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This program operates under an administrative order 93-115-CR- using Florida statues 907.41(1)(3) and 948.09(1)(3)(6). It allows PTR to recommend Community Supervision to the initial appearance judge which consists of the accused being released, having to pay a sign-up fee, pay a weekly monitoring fee and report to a community supervision officer. The defendant is also required to take and pay for random urinalysis testing regardless of the charge. The community supervision officer can also violate the accused for not paying or complying in which a warrant is issued requiring the incarceration at taxpayer's expense. This expansion was not fully utilized (because of its questionable legality) until the year 2000 when Article 5 was passed down and the budget was compromised. Upon an in-depth review and research, this program is very flawed and is a direct violation of the Florida Constitution and Florida Statues regarding criminal procedure of the pretrial detention and release and here is why.
The Pretrial Release Program 907 in the state of Florida is designed to be NON-MONETARY as adopted from the Supreme Court. Statue 948.09 is for Department of Corrections dealing with post conviction laws. These two statues deal with two opposite parts of criminal procedure.
Florida statue 903.11 define the term bail and bond to include any form of pre-trial release and state 648.24 states the Bondsin which fees are charged must be done by a licensed bail bond agent. 648.25 define a bail bond agency as an entity that charges a fee or premium to release an accused or detainee from jail. By charging any type of fee, the company acts in the capacity of a bail bond agent and statue 648.30 classifies that as a third degree felony. This program also violates the Florida Constitution Article 1 Section 19, which says no person charged with crime has to pay any cost until a judgment of conviction. A private company runs Brevard's Pre-Trial Release Program & Community Supervision Program but Statue 948.01(1)(A) states that a private entity may not provide any type of court supervision. 939.06 also states that a person found not guilty or acquitted be refunded any fees paid to the court. 949.049(3) deals with non-payment being a violation of probation. Statue 907.043(B) says the term pretrial release program shall not apply to the department of Corrections. Yet these are the statues they base their program on. The process in which any type of release can be done is already in place. Two statues cannot be pieced together and called a new program without going through the legislative process. The Jail Oversight Committee also utilizes this program by releasing detainees after initial appearance in which a Judge requires monitory release and not complying with 903.035(2) & 903.02which requires all felony bond modifications to be done at a hearing and that only the judge whom set bonds the chief judge or the trial judge for that case misdemeanor or felony can review and modify bond. The laws of this state are very clear that this is not allowed. Florida statue 57.051 states only amounts approved by law can be charged by an officer, this program is not approved by law so the amounts are not approved and the officer must repay 4 times the amount if illegally collected.
The findings are that the Florida statues and Constitution does not allow this type of release. The statues are not being applied in which they were intended. This company is acting in the capacity of bail bond agent and imposing post conviction laws and statues and illegally
charging a fee that is not allowed. Surety are the only ones statutorily permitted to charge. The program also violates the accused rights by being put on probation without due process and only post conviction law allows charging for drug testing or monitoring. Some of the conditions of this program sometimes require more that the conviction would require. As a matter of fact, Brevard is the only county out of the 67 counties in Florida use this type of program and only 29 counties of the 67 have a Pretrial Release Program. The big question is why and how does this program exist and and contiunue to runThe laws and constitution of this state are very clear on which an accused can be released to protect the rights of all citizens in the criminal proceeding. Community Supervision does not have the qualifications or any authority approved by the state of Florida to charge or supervise any accused. It cannot operate under these statues or any other in the state of Florida.