Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 372 Barcode 217026 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Evers) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Eligibility criteria for government-funded 7 pretrial release.— 8 (1) It is the policy of this state that only defendants who 9 are indigent and therefore qualify for representation by the 10 public defender are eligible for government-funded pretrial 11 release. Further, it is the policy of this state that, to the 12 greatest extent possible, the resources of the private sector be 13 used to assist in the pretrial release of defendants. It is the 14 intent of the Legislature that this section not be interpreted 15 to limit the discretion of courts with respect to ordering 16 reasonable conditions for pretrial release for any defendant. 17 However, it is the intent of the Legislature that government 18 funded pretrial release be ordered only as an alternative to 19 release on a defendant’s own recognizance or release by the 20 posting of a surety bond. 21 (2) A pretrial release program established by an ordinance 22 of the county commission, an administrative order of the court, 23 or by any other means in order to assist in the release of 24 defendants from pretrial custody is subject to the eligibility 25 criteria set forth in this section. These eligibility criteria 26 supersede and preempt all conflicting local ordinances, orders, 27 or practices. Each pretrial release program shall certify 28 annually, in writing, to the chief circuit court judge, that it 29 has complied with the reporting requirements of s. 907.043(4), 30 Florida Statutes. 31 (3) A defendant is eligible to receive government-funded 32 pretrial release only by order of the court after the court 33 finds in writing upon consideration of the defendant’s affidavit 34 of indigence that the defendant is indigent or partially 35 indigent as set forth in Rule 3.111, Florida Rules of Criminal 36 Procedure, and that the defendant has not previously failed to 37 appear at any required court proceeding. A defendant may not 38 receive a government-funded pretrial release if the defendant’s 39 income is above 300 percent of the then-current federal poverty 40 guidelines prescribed for the size of the household of the 41 defendant by the United States Department of Health and Human 42 Services, unless the defendant is receiving Temporary Assistance 43 for Needy Families-Cash Assistance, poverty-related veterans’ 44 benefits, Supplemental Security Income (SSI), food stamps, or 45 Medicaid. 46 (4) If a defendant seeks to post a surety bond pursuant to 47 a bond schedule established by administrative order as an 48 alternative to government-funded pretrial release, the defendant 49 shall be permitted to do so without any interference or 50 restriction by a pretrial release program. 51 (5) This section does not prohibit the court from: 52 (a) Releasing a defendant on the defendant’s own 53 recognizance. 54 (b) Imposing upon the defendant any additional reasonable 55 condition of release as part of release on the defendant’s own 56 recognizance or the posting of a surety bond upon a finding of 57 need in the interest of public safety, including, but not 58 limited to, electronic monitoring, drug testing, substance abuse 59 treatment, or attending a batterers’ intervention program. 60 (6) In lieu of using a government-funded program to ensure 61 the court appearance of any defendant, a county may reimburse a 62 licensed surety agent for the premium costs of a surety bail 63 bond that secures the appearance of an indigent defendant at all 64 court proceedings if the court establishes a bail bond amount 65 for the indigent defendant. 66 Section 2. This act shall take effect October 1, 2011. 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 Delete everything before the enacting clause 71 and insert: 72 A bill to be entitled 73 An act relating to pretrial programs; providing state 74 policy and legislative intent; requiring each pretrial 75 release program established by ordinance of a county 76 commission, by administrative order of a court, or by 77 any other means in order to assist in the release of a 78 defendant from pretrial custody to conform to the 79 eligibility criteria set forth in the act; preempting 80 any conflicting local ordinances, orders, or 81 practices; requiring that the defendant satisfy 82 certain eligibility criteria in order to be assigned 83 to a pretrial release program; providing that the act 84 does not prohibit a court from releasing a defendant 85 on the defendant’s own recognizance or imposing any 86 other reasonable condition of release on the 87 defendant; authorizing a county to reimburse a 88 licensed surety agent for the premium costs of a bail 89 bond for the pretrial release of an indigent defendant 90 under certain circumstances; providing an effective 91 date.