ORANGE COUNTY CORRECTIONS Pretrial Services Release Supervision Presentation

ORANGE COUNTY CORRECTIONS Pretrial Services Release & Supervision

Presentation Outline • Introduction • Legal Authority • Pretrial Functions • Summary

Presentation Outline • Introduction • Legal Authority • Pretrial Functions • Summary

Introduction MISSION To enhance public safety by operating a safe, secure, and humane correctional system.

Introduction • Pretrial release from custody is a right – Nonmonetary – Monetary • Pretrial Release Program since the 1970’s

Presentation Outline • Introduction • Legal Authority • Pretrial Functions • Summary

Legal Authority • Article I Section 14 of the Florida Constitution provides that “Unless charged with a capital offense or an offense punishable by life imprisonment, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions”. • Section 907. 041(3), Florida Statutes, states that “it is the intent of the Legislature to create a presumption in favor of release on nonmonetary conditions”

Legal Authority • Florida Rule of Criminal Procedure 3. 131 conditions of release Conditions in Order – Personal recognizance of the defendant – Unsecured appearance bond – Restrictions on travel, association & home – Placing defendant in custody of designated person or organization – Bail Bond – Any other condition deemed reasonably necessary

Legal Authority • Administrative Order 2003 -39 -12, Amended Order Governing Pretrial Release, Pretrial Detention and First Appearance Proceedings in Orange County, signed by Chief Judge Belvin Perry, includes a section entitled “Orange County Pretrial Release Program (PTR)”, that says in part:

Legal Authority “Unless a judge specifically orders otherwise, a person may be released, under the direction of the Chief of the Orange County Corrections Department or his/her designee(s), into the Orange County Pretrial Release Program before first appearance provided that” … the program has evaluated the defendant and his criminal history as specified in that order.

Presentation Outline • Introduction • Legal Authority • Pretrial Functions • Summary

Corrections Pretrial Functions • Inmate Administration Division – Pretrial Services Functions – Operational Data • Community Corrections Division – Pretrial Supervision Functions – Operational Data

Inmate Administration Division Pretrial Services First Appearance Screening Information to Court Pre-First Appearance Releases Court Ordered Releases

Inmate Administration Division First Appearance Screening Review Arrest Affidavits Review Criminal Databases Verify Identity Interview Inmate Conduct Risk Assessment

Inmate Administration Division Information to Court First Appearance Screening Information to Court Compile Information Provide to Court and State Attorney Attend First Appearance

Inmate Administration Division Pre-First Appearance Releases First Appearance Screening Information to Court Pre-First Appearance Releases Evaluate Inmate Eligibility Review Release Options Review Program Conditions Process Release

Inmate Administration Division Court Ordered Releases First Appearance Screening Information to Court Review Program Conditions Pre-First Appearance Releases Court Ordered Releases Process Release

Inmate Administration Division Program Data

Inmate Administration Division Program Data • 62, 000 bookings in 2008 • 4, 300 releases in 2008 • Program operates 24 x 7 Pretrial Releases 7% Total Bookings

Pretrial Services and Supervision Pretrial Services Community Corrections • Administrative services • Provides supervision to to process pretrial released inmates releases • Total annual cost $385 K $35 K Total Annual Cost = $420 K

Community Corrections Division Pretrial Supervision Functions • Verify residence and employment • Conduct drug & alcohol testing • Monitor for new law violations • Provide information on court dates • Report violations to the Court • 2008 success rate is 84%

Presentation Outline • Introduction • Legal Authority • Pretrial Functions • Summary

Summary Benefits of Pretrial Release • Support legislative intent • Provide information to Court • Provide nonmonetary release option • Provide community supervision • Pretrial release constitutes 7% of all bookings • FY 2010 cost of pretrial functions is $420 K

ORANGE COUNTY CORRECTIONS Pretrial Services Release & Supervision