Pretrial Report Reminder

Pretrial End of Year Report due March 31, 2019

  1. An annual report produced by each program (to be submitted to the governing body and to the clerk of the circuit court in the county where the pretrial release program is located no later than March 31)—OPPAGA asks that we receive a copy as well
  2. A survey conducted by OPPAGA (in the past this was sent out in the fall, but will be moving to earlier in the year, perhaps June/July)
  3. An annual report produced by OPPAGA with the information gathered from the programs’ annual reports and survey responses (generally published each December)

For the program annual report you can use any format. The program annual report requirements, per s. 907.043, Florida Statutes, are listed below.

(4)(a) No later than March 31 of every year, each pretrial release program must submit an annual report for the previous calendar year to the governing body and to the clerk of the circuit court in the county where the pretrial release program is located. The annual report must be readily accessible to the public.

(b) The annual report must contain, but need not be limited to:

1. The name, location, and funding sources of the pretrial release program, including the amount of public funds, if any, received by the pretrial release program.

2. The operating and capital budget of each pretrial release program receiving public funds.

3.a. The percentage of the pretrial release program’s total budget representing receipt of public funds.

b. The percentage of the total budget which is allocated to assisting defendants obtain release through a nonpublicly funded program.

c. The amount of fees paid by defendants to the pretrial release program.

4. The number of persons employed by the pretrial release program.

5. The number of defendants assessed and interviewed for pretrial release.

6. The number of defendants recommended for pretrial release.

7. The number of defendants for whom the pretrial release program recommended against nonsecured release.

8. The number of defendants granted nonsecured release after the pretrial release program recommended nonsecured release.

9. The number of defendants assessed and interviewed for pretrial release who were declared indigent by the court.

10. The number of defendants accepted into a pretrial release program who paid a surety or cash bail or bond.

11. The number of defendants for whom a risk assessment tool was used in determining whether the defendant should be released pending the disposition of the case and the number of defendants for whom a risk assessment tool was not used.

12. The specific statutory citation for each criminal charge related to a defendant whose case is accepted into a pretrial release program, including, at a minimum, the number of defendants charged with dangerous crimes as defined in s. 907.041; nonviolent felonies; or misdemeanors only. A “nonviolent felony” for purposes of this subparagraph excludes the commission of, an attempt to commit, or a conspiracy to commit any of the following:

a. An offense enumerated in s. 775.084(1)(c);

b. An offense that requires a person to register as a sexual predator in accordance with s.775.21 or as a sexual offender in accordance with s. 943.0435;

c. Failure to register as a sexual predator in violation of s. 775.21 or as a sexual offender in violation of s. 943.0435;

d. Facilitating or furthering terrorism in violation of s. 775.31;

e. A forcible felony as described in s. 776.08;

f. False imprisonment in violation of s. 787.02;

g. Burglary of a dwelling or residence in violation of s. 810.02(3);

h. Abuse, aggravated abuse, and neglect of an elderly person or disabled adult in violation of s.825.102;

i. Abuse, aggravated abuse, and neglect of a child in violation of s. 827.03;

j. Poisoning of food or water in violation of s. 859.01;

k. Abuse of a dead human body in violation of s. 872.06;

l. A capital offense in violation of chapter 893;

m. An offense that results in serious bodily injury or death to another human; or

n. A felony offense in which the defendant used a weapon or firearm in the commission of the offense.

13. The number of defendants accepted into a pretrial release program with no prior criminal conviction.

14. The name and case number of each person granted nonsecured release who:

a. Failed to attend a scheduled court appearance.

b. Was issued a warrant for failing to appear.

c. Was arrested for any offense while on release through the pretrial release program.

15. Any additional information deemed necessary by the governing body to assess the performance and cost efficiency of the pretrial release program.

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