HB 1627 : Changes in Florida Pretrial Release and Detention Law
House Bill 1627, signed by the Governor on May 1, 2023, makes several changes to Florida’s laws on pretrial release and detention.
Uniform Bond Schedule
Chapter 903 of Florida Statutes deals with bail, which refers to the conditions set, to which a person agrees, upon their arrest, so that they may be released, pending the outcome of their criminal case. The new legislation modifies s. 903.011 to require the Florida Supreme Court to create a uniform statewide bond schedule. The bond schedule will basically set minimum (monetary) bond amounts for each criminal offense that will apply to all courts in the state. Currently, a local circuit can create its own bond schedule; a copy of the bond schedule for the Ninth Judicial Circuit (Orange and Osceola counties) can be found here. Under the new law, a circuit may still have its own local bond schedule, but may only go above, not below, the bond schedule set by the Florida Supreme Court (without leave of the Court). This bond schedule is only relevant for bond amounts set prior to Initial Appearance, or at a bond hearing before the assigned judge.
Limits on Pretrial Release
The new legislation also modifies s. 903.011 to include a general prohibition on releasing a person, on any conditions of release, before appearance before a judge at Initial Appearance or bond hearing, if the person:
Is on pretrial release, probation or community control (in any state) at the time of arrest;
Is designated a sexual offender/predator (in any state);
Is on release from prison under s. 947.1405, s. 947.146, s. 947.149, or s.944.4731 at the time of arrest;
Has ever been sentenced as a prison-release reoffender, habitual violent felony offender, three-time violent felony offender or violent career criminal;
Has been arrested more than three times (for anything) in the last six months;
Was arrested for failing to appear on any kind of offense; OR
The current arrest is for a capital, life, first- or second-degree felony, or is an offense on a lengthy list of offenses included in the statute, including burglary, resisting an officer with violence, false imprisonment, child abuse, tampering with a witness or evidence, battery on a law enforcement officer, battery on a person over 65, stalking, or any domestic violence offense.
Individuals who qualify under this law are not ineligible for release, but may not bond out (or otherwise be released) immediately upon arrest, and must wait to go before a judge who can (if they choose) set bond.
Nonmonetary Conditions of Release
A court may impose conditions of release that are not monetary, sometimes instead of a monetary bond, and sometimes in addition to a monetary bond. Section 903.047, Florida Statutes discusses conditions of pretrial release, which in all cases include refraining from criminal activity and following the instructions of the court.
The new law adds specific conditions that a court can add to a defendant’s bond, including: maintain or actively seek employment, or maintain/begin educational program; travel/residence/personal association restrictions; regular reporting requirements; curfew; restrictions on weapons/firearms; restrictions on alcohol/drug use; and submit to a medical/psychiatric/substance abuse evaluation and follow recommendations.
Many of these conditions are already regularly used by judges, and the law includes a general “any other condition that is reasonably necessary” clause, which clearly indicates that it is not intended to be an exhaustive list.
Violations of Pretrial Release
Florida Statute s. 903.0471 currently allows a court to revoke a defendant’s pretrial release if it finds probable cause that they committed a new offense while released, without the need for the prosecutor to file a motion for pretrial detention. The new law adds that a court can revoke pretrial release, without a motion from the prosecutor, if it finds that the defendant “violated any other condition of pretrial release in a material aspect”. This broadens the court’s discretion significantly.
Pretrial Detention Hearings
The Legislature’s intent, according to Florida Statute s. 907.041(3)(a) is that there will be a “presumption in favor of release on non monetary conditions for any person who is granted pretrial release unless such person is charged with a dangerous crime as defined in subsection (4)”. The new law adds DUI/BUI manslaughter, trafficking in controlled substances, and crimes related to written threats, to the list of “dangerous crimes”. The law also clarifies that a court is not permitted to release a person arrested for one of the enumerated dangerous crimes at initial appearance if it finds probable cause that the defendant committed that crime.
The bill also adds to this section that, when a person is arrested for one of the enumerated dangerous crimes, if it is a capital, life, or first-degree felony, and the court finds that there is probable cause that the defendant committed the crime, then either the prosecutor or the court must make a motion for pretrial detention. From there, the court must hold a pretrial detention hearing, during which it will consider if (1) there is a substantial probability that the defendant committed the offense; and (2) if, based upon the behavior or criteria listed in s. 903.046 (and any “other relevant facts”), there are no conditions of release that will reasonably protect the community from the risk of physical harm, will assure the defendant’s appearance for trial, or will assure the integrity of the judicial process. If the trial court answers “yes” to both questions, it must order pretrial detention (meaning, the defendant will not be released, under any conditions).
The pretrial hearing held under this section must be held within five (5) days of initial appearance (or the date of the motion for pretrial detention). A defendant can request a continuance of no more than five (5) days. The rules of evidence do not apply to the hearing, and any party can later move to reconsider the ruling if new facts are discovered.
Conclusion
The changes brought by this law are not effective until January 1, 2024, as the Florida Supreme Court will need time to create its uniform bond schedule. The effect of the changes will vary by jurisdiction, depending on how each court currently handles matters of pretrial release and detention. Certainly, the changes in the law remove discretion from courts and will have a substantial impact in jurisdictions where this discretion is frequently utilized. These changes may increase the importance of involving a knowledgeable criminal defense attorney early in the proceedings, either before, or immediately upon arrest.