While hundreds of defendents — some of whom will eventually be found not guilty — languish in jail in St. Johns County awaiting trial, Sen. John Thrasher is putting forward a bill that will force more of them to pay private bail-bondsmen if they want to get out.
That doesn’t sit well with the St. Johns County Commission.
Commissioners this week passed a resolution opposing the legislation that would limit eligibiltiy requirements for pretrial services.
"My intent is to be able to preserve this type of option for St. Johns County," said Commissioner Cyndi Stevenson, who spearheaded the resolution. "It’s a good way to deal with public safety and preserve jail space for those who really need to be there."
The Florida Statues include a section commonly known as the Citizen’s Right to Know Act. Section 907.043 of the Statutes allows for a pretrial release program which is defined as "an entity, public or private, that conducts investigations of pretrial detainees, make pretrial release recommendations to a court and electronically moniters and supervises pretrial defendents."
Florida statutes make clear the legislative intent of pretrial detention and release.
"Persons found to meet specified criteria shall be released under certain conditions until proceedings are concluded and adjudication has been determined. The Legislature finds that this policy of pretrial detention and release will assure the detention of those persons posing a threat to society while reducing the costs for incarceration by releasing, until trial, those persons not considered a danger to the community who meet certain criteria," the Statue states.
St. Johns County does not currently have in place a pretrial release program where defendents deemed not dangerous can be released under supervision back into the community rather than await trial in jail. Neighboring Volusia county does utilize a pretrial release program.
Molly Justice, Court Communications Officer for the Seventh Judicial Circiut Court of Florida said a judge mades the determination as to wheter a defendent is a good candidate for the pretrial release program.
"A judge makes the determination on release," Justice said. "The conditions vary per person."
Justice said that pretrial release program does a thorough investigation into a defendents background prior to the defendents first appearance in court. The judge then makes a determination if the defendent fits the criteria outlined in the Statues. The benefit, said Justice, is not having a defendent in the jail facility if they don’t need to be.
"It’s an option to let people go back into the community," she said.
The Senate Bill
Senate Bill 782, sponsored by Thrasher, states "a pretrial release program established by ordinace of the county commission, or by administrative order of the court or by other means is subject to policies and restrictions established in this subsection."
Senate Bill 782 lays out seven eligibility requirements for participation in a pretrial release program.
These include a defendent being charged with a misdemeanor, charged with a felony which is not a dangerous crime as defined by the Florida Statutes, has no history of failing to appear at any court appearance, is not at the time of arrest subject to or on probation for another charge and is not facing chargs for another crime anywhere in the state, has no prior convictions involving violence, is indigent and satisifies any other limitation upon eligibility for release.
The Statute
Similar criteria is listed in section 907.041 of the Statues. The statute states that the intent of the Legislature is to "create a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release unless such person is charged with a dangerous crime."
Nonmonetary conditions refer to the release of a defendant from pretrial custody when no secured surety or cash bond is required as a condition of the release.
In addition the Statute states that no person shall be released on nonmonetary conditions under the supervision of pretrial services until pretrial release services certifies to the court that it has investigated certain background information. That includes the circumstances of the accused family, employment, financial resources, character, mental conditions, record of conviction and appearances and failures to appear at court proceedings, record of flight to avoid prosecution and any other vacts necessary to assist the court in its determination of the indigency of the accused.
Thrasher said he proposed Senate Bill 782 because it will help create less of a burden and reliance on government services.
"The primary purpose of pretrial service is basically to investigate into the background of a defendent so, in court at innitial appearance, a judge makes an informed decision," said Thrasher. "Private bail is the most effective and efficient means of pretrial release."
The numbers
Justice said the pretrial service program in Volusia County stared in 1979 but the program in its curent form began in 1988.
"In fiscal year 2009, 19,581 defendants were seen at first appearance," Justice wrote in an E-mail. "Of those, 4,357 were ordered to be supervised by pretrial services. Another 768 were placed on pretrial supervision sometime after first appearance."
She said defendents who would not qualify for release to pretrial services can either be released on their own recognizance with no supervision or be required to post a monetary bond to secure their release.
"We’re unable to predict the number of defendants who might actually post the required bond to secure their release," wrote Justice. "However, by way of example, on Jan. 7, the total inmate population of the Volusia County jail was 1,410. Of that, 574 inmates were eligible for release on bail, but had not posted the necessary bond."
Chuck Mulligan, spokesman for the St. Johns County Sherrif’s Office, said on the same date — Jan. 7 — the St. Johns County Jail held 468 total inmates. Of those, 259 inmates were awaiting trial. Mulligan could not provide numbers as to how many inmates awaiting trial were eligible for release on bail but had not yet posted necessary bond without first handsearching each inmates file.
Mulligan said it costs between $85 to $90 on average a day to house an inmate in the St. Johns County jail.
Sherrif David Shoar said he supports Stevenson but indicated that thought the pretrial release program was "another layer of burocracy."
Stevenson said she wants the option to continue to seek a pretrial release program for St. Johns County to extend the life of the jail.
Thrasher said he believes Senate Bill 782 will save money.
"I have no idea what it costs to keep a person in jail," Thrasher said. "My belief is that it [SB 782] will save taxpayers money and improve public safety."
sarakaufman@pontevedrarecorder.com
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February 19th 2010 - 1:20PM