1 | Representative Dorworth offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 300 and 301, insert: |
5 | Section 25. Eligibility criteria for government-funded |
6 | pretrial release.- |
7 | (1) It is the policy of this state that only defendants |
8 | who are indigent and therefore qualify for representation by the |
9 | public defender are eligible for government-funded pretrial |
10 | release. Further, it is the policy of this state that, to the |
11 | greatest extent possible, the resources of the private sector be |
12 | used to assist in the pretrial release of defendants. It is the |
13 | intent of the Legislature that this section not be interpreted |
14 | to limit the discretion of courts with respect to ordering |
15 | reasonable conditions for pretrial release for any defendant. |
16 | However, it is the intent of the Legislature that government- |
17 | funded pretrial release be ordered only as an alternative to |
18 | release on a defendant's own recognizance or release by the |
19 | posting of a surety bond. |
20 | (2) A pretrial release program established by an ordinance |
21 | of the county commission, an administrative order of the court, |
22 | or by any other means in order to assist in the release of |
23 | defendants from pretrial custody is subject to the eligibility |
24 | criteria set forth in this section. These eligibility criteria |
25 | supersede and preempt all conflicting local ordinances, orders, |
26 | or practices. Each pretrial release program shall certify |
27 | annually, in writing, to the chief circuit court judge, that it |
28 | has complied with the reporting requirements of s. 907.043(4), |
29 | Florida Statutes. |
30 | (3) A defendant is eligible to receive government-funded |
31 | pretrial release only by order of the court after the court |
32 | finds in writing upon consideration of the defendant's affidavit |
33 | of indigence that the defendant is indigent or partially |
34 | indigent as set forth in Rule 3.111, Florida Rules of Criminal |
35 | Procedure, and that the defendant has not previously failed to |
36 | appear at any required court proceeding. A defendant may not |
37 | receive a government-funded pretrial release if the defendant's |
38 | income is above 300 percent of the then-current federal poverty |
39 | guidelines prescribed for the size of the household of the |
40 | defendant by the United States Department of Health and Human |
41 | Services, unless the defendant is receiving Temporary Assistance |
42 | for Needy Families-Cash Assistance, poverty-related veterans' |
43 | benefits, Supplemental Security Income (SSI), food stamps, or |
44 | Medicaid. |
45 | (4) If a defendant seeks to post a surety bond pursuant to |
46 | a bond schedule established by administrative order as an |
47 | alternative to government-funded pretrial release, the defendant |
48 | shall be permitted to do so without any interference or |
49 | restriction by a pretrial release program. |
50 | (5) This section does not prohibit the court from: |
51 | (a) Releasing a defendant on the defendant's own |
52 | recognizance. |
53 | (b) Imposing upon the defendant any additional reasonable |
54 | condition of release as part of release on the defendant's own |
55 | recognizance or the posting of a surety bond upon a finding of |
56 | need in the interest of public safety, including, but not |
57 | limited to, electronic monitoring, drug testing, or substance |
58 | abuse treatment. |
59 | (6) In lieu of using a government-funded program to ensure |
60 | the court appearance of any defendant, a county may reimburse a |
61 | licensed surety agent for the premium costs of a surety bail |
62 | bond that secures the appearance of an indigent defendant at all |
63 | court proceedings if the court establishes a bail bond amount |
64 | for the indigent defendant. |
65 | (7) A defendant who is not otherwise eligible for |
66 | government-funded pretrial release under subsection (3) is |
67 | eligible for government-funded pretrial release 48 hours after |
68 | the defendant's arrest. |
69 | (8) The income eligibility limitations applicable to |
70 | government-funded pretrial release programs apply only to those |
71 | counties with a population equal to or greater than 350,000 |
72 | persons. |
73 | (9) This section does not prohibit a law enforcement |
74 | officer or a code enforcement officer authorized under s. |
75 | 162.23, Florida Statutes, from issuing a notice to appear in |
76 | lieu of jail. |
77 |
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78 | ----------------------------------------------------- |
79 | T I T L E A M E N D M E N T |
80 | Between lines 59 and 60, insert: |
81 | requiring each pretrial release program established by ordinance |
82 | of a county commission, by administrative order of a court, or |
83 | by any other means in order to assist in the release of a |
84 | defendant from pretrial custody to conform to the eligibility |
85 | criteria set forth in the act; preempting any conflicting local |
86 | ordinances, orders, or practices; requiring that the defendant |
87 | satisfy certain eligibility criteria in order to be assigned to |
88 | a pretrial release program; providing that the act does not |
89 | prohibit a court from releasing a defendant on the defendant's |
90 | own recognizance or imposing any other reasonable condition of |
91 | release on the defendant; authorizing a county to reimburse a |
92 | licensed surety agent for the premium costs of a bail bond for |
93 | the pretrial release of an indigent defendant under certain |
94 | circumstances; providing that a defendant who is not otherwise |
95 | eligible for government-funded pretrial release becomes eligible |
96 | for government-funded pretrial release 48 hours after the |
97 | defendant's arrest; providing that the income eligibility |
98 | limitations applicable to government-funded pretrial release |
99 | programs apply only to certain specified counties; providing |
100 | that the act does not prohibit a law enforcement officer or a |
101 | code enforcement officer from issuing a notice to appear in |
102 | certain conditions; |