Florida's Pretrial Services Programs Wasting Tax Dollars

Florida has 28 pretrial services programs funded by taxpayers that provide free jail release to hundreds of defendants each year – regardless of their ability to pay for their own release. Some defendants are court-ordered into the program or court-ordered to be released on their own recognizance (ROR), while others are released “administratively” by jail staff into the program or “administratively” ROR.

The Florida Legislature’s Office of Program Policy Analysis & Government Accountability (OPPAGA) is charged with evaluating the effectiveness and efficiency of Florida’s pretrial services programs. OPPAGA is statutorily required to produce an annual report on Florida’s programs that covers how the programs are funded, the nature of criminal charges of defendants, failure to appear rates and new arrests, compliance with statutory requirements, budget and outcome information, participant fees and compliance with the Citizens’ Right-to-Know legislation.
 
OPPAGA was asked by the presiding officers of the Florida Senate and House of Representatives to conduct follow-up research based on their last annual report dated December 2010. This additional research compared 2008 and 2009 pretrial services budgets, percentage changes in index crime rates for 2008 and 2009, jail population and occupancy rates and fees charged to program participants.

The annual budget for Florida’s pretrial services programs for fiscal year 2009  range from a low of $100,526.00 to a high of $5,358,619.00. Twelve counties had an increase in their 2009 budget over fiscal year 2008 despite a decline in the percentage of the index crime rate within the county. The following counties who had increased budgets for 2009 are below:

• Broward: 3.05 percent budget increase; -4.0 percent decrease in crime
• Charlotte: 1.0 percent budget increase; -16.5 percent decrease in crime
• Collier: 26.24 percent budget increase; -6.1 percent decrease in crime
• Duval: 41.40 percent budget increase; -10.1 percent decrease in crime
• Leon: 120.73 percent budget increase; -7.5 percent decrease in crime
• Miami-Dade: 9.03 percent budget increase; -6.8 percent decrease in crime
• Okaloosa: 14.03 percent budget increase; -8.4 percent decrease in crime
• Orange: 134.43 percent budget increase; -12.2 percent decrease in crime
• Osceola: 4.26 percent budget increase; -3.3 percent decrease in crime
• Palm Beach: 0.44 percent budget increase; -4.5 percent decrease in crime
• Polk: 0.71 percent budget increase; -7.8 percent decrease in crime
• Santa Rosa: 21.25 percent budget increase; -8.6 percent decrease in crime

OPPAGA also found that jail populations and occupancy rates varied greatly among all Florida counties.  Furthermore, they determined that there was no correlation between a county's occupancy rate and whether or not they have a pretrial services program. 

This fact is important as advocates of taxpayer-funded pretrial services programs have said that without such programs it will accelerate the need to build more jail beds.  We know this is not the case.  In fact, Pasco County eliminated its pretrial services program in February 2009 and saved taxpayers $348,000 annually.  OPPAGA's most recent follow-up report stated that Pasco County's jail population did not increase after eliminating its pretrial services program.  Nor has the population of the 39 other Florida county jails that don't have a pretrial services program dramatically increased.

Florida taxpayers should let their legislators know that their critical tax dollars should be spent more wisely than providing free release from jail!