Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit in
and for DeSoto County, Florida

Administrative Order 2022–18.3

Desoto County Probation Services, a program under Court Administration, has implemented a Supervised Pretrial Release Program (SPR) to promote public safety, court appearances, and due process.

Rule 3.131(a), 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 violation of 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 persons, assure the presence of the accused in court or trial, or assure the integrity of the judicial process, the accused may be detained.

SPR staff shall screen all appropriate defendants and gather and present criminal records to the presiding judge at first appearances to determine bail or conditions for release. SPR staff will coordinate with the State Attorney and Public Defender’s offices regarding the application of SPR risk assessment tools, procedures, and recommendations that are consistent with Florida Statutes and Florida Rules of Criminal Procedure.

The Desoto County Sheriff’s Office or its designated agency shall notify SPR staff when a defendant is released from jail and advise of any action that would require immediate involvement by SPR staff.

By the power vested in the Chief Judge under Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215(b), Florida Rules of General Practice and Judicial Administration, it is therefore Ordered and Adjudged as follows:

1. The Desoto County Supervised Release Program (SPR) is established under Court Administration’s Desoto County Probation Services office.
2. When a defendant accepts SPR conditions at the First Appearance hearing, Defendant must sign the attached Order of Supervised Pretrial Release (SPR) prior to release from the DeSoto County Jail. A sample Order of SPR is attached.
3. As a condition of SPR, whether such release is by surety bail bond, defendant’s own recognizance or in some other form, the defendant shall refrain from all contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure, and shall comply with all conditions of pretrial release as ordered by the court.
4. Upon release from the Desoto County Jail, defendants on SPR must call the SPR Office and speak with a live person within one business day.
5. The Rules and Regulations of the SPR Program are explained to Defendants at their first meeting with the SPR Case Officer after release. Defendants are required to follow all of the Rules and Regulations and sign the agreement, acknowledging understanding and receipt of the Rules and Regulations. A sample of the Rules and Regulations Agreement is attached.
6. When a defendant accepts SPR conditions at the First Appearance hearing, then later fails to call the SPR Office within one business day upon release, or fails to appear at the first scheduled meeting with SPR, or declines to complete the Pretrial Services Rules and Regulations Agreement, defendant is deemed to have violated the terms of his/her SPR conditions.
7. When a defendant violates the terms of his/her SPR conditions, an Affidavit For Violation of SPR shall be submitted to the court by SPR staff for judicial review. A sample Affidavit for Violation of SPR and Order Revoking SPR and Order of Arrest and Recommitment is attached.
8. When an Affidavit of Violation of SPR is accepted and approved by a judge, the violation shall be filed with the Desoto County Clerk of Court and subsequently with the Desoto County Sheriff’s Office. The violation of SPR shall be addressed in the same manner as a warrant. Defendant’s participation in the SPR Program shall be revoked and the defendant shall be taken into custody on the violation without bond until the next First Appearance hearing, at which time the judge shall conduct the appropriate bond review.
9. This Administrative Order is effective immediately.

Done and ordered in DeSoto County, Florida this 20^th day of December, 2022.

Charles E. Roberts
Chief Judge