Florida Statutes 907.043 – Pretrial release; citizens’ right to know
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(1) This section may be cited as the “Citizens’ Right-to-Know Act.”
(2) As used in this section, the term:
(a) “Nonsecured release” means the release of a defendant from pretrial custody when no secured surety or cash bond is required as a condition of the release.
Terms Used In Florida Statutes 907.043
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Capital offense: A crime punishable by death.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) “Pretrial release program” means an entity, public or private, that conducts investigations of pretrial detainees, makes pretrial release recommendations to a court, and electronically monitors and supervises pretrial defendants. However, the term “pretrial release program” shall not apply to the Department of Corrections.
(c) “Register” means a public record prepared by a pretrial release program which furnishes specified data and is readily available to the public at the office of the clerk of the circuit court.
(d) “Secured release” means the release of a defendant from pretrial custody with a financial guarantee, such as cash or a surety bond, required as a condition of the release.
(3)(a) Each pretrial release program must prepare a register displaying information that is relevant to the defendants released through such a program. A copy of the register must be located at the office of the clerk of the circuit court in the county where the program is located and must be readily accessible to the public.
(b) The register must be updated weekly and display accurate data regarding the following information:
1. The name, location, and funding source of the pretrial release program.
2. The number of defendants assessed and interviewed for pretrial release.
3. The number of indigent defendants assessed and interviewed for pretrial release.
4. The names and number of defendants accepted into the pretrial release program.
5. The names and number of indigent defendants accepted into the pretrial release program.
6. The charges filed against and the case numbers of defendants accepted into the pretrial release program.
7. The nature of any prior criminal conviction of a defendant accepted into the pretrial release program.
8. The court appearances required of defendants accepted into the pretrial release program.
9. The date of each defendant’s failure to appear for a scheduled court appearance.
10. The number of warrants, if any, which have been issued for a defendant’s arrest for failing to appear at a scheduled court appearance.
11. The number and type of program noncompliance infractions committed by a defendant in the pretrial release program and whether the pretrial release program recommended that the court revoke the defendant’s release.
(4)(a) No later than March 31 of every year, each pretrial release program must submit an annual report for the previous calendar year to the governing body and to the clerk of the circuit court in the county where the pretrial release program is located. The annual report must be readily accessible to the public.
(b) The annual report must contain, but need not be limited to:
1. The name, location, and funding sources of the pretrial release program, including the amount of public funds, if any, received by the pretrial release program.
2. The operating and capital budget of each pretrial release program receiving public funds.
3.a. The percentage of the pretrial release program’s total budget representing receipt of public funds.
b. The percentage of the total budget which is allocated to assisting defendants obtain release through a nonpublicly funded program.
c. The amount of fees paid by defendants to the pretrial release program.
4. The number of persons employed by the pretrial release program.
5. The number of defendants assessed and interviewed for pretrial release.
6. The number of defendants recommended for pretrial release.
7. The number of defendants for whom the pretrial release program recommended against nonsecured release.
8. The number of defendants granted nonsecured release after the pretrial release program recommended nonsecured release.
9. The number of defendants assessed and interviewed for pretrial release who were declared indigent by the court.
10. The number of defendants accepted into a pretrial release program who paid a surety or cash bail or bond.
11. The number of defendants for whom a risk assessment tool was used in determining whether the defendant should be released pending the disposition of the case and the number of defendants for whom a risk assessment tool was not used.
12. The specific statutory citation for each criminal charge related to a defendant whose case is accepted into a pretrial release program, including, at a minimum, the number of defendants charged with dangerous crimes as defined in s. 907.041; nonviolent felonies; or misdemeanors only. A “nonviolent felony” for purposes of this subparagraph excludes the commission of, an attempt to commit, or a conspiracy to commit any of the following:
a. An offense enumerated in s. 775.084(1)(c);
b. An offense that requires a person to register as a sexual predator in accordance with s. 775.21 or as a sexual offender in accordance with s. 943.0435;
c. Failure to register as a sexual predator in violation of s. 775.21 or as a sexual offender in violation of s. 943.0435;
d. Facilitating or furthering terrorism in violation of s. 775.31;
e. A forcible felony as described in s. 776.08;
f. False imprisonment in violation of s. 787.02;
g. Burglary of a dwelling or residence in violation of s. 810.02(3);
h. Abuse, aggravated abuse, and neglect of an elderly person or disabled adult in violation of s. 825.102;
i. Abuse, aggravated abuse, and neglect of a child in violation of s. 827.03;
j. Poisoning of food or water in violation of s. 859.01;
k. Abuse of a dead human body in violation of s. 872.06;
l. A capital offense in violation of chapter 893;
m. An offense that results in serious bodily injury or death to another human; or
n. A felony offense in which the defendant used a weapon or firearm in the commission of the offense.
13. The number of defendants accepted into a pretrial release program with no prior criminal conviction.
14. The name and case number of each person granted nonsecured release who:
a. Failed to attend a scheduled court appearance.
b. Was issued a warrant for failing to appear.
c. Was arrested for any offense while on release through the pretrial release program.
15. Any additional information deemed necessary by the governing body to assess the performance and cost efficiency of the pretrial release program.