Bill Amendment: FL S1534 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Pretrial Release and Detention
Status: 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1627 (Ch. 2023-27) [S1534 Detail]
Download: Florida-2023-S1534-Senate_Committee_Substitue_Amendment_227786_Amendment_Delete_All_118746_.html
Bill Title: Pretrial Release and Detention
Status: 2023-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1627 (Ch. 2023-27) [S1534 Detail]
Download: Florida-2023-S1534-Senate_Committee_Substitue_Amendment_227786_Amendment_Delete_All_118746_.html
Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1534 Ì227786XÎ227786 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Martin) recommended the following: 1 Senate Substitute for Amendment (118746) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsections (4), (5), and (6) are added to 7 section 903.011, Florida Statutes, to read: 8 903.011 Pretrial release“Bail” and “bond” defined; general 9 terms; statewide uniform bond schedule.— 10 (4) Except as authorized in subsection (5), only a judge 11 may set, reduce, or otherwise alter a defendant’s bail. Upon 12 motion by a defendant, or on the court’s own motion, a court may 13 reconsider the monetary component of a defendant’s bail if he or 14 she is unable to post a monetary bond. 15 (5)(a) Beginning January 1, 2024, and annually thereafter, 16 the Supreme Court must adopt a uniform statewide bond schedule 17 for criminal offenses not described in subsection (6) for which 18 a person may be released on bail before and in lieu of his or 19 her first appearance hearing or bail determination. The Supreme 20 Court must make the revised uniform statewide bond schedule 21 available to each judicial circuit. 22 (b) Except as provided in paragraph (c), the chief judge of 23 a judicial circuit may not establish a local bond schedule that 24 sets a lower bond amount than that required by the uniform 25 statewide bond schedule for the purpose of setting a defendant’s 26 bail before a first appearance hearing or bail determination. 27 (c) The chief judge of a judicial circuit may petition the 28 Supreme Court for approval of a local bond schedule that sets a 29 lower bond amount than that required by the uniform statewide 30 bond schedule. If the Supreme Court reviews and approves the 31 local bond schedule, such schedule may be used for the purpose 32 of setting a defendant’s bail before a first appearance hearing 33 or bail determination pending the adoption of a new or revised 34 uniform statewide bond schedule pursuant to paragraph (a). 35 (d) The chief judge of a judicial circuit may establish a 36 local bond schedule that increases the monetary bond applicable 37 to an offense that is included in the uniform statewide bond 38 schedule adopted by the Supreme Court. Such a deviation from the 39 uniform statewide bond schedule does not require approval by the 40 Supreme Court. 41 (e) In adopting the uniform statewide bond schedule or 42 reviewing a petition for a local bond schedule that deviates 43 from the uniform statewide bond schedule, the Florida Supreme 44 Court shall evaluate the amount of monetary bond necessary to 45 protect the community from risk of physical harm, to assure the 46 presence of the accused at trial, and to protect the integrity 47 of the judicial process. 48 (f) The uniform statewide bond schedule shall not bind a 49 judge in an individual case who is conducting a first appearance 50 hearing or bail determination. 51 (6) A person may not be released before his or her first 52 appearance hearing or bail determination and a judge must 53 determine the appropriate bail, if any, based on an 54 individualized consideration of the criteria in s. 903.046(2), 55 if the person meets any of the following criteria: 56 (a) The person was, at the time of arrest for any felony, 57 on pretrial release, probation, or community control in this 58 state or any other state; 59 (b) The person was, at the time of arrest, designated as a 60 sexual offender or sexual predator in this state or any other 61 state; 62 (c) The person was arrested for violating a protective 63 injunction; 64 (d) The person was, at the time of arrest, on release from 65 supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 66 944.4731; 67 (e) The person has, at any time before the current arrest, 68 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a 69 prison releasee reoffender, habitual violent felony offender, 70 three-time violent felony offender, or violent career criminal; 71 (f) The person has been arrested three or more times in the 72 12 months immediately preceding his or her arrest for the 73 current offense; or 74 (g) The person’s current offense of arrest is for one or 75 more of the following crimes: 76 1. A capital felony, life felony, felony of the first 77 degree, or felony of the second degree; 78 2. A homicide under chapter 782; or any attempt, 79 solicitation, or conspiracy to commit a homicide; 80 3. Assault in furtherance of a riot or an aggravated riot; 81 felony battery; domestic battery by strangulation; domestic 82 violence, as defined in s. 741.28; stalking; mob intimidation; 83 assault or battery on a law enforcement officer; assault or 84 battery on juvenile probation officer, or other staff of a 85 detention center or commitment facility, or a staff member of a 86 commitment facility, or health services personnel; assault or 87 battery on a person 65 years of age or older; robbery; burglary; 88 carjacking; or resisting an officer with violence; 89 4. Kidnapping, false imprisonment, human trafficking, or 90 human smuggling; 91 5. Possession of a firearm or ammunition by a felon, 92 violent career criminal, or person subject to an injunction 93 against committing acts of domestic violence, stalking, or 94 cyberstalking; 95 6. Sexual battery; indecent, lewd, or lascivious touching; 96 exposure of sexual organs; incest; luring or enticing a child; 97 or child pornography; 98 7. Abuse, neglect, or exploitation of an elderly person or 99 disabled adult; 100 8. Child abuse or aggravated child abuse; 101 9. Arson; riot, aggravated riot, inciting a riot, or 102 aggravated inciting a riot; or a burglary or theft during a 103 riot; 104 10. Escape; tampering or retaliating against a witness, 105 victim, or informant; destruction of evidence; or tampering with 106 a jury; 107 11. Any offense committed for the purpose of benefitting, 108 promoting, or furthering the interests of a criminal gang; 109 12. Trafficking in a controlled substance, including 110 conspiracy to engage in trafficking in a controlled substance; 111 13. Racketeering; or 112 14. Failure to appear at required court proceedings while 113 on bail. 114 Section 2. Paragraph (c) of subsection (1) of section 115 903.047, Florida Statutes, is amended to read: 116 903.047 Conditions of pretrial release.— 117 (1) As a condition of pretrial release, whether such 118 release is by surety bail bond or recognizance bond or in some 119 other form, the defendant must: 120 (c) Comply with all conditions of pretrial release imposed 121 by the court. A court must consider s. 903.046(2) when 122 determining whether to impose nonmonetary conditions in addition 123 to or in lieu of monetary bond. Such nonmonetary conditions may 124 include, but are not limited to, requiring a defendant to: 125 1. Maintain employment, or, if unemployed, actively seek 126 employment. 127 2. Maintain or commence an educational program. 128 3. Abide by specified restrictions on personal 129 associations, place of residence, or travel. 130 4. Report on a regular basis to a designated law 131 enforcement agency, pretrial services agency, or other agency. 132 5. Comply with a specified curfew. 133 6. Refrain from possessing a firearm, destructive device, 134 or other dangerous weapon. 135 7. Refrain from excessive use of alcohol, or any use of a 136 narcotic drug or other controlled substance without a 137 prescription from a licensed medical practitioner. 138 8. Undergo available medical, psychological, psychiatric, 139 mental health, or substance abuse evaluation and follow all 140 recommendations, including treatment for drug or alcohol 141 dependency, and remain in a specified institution, if required 142 for that purpose. 143 9. Return to custody for specified hours following release 144 for employment, school, or other limited purposes. 145 10. Any other condition that is reasonably necessary to 146 assure the appearance of the defendant at subsequent proceedings 147 and to protect the community against unreasonable danger of 148 harm. 149 Section 3. Section 903.0471, Florida Statutes, is amended 150 to read: 151 903.0471 Violation of condition of pretrial release. 152 Notwithstanding s. 907.041, a court may, on its own motion, 153 revoke pretrial release and order pretrial detention if the 154 court finds probable cause to believe that the defendant 155 committed a new crime while on pretrial release or violated any 156 other condition of pretrial release in a material respect. 157 Section 4. Subsection (4) of section 907.041, Florida 158 Statutes, is amended to read: 159 907.041 Pretrial detention and release.— 160 (4) PRETRIAL DETENTION.— 161 (a) As used in this subsection, “dangerous crime” means any 162 of the following: 163 1. Arson; 164 2. Aggravated assault; 165 3. Aggravated battery; 166 4. Illegal use of explosives; 167 5. Child abuse or aggravated child abuse; 168 6. Abuse of an elderly person or disabled adult, or 169 aggravated abuse of an elderly person or disabled adult; 170 7. Aircraft piracy; 171 8. Kidnapping; 172 9. Homicide; 173 10. Manslaughter, including DUI manslaughter and BUI 174 manslaughter; 175 11. Sexual battery; 176 12. Robbery; 177 13. Carjacking; 178 14. Lewd, lascivious, or indecent assault or act upon or in 179 presence of a child under the age of 16 years; 180 15. Sexual activity with a child, who is 12 years of age or 181 older but less than 18 years of age, by or at solicitation of 182 person in familial or custodial authority; 183 16. Burglary of a dwelling; 184 17. Stalking and aggravated stalking; 185 18. Act of domestic violence as defined in s. 741.28; 186 19. Home invasion robbery; 187 20. Act of terrorism as defined in s. 775.30; 188 21. Manufacturing any substances in violation of chapter 189 893; 190 22. Attempting or conspiring to commit any such crime;and191 23. Human trafficking; 192 24. Trafficking in any controlled substance described in s. 193 893.135(1)(c)4.; 194 25. Extortion in violation of s. 836.05; and 195 26. Written threats to kill in violation of s. 836.10. 196 (b) ANoperson arrested forcharged witha dangerous crime 197 may notshallbe granted nonmonetary pretrial release at a first 198 appearance hearing if the court has determined there is probable 199 cause to believe the person has committed the offense; however,200the court shall retain the discretion to release an accused on201electronic monitoring or on recognizance bond if the findings on202the record of facts and circumstances warrant such a release. 203 (c) Upon motion by the state attorney, the court may order 204 pretrial detention if it finds a substantial probability, based 205 on a defendant’s past and present patterns of behavior, the 206 criteria in s. 903.046, and any other relevant facts, that any 207 of the following circumstances exist: 208 1. The defendant has previously violated conditions of 209 release and that no further conditions of release are reasonably 210 likely to assure the defendant’s appearance at subsequent 211 proceedings; 212 2. The defendant, with the intent to obstruct the judicial 213 process, has threatened, intimidated, or injured any victim, 214 potential witness, juror, or judicial officer, or has attempted 215 or conspired to do so, and that no condition of release will 216 reasonably prevent the obstruction of the judicial process; 217 3. The defendant is charged with trafficking in controlled 218 substances as defined by s. 893.135, that there is a substantial 219 probability that the defendant has committed the offense, and 220 that no conditions of release will reasonably assure the 221 defendant’s appearance at subsequent criminal proceedings; 222 4. The defendant is charged with DUI manslaughter, as 223 defined by s. 316.193, and that there is a substantial 224 probability that the defendant committed the crime and that the 225 defendant poses a threat of harm to the community; conditions 226 that would support a finding by the court pursuant to this 227 subparagraph that the defendant poses a threat of harm to the 228 community include, but are not limited to, any of the following: 229 a. The defendant has previously been convicted of any crime 230 under s. 316.193, or of any crime in any other state or 231 territory of the United States that is substantially similar to 232 any crime under s. 316.193; 233 b. The defendant was driving with a suspended driver 234 license when the charged crime was committed; or 235 c. The defendant has previously been found guilty of, or 236 has had adjudication of guilt withheld for, driving while the 237 defendant’s driver license was suspended or revoked in violation 238 of s. 322.34; 239 5. The defendant poses the threat of harm to the community. 240 The court may so conclude, if it finds that the defendant is 241 presently charged with a dangerous crime, that there is a 242 substantial probability that the defendant committed such crime, 243 that the factual circumstances of the crime indicate a disregard 244 for the safety of the community, and that there are no 245 conditions of release reasonably sufficient to protect the 246 community from the risk of physical harm to persons; 247 6. The defendant was on probation, parole, or other release 248 pending completion of sentence or on pretrial release for a 249 dangerous crime at the time the current offense was committed; 250 7. The defendant has violated one or more conditions of 251 pretrial release or bond for the offense currently before the 252 court and the violation, in the discretion of the court, 253 supports a finding that no conditions of release can reasonably 254 protect the community from risk of physical harm to persons or 255 assure the presence of the accused at trial; or 256 8.a. The defendant has ever been sentenced pursuant to s. 257 775.082(9) or s. 775.084 as a prison releasee reoffender, 258 habitual violent felony offender, three-time violent felony 259 offender, or violent career criminal, or the state attorney 260 files a notice seeking that the defendant be sentenced pursuant 261 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender, 262 habitual violent felony offender, three-time violent felony 263 offender, or violent career criminal; 264 b. There is a substantial probability that the defendant 265 committed the offense; and 266 c. There are no conditions of release that can reasonably 267 protect the community from risk of physical harm or ensure the 268 presence of the accused at trial. 269 (d) If a defendant is arrested for a dangerous crime that 270 is a capital felony, a life felony, or a felony of the first 271 degree, and the court determines there is probable cause to 272 believe the defendant committed the offense, the state attorney, 273 or the court on its own motion, shall motion for pretrial 274 detention. If the court finds a substantial probability that the 275 defendant committed the offense and, based on the defendant’s 276 past and present patterns of behavior, consideration of the 277 criteria in s. 903.046, and any other relevant facts, that no 278 conditions of release or bail will reasonably protect the 279 community from risk of physical harm, ensure the presence of the 280 defendant at trial, or assure the integrity of the judicial 281 process, the court must order pretrial detention. 282 (e)(d)When a person charged with a crime for which 283 pretrial detention could be ordered is arrested, the arresting 284 agency shall promptly notify the state attorney of the arrest 285 and shall provide the state attorney with such information as 286 the arresting agency has obtained relative to: 287 1. The nature and circumstances of the offense charged; 288 2. The nature of any physical evidence seized and the 289 contents of any statements obtained from the defendant or any 290 witness; 291 3. The defendant’s family ties, residence, employment, 292 financial condition, and mental condition; and 293 4. The defendant’s past conduct and present conduct, 294 including any record of convictions, previous flight to avoid 295 prosecution, or failure to appear at court proceedings. 296 (f)(e)When a person charged with a crime for which 297 pretrial detention could be ordered is arrested, the arresting 298 agency may detain such defendant, prior to his or her first 299 appearance hearing or prior to the filing by the state attorney 300 of a motion seeking pretrial detention, for a period not to 301 exceed 24 hours. 302 (g)1.(f)If a motion for pretrial detention is required 303 under paragraph (d), the pretrial detention hearing mustshall304 be held within 5 days after the defendant’s first appearance 305 hearing or, if there is no first appearance hearing, within 5 306 days after the defendant’s arraignmentof the filing by the307state attorney of a complaint to seek pretrial detention. 308 2. If a state attorney files a motion for pretrial 309 detention under paragraph (c), the pretrial detention hearing 310 must be held within 5 days after the filing of such motion. 311 3. The defendant may request a continuance of a pretrial 312 detention hearing. No continuance shall be for longer than 5 313 days unless there are extenuating circumstances.The defendant314may be detained pending the hearing.The state attorney shall be 315 entitled to one continuance for good cause. 316 4. The defendant may be detained pending the completion of 317 the pretrial detention hearing. If a defendant is released on 318 bail pending a pretrial detention hearing under paragraph (d), 319 the court must inform the defendant that if he or she uses a 320 surety bond to meet the monetary component of pretrial release 321 and the motion for pretrial detention is subsequently granted, 322 the defendant will not be entitled to the return of the premium 323 on such surety bond. 324 (h)(g)The state attorney has the burden of showing the 325 need for pretrial detention. 326 (i)(h)The defendant is entitled to be represented by 327 counsel, to present witnesses and evidence, and to cross-examine 328 witnesses. The rules concerning admissibility of evidence in 329 criminal trials do not apply to the presentation and 330 consideration of evidence at the detention hearingThe court may331admit relevant evidence without complying with the rules of332evidence, but evidence secured in violation of the United States 333 Constitution or the Constitution of the State of Florida shall 334 not be admissible. No testimony by the defendant shall be 335 admissible to prove guilt at any other judicial proceeding, but 336 such testimony may be admitted in an action for perjury, based 337 upon the defendant’s statements made at the pretrial detention 338 hearing, or for impeachment. 339 (j) A party may motion for a pretrial detention order to be 340 reconsidered at any time before a defendant’s trial if the judge 341 finds that information exists that was not known to the party 342 moving for reconsideration at the time of the pretrial detention 343 hearing and that such information has a material bearing on 344 determining whether there are conditions of release or bail that 345 will reasonably assure the appearance of the defendant as 346 required and the safety of any other person and the community 347 from harm. 348 (k)(i)The pretrial detention order of the court shall be 349 based solely upon evidence produced at the hearing and shall 350 contain findings of fact and conclusions of law to support it. 351 The order shall be made either in writing or orally on the 352 record. The court shall render its findings within 24 hours of 353 the pretrial detention hearing. 354 (l)(j)A defendant convicted at trial following the 355 issuance of a pretrial detention order shall have credited to 356 his or her sentence, if imprisonment is imposed, the time the 357 defendant was held under the order, pursuant to s. 921.161. 358 (m)(k)The defendant shall be entitled to dissolution of 359 the pretrial detention order whenever the court finds that a 360 subsequent event has eliminated the basis for detention. 361(l)The Legislature finds that a person who manufactures362any substances in violation of chapter 893 poses a threat of363harm to the community and that the factual circumstances of such364a crime indicate a disregard for the safety of the community.365The court shall order pretrial detention if the court finds that366there is a substantial probability that a defendant charged with367manufacturing any substances in violation of chapter 893368committed such a crime and if the court finds that there are no369conditions of release reasonably sufficient to protect the370community from the risk of physical harm to persons.371 Section 5. This act shall take effect January 1, 2024. 372 373 ================= T I T L E A M E N D M E N T ================ 374 And the title is amended as follows: 375 Delete everything before the enacting clause 376 and insert: 377 A bill to be entitled 378 An act relating to pretrial release and detention; 379 amending s. 903.011, F.S.; providing for setting, 380 reduction, and alteration of bail; requiring the 381 Supreme Court to create and periodically update a 382 statewide uniform bail bond schedule for certain 383 offenses; providing for the chief judge of a judicial 384 circuit to establish a lower bail bond schedule in 385 certain cases; requiring Supreme Court approval for 386 local deviations from the statewide uniform bail bond 387 schedule; providing that arrested persons in certain 388 categories may not be released until a first 389 appearance and that bond for such persons be 390 individually determined based on specified factors; 391 amending s. 903.047, F.S.; authorizing a court to 392 consider nonmonetary conditions in addition to or in 393 lieu of a monetary amount subject to specified 394 limitations; listing possible nonmonetary conditions; 395 amending s. 903.0471, F.S.; providing that a court may 396 revoke pretrial release and order pretrial detention 397 if a defendant materially violates any release 398 condition; amending s. 907.041, F.S.; revising the 399 definition of the term “dangerous crime”; providing 400 that a person arrested for a dangerous crime may not 401 be granted nonmonetary pretrial release at a first 402 appearance hearing; specifying that upon motion by the 403 state attorney, a court may order pretrial detention 404 in certain circumstances; providing for a detention 405 hearing for persons charged with dangerous crimes; 406 authorizing a state attorney or a court to move for 407 detention of persons charged with dangerous crimes in 408 certain circumstances; requiring a court to order 409 pretrial detention in certain circumstances; providing 410 requirements for detention hearings; revising 411 requirements for a pretrial detention order; requiring 412 a court to provide specified information to certain 413 defendants; providing that a party may move for 414 reconsideration of a pretrial detention order any time 415 before trial in certain circumstances; removing a 416 requirement for pretrial detention for defendants 417 charged with illegally manufacturing controlled 418 substances in certain cases; providing an effective 419 date.