Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1334
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Brandes) recommended the
    1         Senate Amendment 
    3         Delete lines 783 - 865
    4  and insert:
    5  classify defendants according to the likelihood of failure to
    6  appear at subsequent hearings or to engage in criminal conduct
    7  while awaiting trial provides a more consistent and accurate
    8  assessment of a defendant’s risk of noncompliance while on
    9  pretrial release pending trial. The Legislature also finds that
   10  research indicates that using accurate risk and needs assessment
   11  instruments ensures successful compliance with pretrial release
   12  conditions imposed on a defendant and reduces the likelihood of
   13  a defendant remaining unnecessarily in custody pending trial.
   14         (2) The chief judge of each judicial circuit, with the
   15  concurrence of the county’s chief correctional officer, the
   16  state attorney, and the public defender, may enter an
   17  administrative order to administer a risk assessment instrument
   18  in preparation for first appearance or may enter such an order
   19  within 72 hours after arrest so that the instrument may be used
   20  in pretrial release determinations. The risk assessment
   21  instrument must be objective, standardized, and based on
   22  analysis of empirical data and risk factors relevant to failure
   23  to meet pretrial release conditions which evaluates the
   24  likelihood of failure to appear in court and the likelihood of
   25  rearrest during the pretrial release period and which is
   26  validated on the pretrial population.
   27         (3)(a)The risk assessment instrument results must be used
   28  as supplemental factors for the court to consider when
   29  determining the appropriateness of first appearance pretrial
   30  release and, if applicable, the conditions of release which are
   31  appropriate based on predicted level of risk and the risk of
   32  failure to meet pretrial release conditions. Based on the risk
   33  assessment instrument results, the court shall impose the least
   34  restrictive conditions necessary to reasonably ensure that the
   35  defendant will be present at subsequent hearings.
   36         (b) A court that uses the results from a risk assessment
   37  instrument in first appearance pretrial release determinations
   38  retains sole discretion to impose any pretrial conditions it
   39  deems necessary to ensure the defendant’s appearance at
   40  subsequent hearings.
   41         (4) A circuit that intends to use a risk assessment
   42  instrument in pretrial release determinations must have the
   43  instrument independently validated by the Department of
   44  Corrections. A circuit may begin to use the instrument in
   45  pretrial release determinations immediately after its validation
   46  and the completion of training of all local staff who will
   47  administer the risk assessment instrument.
   48         (5)(a) Each circuit that establishes an administrative
   49  order for the use of risk assessment instruments in first
   50  appearance pretrial release determinations shall provide an
   51  annual report to the Office of Program Policy Analysis and
   52  Government Accountability (OPPAGA) which details:
   53         1. The risk assessment instrument used;
   54         2. The results of the administration of the risk assessment
   55  instrument, including the results of defendants who were
   56  detained in custody awaiting trial and those who were released
   57  from custody awaiting trial;
   58         3. The frequency with which released defendants failed to
   59  appear at one or more subsequent court hearings; and
   60         4. The level of risk determined in the risk assessment
   61  instrument associated with a defendant who failed to appear for
   62  any court hearing.
   63         (b) Beginning October 1, 2020, and by each October 1
   64  thereafter, the annual report from each circuit must be
   65  submitted to OPPAGA, which shall compile the results of such
   66  reports for inclusion in an independent section of its annual
   67  report developed and submitted to the President of the Senate
   68  and the Speaker of the House of Representatives in accordance
   69  with s. 907.044.
   70         (6) The department may adopt rules to administer this
   71  section.
   72         Section 10. Paragraph (d) is added to subsection (1) of
   73  section 945.091, Florida Statutes, to read:
   74         945.091 Extension of the limits of confinement; restitution
   75  by employed inmates.—
   76         (1) The department may adopt rules permitting the extension
   77  of the limits of the place of confinement of an inmate as to
   78  whom there is reasonable cause to believe that the inmate will
   79  honor his or her trust by authorizing the inmate, under
   80  prescribed conditions and following investigation and approval
   81  by the secretary, or the secretary’s designee, who shall
   82  maintain a written record of such action, to leave the confines
   83  of that place unaccompanied by a custodial agent for a
   84  prescribed period of time to:
   85         (d) Participate in supervised community release as
   86  prescribed by the department by rule. The inmate’s participation
   87  may begin 180 days before his or her provisional or tentative