IN THE CIRCUIT COURT, SIXTH JUDICIAL
CIRCUIT
ADMINISTRATIVE ORDER NO. 2007-041 PI-CIR
RE: AMENDMENT ONE TO COURT MONITORING OF JAIL
OVERCROWDING
In order to clarify that persons charged with a violation of probation may not be released by the Sheriff pursuant to paragraph 12 of Administrative Order 2007-032 PI-CIR but that persons charged with a violation of probation are to be released only pursuant to judicial review,
IT IS ORDERED:
Paragraphs 12 and 13 of Administrative Order 2007-032 PI-CIR are amended to read:
12. Structured release of pre-trial detainees.
When the population of the jail exceeds 3,300, the Sheriff is hereby authorized to release all inmates who fall within category (a) below. Should this fail to reduce the population to 3,300 or fewer, the Sheriff is hereby authorized to release all inmates in each successive category, one category at a time, until the population is reduced to 3,300 or fewer. Persons who are held on a charge of Failure to Appear or held on a capias for Failure to Appear, or who are required by Chapter 2007-002, Laws of Florida or other provisions of law to be held shall not be released. Persons who are held for crimes of domestic violence as defined by §741.28, Florida Statutes, non-domestic stalking (§784.048(2), Florida Statutes), any violation of a domestic violence injunction (§741.30(9)(b), Florida Statutes), any violation of an injunction for dating, repeat, or sexual violence (§784.046, Florida Statutes), or for violation of pretrial release where the original arrest was for an act of domestic violence (§741.29(6), Florida Statutes) and persons held on a violation of probation shall not be released through structured release but may be released through structured review provided in paragraph 13. Persons who are being held on a warrant from another jurisdiction shall not be released pursuant to this paragraph but may be released pursuant to paragraph two or three.
a. all inmates whose highest charge is a local ordinance violation or second degree misdemeanor who have been held in excess of 10 days may be released on unsupervised ROR.
b. all inmates whose highest charge is a local ordinance violation or second degree misdemeanor may be released on unsupervised ROR.
c. all inmates whose highest charge is a first degree misdemeanor who have been held in excess of 30 days may be released on unsupervised ROR.
d. all inmates whose highest charge is a first degree misdemeanor who have been held in excess of 10 days may be released on unsupervised ROR.
e. all inmates whose highest charge is a first degree misdemeanor may be released on unsupervised ROR.
13. Structured review of pre-trial detainees.
If the structured
release of pre-trial detainees specified in paragraph 12 has been fully
implemented but the population of the jail still exceeds 3,300, the Sheriff
shall notify the Criminal Administrative Judge, the State Attorney, and the
Public Defender. The Sheriff shall
provide the Public Defender with the information needed to set inmates, one
category at a time, on a bond calendar. If
the defendant is pro se or is represented by private counsel, the Sheriff shall
provide Court Administration with the information needed for the Court to set
the defendant on a bond calendar. The
Public Defender and Court Administration shall set such defendants in category
(a) and those in each successive category, one category at a time, on the next
bond calendar until the population is reduced to 3,300 or fewer. The defendants shall be set for further
review of bond status on the next regularly scheduled bond calendar that will
allow for adequate notice to the victim, if any. Persons who are held on a violation of
probation shall only be set on such calendars pursuant to subparagraph (a) or
subparagraph (j). Persons who are held on a charge of Failure to
Appear or held on a capias for Failure to Appear, or who are required by
Chapter 2007-002, Laws of Florida or other provisions of law to be held shall
not be included on such bond calendars.
a. all inmates whose highest charge is domestic violence as defined by §741.28, Florida Statutes, non-domestic stalking (§784.048(2), Florida Statutes), any violation of a domestic violence injunction (§741.30(9)(b), Florida Statutes), any violation of an injunction for dating, repeat, or sexual violence (§784.046, Florida Statutes), any violation of pretrial release where the original arrest was for an act of domestic violence (§741.29(6), Florida Statutes) or inmates who are held on a misdemeanor violation of probation.
b. all inmates whose highest charge is no more than one 3rd degree felony who have been held over 90 days.
c. all inmates who are charged with no more than one 3rd degree felony who have been held for over 30 days.
d. all inmates who are charged with no more than one 3rd degree felony who have been held for over 10 days.
e. all inmates who are charged with no more than one 3rd degree felony.
f. all inmates who are charged with no
more than two 3rd degree felonies who have been held over 90 days.
g. all inmates who are charged with no more than two 3rd degree felonies who have been held for over 30 days.
h. all inmates who are charged with no more than two 3rd degree felonies who have been held for over 10 days.
i. all inmates who are charged with no more than two 3rd degree felonies.
j. all inmates who are charged with violation of probation whose highest charge is a 3rd degree felony.
All other terms and conditions of Administrative Order 2007-032 remain in full force and effect.
DONE AND ORDERED in Chambers at
___________________________________
Robert J. Morris, Jr., Acting Chief Judge
cc: All Pinellas Judges
The
Honorable
The Honorable
The Honorable Jim Coats, Sheriff,
The Honorable
Gay Inskeep, Trial Courts Administrator
Ronnie E. Duncan, Chairman, Pinellas
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