orange county corrections orange county corrections pretrial services pretrial services release...

ORANGE COUNTY ORANGE COUNTY CORRECTIONS CORRECTIONS

Pretrial ServicesPretrial Services

Release & SupervisionRelease & Supervision

Presentation OutlinePresentation Outline

• IntroductionIntroduction

• Legal AuthorityLegal Authority

• Pretrial FunctionsPretrial Functions

• SummarySummary

IntroductionIntroduction

MISSIONMISSION

To enhance public safety by operating a To enhance public safety by operating a safe, secure, and humane correctional safe, secure, and humane correctional systemsystem..

IntroductionIntroduction

• Pretrial release from custody is a right Pretrial release from custody is a right

– NonmonetaryNonmonetary

– MonetaryMonetary

• Pretrial Release Program since the 1970’sPretrial Release Program since the 1970’s





• SummarySummary

Legal AuthorityLegal Authority

• Article I Section 14 of the Florida ConstitutionArticle I Section 14 of the Florida Constitution provides thatprovides that

“ “Unless charged with a capital offense or an offense Unless charged with a capital offense or an offense punishable by life imprisonment, every person punishable by life imprisonment, every person charged with a crime or violation of municipal or charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release county ordinance shall be entitled to pretrial release on reasonable conditions”. on reasonable conditions”.

• Section 907.041(3), Florida Statutes, states that Section 907.041(3), Florida Statutes, states that “it is the intent of the Legislature to create a “it is the intent of the Legislature to create a presumption in favor of release on nonmonetary presumption in favor of release on nonmonetary conditions”conditions”


• Florida Rule of Criminal Procedure 3.131 Florida Rule of Criminal Procedure 3.131 conditions of releaseconditions of release

Conditions in OrderConditions in Order

– Personal recognizance of the defendantPersonal recognizance of the defendant

– Unsecured appearance bondUnsecured appearance bond

– Restrictions on travel, association & homeRestrictions on travel, association & home

– Placing defendant in custody of designated person or Placing defendant in custody of designated person or organizationorganization

– Bail BondBail Bond

– Any other condition deemed reasonably necessaryAny other condition deemed reasonably necessary


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


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





• SummarySummary

CorrectionsCorrectionsPretrial FunctionsPretrial Functions

• Inmate Administration DivisionInmate Administration Division

– Pretrial Services FunctionsPretrial Services Functions

– Operational DataOperational Data

• Community Corrections DivisionCommunity Corrections Division

– Pretrial Supervision FunctionsPretrial Supervision Functions

– Operational DataOperational Data

First Appearance Screening

Information to Court

Pre-First Appearance

Releases

Court Ordered Releases

Inmate Administration DivisionInmate Administration Division Pretrial ServicesPretrial Services

Inmate Administration DivisionInmate Administration Division First Appearance ScreeningFirst Appearance Screening

Review Arrest Review Arrest AffidavitsAffidavits

Review Criminal Review Criminal DatabasesDatabases

Interview InmateInterview Inmate

Verify IdentityVerify Identity

Conduct Risk Conduct Risk AssessmentAssessment


Inmate Administration DivisionInmate Administration Division Information to CourtInformation to Court

Compile Compile InformationInformation

Provide to Court Provide to Court and State and State AttorneyAttorney

Attend First Attend First AppearanceAppearance



Inmate Administration DivisionInmate Administration Division Pre-First Appearance ReleasesPre-First Appearance Releases

Evaluate Inmate Evaluate Inmate EligibilityEligibility

Review Program Review Program ConditionsConditions Process ReleaseProcess Release

Review Release Review Release OptionsOptions




Releases

Inmate Administration DivisionInmate Administration Division Court Ordered ReleasesCourt Ordered Releases

Review Program Review Program ConditionsConditions Process ReleaseProcess Release




Releases

Court Ordered Releases

Inmate Administration DivisionInmate Administration DivisionProgram DataProgram Data

Average Monthly ReleasesJanuary 2008 to December 2008

1,350

168

70

355

0

400

800

1200

1600

2000

2400

Rel

ease

s

Surety BondSurety Bond Plus Pretrial Supervision

Pretrial Release - Court OrderPretrial Release - Administrative Order

Inmate Administration DivisionInmate Administration Division Program DataProgram Data

• 62,000 bookings in 200862,000 bookings in 2008

• 4,300 releases in 20084,300 releases in 2008

• Program operates 24 x 7Program operates 24 x 7

Total Bookings

Pretrial Releases 7%

Pretrial Services and Pretrial Services and SupervisionSupervision


• Administrative Administrative services to process services to process pretrial releasespretrial releases

• Total annual cost - Total annual cost - $35K$35K

Community CorrectionsCommunity Corrections

• Provides supervision to Provides supervision to released inmatesreleased inmates

• Total annual cost - Total annual cost - $385K$385K

Total Annual Cost = $420K

Community Corrections DivisionCommunity Corrections Division Pretrial Supervision FunctionsPretrial Supervision Functions

• Verify residence and employmentVerify residence and employment

• Conduct drug & alcohol testingConduct drug & alcohol testing

• Monitor for new law violationsMonitor for new law violations

• Provide information on court datesProvide information on court dates

• Report violations to the CourtReport violations to the Court

• 2008 success rate is 84%2008 success rate is 84%





• SummarySummary

SummarySummaryBenefits of Pretrial ReleaseBenefits of Pretrial Release

• Support legislative intentSupport legislative intent

• Provide information to CourtProvide information to Court

• Provide nonmonetary release optionProvide nonmonetary release option

• Provide community supervisionProvide community supervision

• Pretrial release constitutes 7% of all bookingsPretrial release constitutes 7% of all bookings

• FY 2010 cost of pretrial functions is $420KFY 2010 cost of pretrial functions is $420K

ORANGE COUNTY ORANGE COUNTY CORRECTIONS CORRECTIONS


Release & SupervisionRelease & Supervision

orange county corrections orange county corrections pretrial services pretrial services release...

Documents

appearance releasescourt

appearance proceedings

favor of release

introductionpretrial

pretrial detention

county ordinance

custody of designated

criminal history