Administrative Order Viewer

In the Twelfth Judicial Circuit in, and for,
Sarasota County, Florida

Administrative Order 2018–17.3

Whereas, Rule 3 .131, Florida Rules of Criminal Procedure provides that, unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or a violation of a municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to person, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained; and

Whereas, section 903.046, Florida Statutes, provides that the purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant; and

Whereas, section 903 .046, Florida Statutes, also provides that in determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court shall consider the nature and circun1stances of the offense charged; the weight of the evidence against the defendant; the defendant' s family ties, length of residence in the community, employment history, financial resources and mental condition; the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger which the defendant's release poses to the community; the source of funds used to post bail; the defendant's current legal status including whether the defendant is already on pretrial release or on court ordered supervision; the street value of any drug or controlled substance connected to or involved in the criminal charge; the nature and probability of intimidation and danger to victims; and whether there is probable cause to believe that the defendant committed a new crime while on pretrial release; and

Whereas, the prompt and efficient administration of justice requires the establishment of procedures governing the issuance of Notices to Appear in the counties within the Twelfth Judicial Circuit; and

Whereas, Sarasota County has established a 24/7 Pretrial Services Program that interviews every eligible defendant who is arrested and is thus capable of implementing the delegated release authority program on a pilot basis; and

Whereas, Rule 3.125(j), Florida Rules of Criminal Procedure, authorizes the Chief Judge to establish procedures governing the exercise of authority to issue Notices to Appear, it is therefore

Ordered that:

Sarasota County Pretrial Services (Pretrial Services) and the Sarasota County Sheriff's Office are hereby delegated the authority, in limited circumstances, to release defendants from the Sarasota County Jail with a Notice to Appear and under the supervision of Pretrial Services, using the following guidelines:

1. All defendants presented to the Sarasota County Jail with a new criminal charge or charges wherein the most serious offense is a violation of a municipal or county ordinance; a misdemeanor; or a 3rd degree felony within offense levels 1 or 2 as delineated in F.S. 921.0022(3)(a) and 3(b) (Criminal Punishment Code; Offense Severity Ranking Chart (attached)), are eligible for release except as stated below in sections two and three. Defendants who are approved for release shall be supervised by Sarasota Pretrial Services using the corresponding supervision level and conditions on the approved Pretrial Release Decision Matrix.
2. Defendants shall not be eligible for release pursuant to section one under any of the following circumstances and bail therein shall be governed by the bond schedule as authorized under AO 2013-11.3, or the latest Administrative Order authorizing a bond schedule for the Twelfth Circuit. If unable to post bail, the defendant shall be brought before the presiding judge at the next first appearance hearing. The circumstances that preclude release under section one above are:
   1. The defendant has active warrants and/or holds for another jurisdiction.
   2. The defendant resides out of state.
   3. The defendant is on any form of active supervision, i.e. probation, community control, controlled release, conditional release, supervised release or has a pending failure to appear (FTA).
   4. The defendant has an active pending felony case that occurred prior to the new charge(s) offense date.
   5. The defendant has a prior felony conviction (adjudication of guilt or withheld adjudication) within the last two (2) years.
   6. The defendant is charged with a violation of any section of Florida Statutes related to Exploitation of the Elderly or Stalking, including cyber-stalking.
   7. The defendant is required to register as a sexual offender or a sexual predator if convicted on the current arrest charges.
   8. The defendant is arrested for any firearm or weapons offense under Chapters 784 and 790, Florida Statutes.
   9. The defendant is arrested for any offense involving Driving under the Influence (DUI), Boating under the Influence (BUI), or Operating an Aircraft under the Influence.
   10. The defendant is arrested for any offense under Chapter 784, including battery or domestic battery, or any violation of an injunction under Chapter 784 or Chapter 741.
   11. The defendant is arrested for Driving While License Suspended under Chapter 322, Florida Statutes wherein the underlying suspension is for DUI or the defendant is deemed a Habitual Traffic Offender.
   12. The defendant scores more than eight (8) points on the Pretrial Risk Decision Matrix used by Pretrial Services.
   13. The defendant is charged with any offense (misdemeanor or felony) under Chapter 800 (Lewdness; Indecent Exposure) or Chapter 794 (Sexual Battery), Florida Statutes.
   14. The defendant has been arrested for any of the following offenses: Storing or leaving a loaded firearm within reach of a minor (F .S. 784.05), False personation of a firefighter, sheriff or police officer (F.S. 843.08), Fighting or baiting animals (F.S. 828.123(3)), Animal Cruelty (F.S. 828.12), Voyeurism (F.S. 810.14), Video Voyeurism (F .S. 810.145) or Sale or delivery of counterfeit controlled substances (F.S. 831.3 l(l)(a)).
   15. The defendant is arrested for an offense that involves fleeing or eluding a law enforcement officer (F.S. 316.1935(1) or F.S. 843.18).
   16. The defendant is arrested for an offense in violation of a court order involving taking or enticing a minor beyond state limits (F.S. 787.04(1)).
   17. The defendant is arrested for an offense involving fraud, forgery, or the use of another person's credit card or credit history.
   18. The defendant appears to be under the influence of alcohol or a controlled substance.
   19. The defendant is exhibiting aggressive behavior or behavior suggesting an altered mental state.
3. Defendants who are arrested pursuant to a warrant or capias shall not be released pursuant to section one and shall be held according to the bond set on the warrant or capias, and if unable to post bond, shall be brought to the next available First Appearance for bond review. However, defendants arrested pursuant to a misdemeanor violation of probation warrant wherein the ONLY violation is the failure to pay fines, fees, court costs, or supervision costs, shall be eligible for release pursuant to section one above.
4. Pretrial Services shall be responsible for reviewing the exclusions in section two for any eligible defendants and forwarding the names of those approved for release under section one and their conditions of release to Sarasota County Jail staff. Jail staff will check for outstanding warrants and if all criteria are met, shall release the defendant with the Rules and Regulations provided from Pretrial Services with a Notice to Appear and the next available arraignment date.
5. If an arrestee requires a Baker or Marchman Act evaluation, jail staff will proceed accordingly upon release from custody.
6. Any defendant who is not released with a Notice to Appear under the supervision of Pretrial Services or released on his or her own recognizance shall be held pursuant to the current bond schedule of the Twelfth Judicial Circuit and shall be brought to the next available First Appearance hearing if bail or bond has not been posted prior thereto.
7. If Pretrial Services finds that a defendant qualifies for release under section one above, release under section one can be deferred to the First Appearance judge, if, based on articulable facts documented on the Bail Determination Report, Pretrial Services is of the opinion that the defendant still poses a significant risk to not appear in court or is a danger to the community or to himself or herself. In such situations, the defendant shall be governed by the current bond schedule of the Twelfth Judicial Circuit.

This Administrative Order will be effective on November 1, 2018 and will remain in effect until modified or rescinded.

Done and ordered in Sarasota, Sarasota County this 2^nd day of October, 2018.

Charles E. Williams, Chief Judge