New pretrial bill could cause overcrowding in jail, cost taxpayers more money
A law signed by Governor DeSantis may keep more people in jail before a pretrial or first appearance some Orange County, Osceola Public defenders think the bill will force the jails to become overcrowded.
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“The most problematic is that it jumps up the population so much, and even if you have floor space, a lot of inmates sleep on floors and mattresses, and nobody wants to do that,” said Robert Wesley, a Public Defender 9th Judicial Circuit.
House Bill 1627, Pretrial Release and Detention, provides for the setting, reduction, & alteration of bail.
The bill requires the Supreme Court to create a statewide uniform bail bond schedule and provides for the chief judges of the judicial circuit to establish a lower bail bond schedule.
Wesley said the new bill imposes uniformity in the way bonds are dispersed across the state.
The bill states those arrested may not be released until the first appearance, and the court may revoke pretrial release & order detention if the defendant materially violates the release condition.
Previously, judges had the discretion to release an accused person if the circumstances warranted it.
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Now, a person arrested for “dangerous crimes” may not be granted pretrial release.
Arson
Aggravated Assault
Aggravated Battery
Illegal Use of Explosives
Child Abuse or Aggravated Child Abuse
Abuse of the Elderly or Disabled Adult
Aircraft Piracy
Kidnapping
Homicide
Manslaughter, including DUI Manslaughter and BUI Manslaughter
Sexual Battery
Robbery
Carjacking
Lewd, Lascivious, or Indecent Assault or Act upon or in the Presence of a Child under the Age of 16
Sexual Activity with a Child who is 12 or older but less than 18, by or at solicitation of a person in familial or custodial authority
Burglary of a Dwelling
Stalking and Aggravated Stalking
Domestic Violence
Home Invasion Robbery
Terrorism
Manufacturing Drugs
Attempting or Conspiring to Commit any such Crime
Human Trafficking
Trafficking in Drugs
Extortion
Written Threats to Kill
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Ultimately, lower courts cannot reduce bail beyond state-set limits, which means more people are behind bars after their arrest but before trial, costing taxpayers more money.
“The county and the sheriff are responsible for anything that happens,” said Wesley.
It costs roughly $70 a day per suspect in jail.
Because every case is different, it is almost impossible to pin down how much more it will cost taxpayers. The state analysis said there would be a direct impact on the number of defendants in jail ahead of their first appearance or trial.
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