1 | A bill to be entitled |
2 | An act relating to pretrial programs; providing state |
3 | policy and legislative intent; requiring each pretrial |
4 | release program established by ordinance of a county |
5 | commission, by administrative order of a court, or by any |
6 | other means in order to assist in the release of a |
7 | defendant from pretrial custody to conform to the |
8 | eligibility criteria set forth by the act; preempting any |
9 | conflicting statutes, local ordinances, orders, or |
10 | practices; requiring that the defendant satisfy certain |
11 | eligibility criteria in order to be assigned to a pretrial |
12 | release program; permitting a defendant to post a surety |
13 | bond pursuant to a predetermined bond schedule; requiring |
14 | disclosure of certain fees; providing that the act does |
15 | not prohibit a court from releasing a defendant on the |
16 | defendant's own recognizance or imposing any other |
17 | reasonable condition of release on the defendant; |
18 | authorizing a county to reimburse a licensed surety agent |
19 | for the premium costs of a bail bond for the pretrial |
20 | release of an indigent defendant under certain |
21 | circumstances; providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Eligibility criteria for the enrollment of a |
26 | defendant in a pretrial release program.- |
27 | (1) It is the policy of this state that only defendants |
28 | who are indigent and who qualify for the services of a public |
29 | defender are eligible to participate in a pretrial release |
30 | program. Further, it is the policy of this state that, to the |
31 | greatest extent possible, the resources of the private sector be |
32 | used to assist in the pretrial release of defendants. It is the |
33 | intent of the Legislature that this section not be interpreted |
34 | to limit the discretion of courts with respect to imposing on a |
35 | defendant reasonable conditions for pretrial release. |
36 | (2) A pretrial release program established by an ordinance |
37 | of the county commission, an administrative order of the court, |
38 | or by any other means in order to assist in the release of |
39 | defendants from pretrial custody is subject to the eligibility |
40 | criteria set forth in this section. These eligibility criteria |
41 | for admission into a pretrial release program supersede and |
42 | preempt all conflicting statutes, local ordinances, orders, or |
43 | practices. Each pretrial release program shall certify annually, |
44 | in writing to the chief circuit court judge, that it has |
45 | complied with the reporting requirements of s. 907.043(4), |
46 | Florida Statutes. |
47 | (3) A defendant is eligible to participate in a pretrial |
48 | release program only by order of the court after the court finds |
49 | in writing upon consideration of the defendant's affidavit of |
50 | insolvency that the defendant is indigent as set forth in Rule |
51 | 3.111, Florida Rules of Criminal Procedure, and that the |
52 | defendant has not previously failed to appear at any required |
53 | court proceeding. |
54 | (4) If a defendant seeks to post a surety bond pursuant to |
55 | a predetermined bond schedule, the defendant shall be permitted |
56 | to do so without any interference or restriction by a pretrial |
57 | release program. Each pretrial release program shall disclose in |
58 | writing to each defendant at his or her initial interview each |
59 | and every fee that will be assessed for his or her supervision. |
60 | (5) This section does not prohibit the court from: |
61 | (a) Releasing a defendant on the defendant's own |
62 | recognizance. |
63 | (b) Imposing upon the defendant any reasonable condition |
64 | of release, including, but not limited to, electronic |
65 | monitoring, drug testing, substance abuse treatment, and |
66 | domestic violence counseling. |
67 | (6) In lieu of using a governmental program to ensure the |
68 | court appearance of a defendant, a county may reimburse a |
69 | licensed surety agent for the premium costs of a surety bail |
70 | bond that secures the appearance of an indigent defendant at all |
71 | court proceedings if the court establishes a bail bond amount |
72 | for the indigent defendant. |
73 | Section 2. This act shall take effect October 1, 2011. |