Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1334 Ì537118.Î537118 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment 2 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