Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 1808
       
       
       
       
       
       
                                Ì582390)Î582390                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/02/2022 07:04 PM       .                                
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       Senator Bean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 28
    4  insert:
    5         Section 1. Paragraphs (a), (d), and (e) of subsection (3)
    6  of section 900.05, Florida Statutes, are amended to read:
    7         900.05 Criminal justice data collection.—
    8         (3) DATA COLLECTION AND REPORTING.—An entity required to
    9  collect data in accordance with this subsection shall collect
   10  the specified data and report them in accordance with this
   11  subsection to the Department of Law Enforcement on a monthly
   12  basis.
   13         (a) Clerk of the court.—Each clerk of court shall collect
   14  the following data for each criminal case:
   15         1. Case number.
   16         2. Date that the alleged offense occurred.
   17         3. Date the defendant is taken into physical custody by a
   18  law enforcement agency or is issued a notice to appear on a
   19  criminal charge.
   20         4. Whether the case originated by notice to appear.
   21         5. Date that the criminal prosecution of a defendant is
   22  formally initiated.
   23         6. Arraignment date.
   24         7. Attorney appointment date.
   25         8. Attorney withdrawal date.
   26         9. Case status.
   27         10. Charge disposition.
   28         11. Disposition date and disposition type.
   29         12. Information related to each defendant, including:
   30         a. Identifying information, including name, known aliases,
   31  date of birth, race, ethnicity, and gender.
   32         b. Zip code of last known address.
   33         c. Primary language.
   34         d. Citizenship.
   35         e. Immigration status, if applicable.
   36         f. Whether the defendant has been found to be indigent
   37  under s. 27.52.
   38         13. Information related to the charges filed against the
   39  defendant, including:
   40         a. Charge description.
   41         b. Charge modifier description and statute, if applicable.
   42         c. Drug type for each drug charge, if known.
   43         d. Qualification for a flag designation as defined in this
   44  section, including a domestic violence flag, gang affiliation
   45  flag, sexual offender flag, habitual offender flag, habitual
   46  violent felony offender flag, pretrial release violation flag,
   47  prison releasee reoffender flag, three-time violent felony
   48  offender flag, or violent career criminal flag.
   49         14. Information related to bail or bond and pretrial
   50  release determinations, including the dates of any such
   51  determinations:
   52         a. Pretrial release determination made at a first
   53  appearance hearing that occurs within 24 hours of arrest,
   54  including any monetary and nonmonetary conditions of release.
   55         b. Modification of bail or bond conditions made by a court
   56  having jurisdiction to try the defendant or, in the absence of
   57  the judge of the trial court, by the circuit court, including
   58  modifications to any monetary and nonmonetary conditions of
   59  release.
   60         c. Cash bail or bond payment, including whether the
   61  defendant utilized a bond agent to post a surety bond.
   62         d. Date defendant is released on bail, bond, or pretrial
   63  release for the current case.
   64         e. Bail or bond revocation due to a new offense, a failure
   65  to appear, or a violation of the terms of bail or bond, if
   66  applicable.
   67         15. Information related to court dates and dates of motions
   68  and appearances, including:
   69         a. Date of any court appearance and the type of proceeding
   70  scheduled for each date reported.
   71         b. Date of any failure to appear in court, if applicable.
   72         c. Deferred prosecution or pretrial diversion hearing, if
   73  applicable.
   74         d. Each scheduled trial date.
   75         e. Date that a defendant files a notice to participate in
   76  discovery.
   77         f. Speedy trial motion date and each hearing date, if
   78  applicable.
   79         g. Dismissal motion date and each hearing date, if
   80  applicable.
   81         16. Defense attorney type.
   82         17. Information related to sentencing, including:
   83         a. Date that a court enters a sentence against a defendant.
   84         b. Charge sentenced to, including charge sequence number,
   85  and charge description.
   86         c. Sentence type and length imposed by the court in the
   87  current case, reported in years, months, and days, including,
   88  but not limited to, the total duration of incarceration in a
   89  county detention facility or state correctional institution or
   90  facility, and conditions of probation or community control
   91  supervision.
   92         d. Amount of time served in custody by the defendant
   93  related to each charge that is credited at the time of
   94  disposition of the charge to reduce the imposed length of time
   95  the defendant will serve on the term of incarceration that is
   96  ordered by the court at disposition.
   97         e. Total amount of court costs imposed by the court at the
   98  disposition of the case.
   99         f. Total amount of fines imposed by the court at the
  100  disposition of the case.
  101         g. Restitution amount ordered at sentencing.
  102         18. The sentencing judge or magistrate, or their
  103  equivalent.
  104         (d) County detention facility.—The administrator of each
  105  county detention facility shall collect the following data:
  106         1. Maximum capacity for the county detention facility.
  107         2. Weekly admissions to the county detention facility for a
  108  revocation of probation or community control.
  109         3. Weekly admissions to the county detention facility for a
  110  revocation of pretrial release.
  111         4. Daily population of the county detention facility,
  112  including the specific number of inmates in the custody of the
  113  county that:
  114         a. Are awaiting case disposition.
  115         b. Have been sentenced by a court to a term of
  116  incarceration in the county detention facility.
  117         c. Have been sentenced by a court to a term of imprisonment
  118  with the Department of Corrections and who are awaiting
  119  transportation to the department.
  120         d. Have a federal detainer, are awaiting disposition of a
  121  case in federal court, or are awaiting other federal
  122  disposition.
  123         5. Information related to each inmate, including:
  124         a. Identifying information, including name, date of birth,
  125  race, ethnicity, gender, case number, and identification number
  126  assigned by the county detention facility.
  127         b.Immigration status.
  128         c.b. Date when an inmate is processed and booked into the
  129  county detention facility subsequent to an arrest for a new
  130  violation of law, for a violation of probation or community
  131  control, or for a violation of pretrial release.
  132         d.c. Reason why an inmate is processed and booked into the
  133  county detention facility, including a new law violation, a
  134  violation of probation or community control, or a violation of
  135  pretrial release.
  136         e.d. Qualification for a flag designation as defined in
  137  this section, including domestic violence flag, gang affiliation
  138  flag, habitual offender flag, habitual violent felony offender
  139  flag, pretrial release violation flag, sexual offender flag,
  140  prison releasee reoffender flag, three-time violent felony
  141  offender flag, or violent career criminal flag.
  142         6. Total population of the county detention facility at
  143  year-end. This data must include the same specified
  144  classifications as subparagraph 4.
  145         7. Per diem rate for a county detention facility bed.
  146         8. Daily number of correctional officers for the county
  147  detention facility.
  148         9. Annual county detention facility budget. This
  149  information only needs to be reported once annually at the
  150  beginning of the county’s fiscal year.
  151         10. Annual revenue generated for the county from the
  152  temporary incarceration of federal defendants or inmates.
  153         (e) Department of Corrections.—The Department of
  154  Corrections shall collect the following data:
  155         1. Information related to each inmate, including:
  156         a. Identifying information, including name, date of birth,
  157  race, ethnicity, gender, case number, and identification number
  158  assigned by the department.
  159         b.Immigration status.
  160         c.b. Highest education level.
  161         d.c. Date the inmate was admitted to the custody of the
  162  department for his or her current incarceration.
  163         e.d. Current institution placement and the security level
  164  assigned to the institution.
  165         f.e. Custody level assignment.
  166         g.f. Qualification for a flag designation as defined in
  167  this section, including sexual offender flag, habitual offender
  168  flag, habitual violent felony offender flag, prison releasee
  169  reoffender flag, three-time violent felony offender flag,
  170  violent career criminal flag, gang affiliation flag, or
  171  concurrent or consecutive sentence flag.
  172         h.g. County that committed the prisoner to the custody of
  173  the department.
  174         i.h. Whether the reason for admission to the department is
  175  for a new conviction or a violation of probation, community
  176  control, or parole. For an admission for a probation, community
  177  control, or parole violation, the department shall report
  178  whether the violation was technical or based on a new violation
  179  of law.
  180         j.i. Specific statutory citation for which the inmate was
  181  committed to the department, including, for an inmate convicted
  182  of drug trafficking under s. 893.135, the statutory citation for
  183  each specific drug trafficked.
  184         k.j. Length of sentence served.
  185         l.k. Length of concurrent or consecutive sentences served.
  186         m.l. Tentative release date.
  187         n.m. Gain time earned in accordance with s. 944.275.
  188         o.n. Prior incarceration within the state.
  189         p.o. Disciplinary violation and action.
  190         q.p. Participation in rehabilitative or educational
  191  programs while in the custody of the department.
  192         r.q. Digitized sentencing scoresheet prepared in accordance
  193  with s. 921.0024.
  194         2. Information about each state correctional institution or
  195  facility, including:
  196         a. Budget for each state correctional institution or
  197  facility.
  198         b. Daily prison population of all inmates incarcerated in a
  199  state correctional institution or facility.
  200         c. Daily number of correctional officers for each state
  201  correctional institution or facility.
  202         3. Information related to persons supervised by the
  203  department on probation or community control, including:
  204         a. Identifying information for each person supervised by
  205  the department on probation or community control, including his
  206  or her name, date of birth, race, ethnicity, gender, case
  207  number, and department-assigned case number.
  208         b.Immigration status.
  209         c.b. Length of probation or community control sentence
  210  imposed and amount of time that has been served on such
  211  sentence.
  212         d.c. Projected termination date for probation or community
  213  control.
  214         e.d. Revocation of probation or community control due to a
  215  violation, including whether the revocation is due to a
  216  technical violation of the conditions of supervision or from the
  217  commission of a new law violation.
  218         4. Per diem rates for:
  219         a. Prison bed.
  220         b. Probation.
  221         c. Community control.
  222  
  223  This information only needs to be reported once annually at the
  224  time the most recent per diem rate is published.
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227  And the title is amended as follows:
  228         Between lines 2 and 3
  229  insert:
  230         s. 900.05, F.S.; revising the type of data required to
  231         be reported by the clerk of the court, county
  232         detention facilities, and the Department of
  233         Corrections as part of criminal justice data
  234         collection; amending