custody when no secured surety or cash bond is

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required as a condition of the release.

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     (b) "Pretrial release program" means an entity, public or

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private, that conducts investigations of pretrial detainees,

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makes pretrial release recommendations to a court, and

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electronically monitors and supervises pretrial defendants.

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However, the term "pretrial release program" shall not apply to

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the Department of Corrections.

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     (c) "Register" means a public record prepared by a pretrial

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release program which furnishes specified data and is readily

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available to the public at the office of the clerk of the circuit

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court.

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     (d) "Secured release" means the release of a defendant from

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pretrial custody with a financial guarantee, such as cash or a

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surety bond, required as a condition of the release.

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     (3)(a) Each pretrial release program must prepare a

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register displaying information that is relevant to the

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defendants released through such a program. A copy of the

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register must be located at the office of the clerk of the

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circuit court in the county where the program is located and must

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be readily accessible to the public.

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     (b) The register must be updated weekly and display

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accurate data regarding the following information:

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     1. The name, location, and funding source of the pretrial

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release program.

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     2. The number of defendants assessed and interviewed for

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pretrial release.

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     3. The number of indigent defendants assessed and

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interviewed for pretrial release.

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     4. The names and number of defendants accepted into the

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pretrial release program.

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     5. The names and number of indigent defendants accepted

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into the pretrial release program.

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     6. The charges filed against and the case numbers of

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defendants accepted into the pretrial release program.

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     7. The nature of any prior criminal conviction of a

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defendant accepted into the pretrial release program.

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     8. The court appearances required of defendants accepted

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into the pretrial release program.

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     9. The date of each defendant's failure to appear for a

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scheduled court appearance.

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     10. The number of warrants, if any, which have been issued

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for a defendant's arrest for failing to appear at a scheduled

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court appearance.

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     11. The number and type of program noncompliance

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infractions committed by a defendant in the pretrial release

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program and whether the pretrial release program recommended that

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the court revoke the defendant's release.

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     (4)(a) No later than March 31 of every year, each pretrial

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release program must submit an annual report for the previous

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calendar year to the governing body and to the clerk of the

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circuit court in the county where the pretrial release program is

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located. The annual report must be readily accessible to the

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public.

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

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to:

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     1. The name, location, and funding sources of the pretrial

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release program, including the amount of public funds, if any,

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received by the pretrial release program.

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     2. The operating and capital budget of each pretrial

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release program receiving public funds.

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     3.a. The percentage of the pretrial release program's total

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budget representing receipt of public funds.

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     b. The percentage of the total budget which is allocated to

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assisting defendants obtain release through a nonpublicly funded

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program.

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     c. The amount of fees paid by defendants to the pretrial

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release program.

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     4. The number of persons employed by the pretrial release

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program.

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     5. The number of defendants assessed and interviewed for

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pretrial release.

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     6. The number of defendants recommended for pretrial

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release.

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     7. The number of defendants for whom the pretrial release

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program recommended against nonsecured release.

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     8. The number of defendants granted nonsecured release

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after the pretrial release program recommended nonsecured

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release.

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     9. The number of defendants assessed and interviewed for

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pretrial release who were declared indigent by the court.

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     10. The name and case number of each person granted

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nonsecured release who:

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     a. Failed to attend a scheduled court appearance.

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     b. Was issued a warrant for failing to appear.

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     c. Was arrested for any offense while on release through

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the pretrial release program.

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     11. Any additional information deemed necessary by the

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governing body to assess the performance and cost-efficiency of

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the pretrial release program.

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     Section 2.  Section 903.011, Florida Statutes, is amended to

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read:

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     903.011 "Bail" and "bond" defined; general terms.--

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     (1) As used in this chapter, the terms "bail" and "bond"

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include any and all forms of pretrial release.

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     (2) Any monetary or cash component of any form of pretrial

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release may be met by a surety bond.

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     (3) Differing monetary amounts may not be set for cash,

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surety, or other forms of pretrial release.

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     Section 3.  Section 903.286, Florida Statutes, is amended to

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read:

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     903.286  Return of cash bond; requirement to withhold unpaid

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fines, fees, and court costs; cash bond forms.--

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     (1) Notwithstanding the provisions of s. 903.31(2), the

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clerk of the court shall withhold from the return of a cash bond

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posted on behalf of a criminal defendant by a person other than a

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bail bond agent licensed pursuant to chapter 648 sufficient funds

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to pay any unpaid court fees, court costs, and criminal

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penalties. If In the event that sufficient funds are not

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available to pay all unpaid court fees, court costs, and criminal

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penalties, the clerk of the court shall immediately obtain

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payment from the defendant or enroll the defendant in a payment

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plan pursuant to s. 28.246.

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     (2) All cash bond forms used in conjunction with the

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requirements of s. 903.09 must prominently display a notice

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explaining that all funds are subject to forfeiture and

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withholding by the clerk of the court for the payment of court

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fees, court costs, and criminal penalties on behalf of the

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criminal defendant regardless of who posted the funds.

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     Section 4. The Office of Program Policy Analysis and

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Government Accountability shall conduct an annual study to

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evaluate the effectiveness and cost-efficiency of pretrial

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release programs in this state. The study's scope shall include,

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but need not be limited to, gathering information pertaining to

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the funding sources of each pretrial release program, the nature

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of criminal convictions of defendants accepted into the programs,

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the number of failed court appearances by defendants accepted

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into each program, and the number of warrants issued subsequently

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by defendants in each program, as well as the program's

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compliance with the provisions of this section. OPPAGA shall

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submit a report to the President of the Senate and the Speaker of

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the House of Representatives by January 1 of each year.

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     Section 5.  This act shall take effect July 1, 2008.