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HomeMy WebLinkAbout10-068 RESOLUTION NO. 10-068 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 782 AND HOUSE BILL 445 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. If passed Senate Bill 782 and House Bill 445 would require all pretrial release programs limit the eligibility requirements for entry into a pretrial release program, require program staff to certify in writing to the court the defendant's eligibility for the program, and prohibits pretrial programs from collecting fees. 2. The passage of Senate Bill 782 and House Bill 445 would adversely affect release decisions at First Appearance and carries enormous consequences not only for the defendant but also for public safety, the integrity of the criminal justice system and the utilization of our often overtaxed criminal justice resources. 3. Chapter 907, Florida Statutes, provides conditions under which the judiciary can release a pretrial defendant. These guidelines are used statewide and they support the presumption that a nonmonetary release is desired. 4. Detaining employed defendants, who are otherwise eligible for pretrial release increases social and economic costs to support families of incarcerated defendants. 5. More than 50 percent of the Florida pretrial jail population is sitting in jail merely because they cannot afford to post what the Court has determined to be a reasonable bond. 6. Research has repeatedly reported those defendants who are not released prior to trial, even when all other factors are similar, receive harsher and longer sentences than those who were released prior to trial. It should be noted this effect not only drives up jail populations, it also drives up state prison populations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board urges the Florida Legislature to oppose Senate Bill 782 (SB 782) and House Bill 445 (HB 445). Section 3: The County Administratorisherebydirectedtosendacopyofthisresolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 16th day of February, 2010. BOARD OF COU { TY COMMISSIONERS ATTEST: ~ ST. LUCIE COl1N~ ,FLORIDA BY: _ Deputy Clerk Chairmfa. ~,,r~~"~~ APPROVED AS TO FORM AND CORRECTN SS: ~ v,;, r~' .~r'. ~ , ~ ~`r ` ~ 4 BY• ~ County Attorn y 4 ~ ~ ~ -4 ~ ~ F ~f, B ~ f: