Miami-Dade Legislative Item
File Number: 100819
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File Number: 100819 File Type: Resolution Status: Adopted
Version: 0 Reference: R-412-10 Control: Board of County Commissioners
File Name: RESTRICTIONS ON PRETRIAL SUPERVISION PROGRAMS Introduced: 3/30/2010
Requester: NONE Cost: Final Action: 4/6/2010
Agenda Date: 4/6/2010 Agenda Item Number: 11A36
Notes: Title: RESOLUTION OPPOSING SB 782, HB 445 OR SIMILAR LEGISLATION THAT WOULD PLACE STATUTORY RESTRICTIONS ON PRETRIAL SUPERVISION PROGRAMS
Indexes: LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/6/2010 11A36 Adopted P

County Attorney 3/30/2010 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION OPPOSING SB 782, HB 445 OR SIMILAR LEGISLATION THAT WOULD PLACE STATUTORY RESTRICTIONS ON PRETRIAL SUPERVISION PROGRAMS

BODY
WHEREAS, bills are currently moving through Senate and House committees, SB 782 by Senator John Thrasher (R Jacksonville) & HB 445 by Representative Chris Dorworth (R Heathrow), that would favor the bailbond industry over pretrial supervision programs by placing statutory restrictions on pretrial supervision programs; and
WHEREAS, SB 782 & HB 445 would prohibit pretrial supervision programs from charging defendants the cost of the pretrial supervision unless authorized by state law, leaving these costs with taxpayers rather than charging them to defendants as a user fee; and
WHEREAS, SB 782 & HB 445 substantially would limit defendants who qualify for pretrial supervision to only a defendant who meets all of the following criteria:
a. Is indigent,

b. Has not failed to appear at any court within the preceding 12 months,

c. Has no prior convictions involving violence,

d. Has not been charged with a capital, life or first degree felony,

e. Is not on probation for another charge, and

f. Is not facing charges for another crime anywhere in the state; and


WHEREAS, SB 782 & HB 445 have been amended as they have been heard in committees, but the bills still curtail pretrial supervision programs to the benefit of the bailbond industry; and
WHEREAS, pretrial supervision programs have a proven track record of treating the root problems of crime by treating drug addiction and mental health issues, while bailbonds are simply financial contracts to appear in court; and
WHEREAS, study after study has shown that pretrial supervision programs are more effective than bailbonds at ensuring public safety and decreasing the likelihood of reoffending; and
WHEREAS, by restricting pretrial supervision programs, SB 782 & HB 445 would result in wasteful government spending by holding defendants in jails that could be placed on pretrial supervision more safely, more cost effectively and with better outcomes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that that Board:
Section 1. Opposes SB 782, HB 445 or similar legislation that would that would place statutory restrictions on pretrial supervision programs.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate against the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2010 and 2011 State Legislative Packages.



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