Taxpayer-Funded Jail Release

In our previous post regarding taxpayer-funded releases from the Orange County, FL jail, we mentioned that we would be highlighting some cases in which defendants with serious charges and/or lengthy criminal histories were released from jail on unsecured means using taxpayer funds.

 

Again, the commercial bail industry understands the need to control jail populations and thus a taxpayer-funded pretrial release program can play a critical role in this regard.  However, those programs should focus on the first-time, non-violent offender who is indigent and cannot afford a monetary bond.  Indigency and non-violent crimes should be the key considerations for release using taxpayer funds.

 

Although public record, we will not be identifying the names of the defendants we will highlight to protect their privacy.  If members of the public wish to research these releases themselves they can readily do so by asking the Clerk of Court's office for the jail's pretrial release registries for a nominal fee.

 

Defendant #1 - arrested for possession of cocaine (TDF) and possession of drug paraphernalia (FDM) on October 29, 2012; released into the taxpayer-funded pretrial services program on November 29, 2012.  Defendant violated their pretrial release on January 7, 2013 and has a warrant for their arrest. 

Defendant has a criminal history dating back to 1989:

• 10/1989 - inmate of house of ill fame; direct/transport for purpose of prostitution; offer prostitution, lewdness, assignation (SDMs); adjudication withheld
• 5/1990 - controlled substance offense (TDF); disposition unknown
• 6/1990 - offer prostitution, lewdness, assignation (SDM); adjudicated guilty
• 10/1993 - offer prostitution, lewdness, assignation (SDM); adjudicated guilty
• 6/1994 - prostitution (3 counts) (SDMs); failed to appear; adjudicated guilty
• 8/1995 - prostitution or lewdness; prostitution (4 counts) (FDMs); adjudicated guilty
• 4/1997 - possession of drug paraphernalia (FDM); adjudicated guilty
• 1/1998 - battery (FDM); 2 failure to appears; violation of probation; adjudicated guilty
• 3/1998 - possession of controlled substance (TDF); adjudicated guilty
•  7/1998 - possession of controlled substance (TDF); possession of drug paraphernalia (FDM); adjudicated guilty
• 1/01 - controlled substance offense (TDF); possession of drug paraphernalia (FDM); adjudicated guilty
• 10/03 - resisting law enforcement without violence (FDM); adjudicated guilty
• 4/04 - driving with no valid driver's license (SDM); 2 failures to appear; adjudicated guilty
• 3/05 - possession of cocaine (TDF); possession of drug paraphernalia; failure to appear; adjudicated guilty
• 7/05 - driving with license suspended/revoked with knowledge (FDM); adjudicated guilty
• 8/05 - possession of controlled substance (TDF); driving with license suspended/revoked with knowledge (FDM); failure to appear; violation of probation; adjudicated guilty
• 1/07 - possession of cocaine (TDF); possession of drug paraphernalia (FDM); no information filed
• 8/07 - possession of controlled substance (TDF); possession of drug paraphernalia (FDM); violation of probation; adjudicated guilty
• 10/09 - battery (2 counts) (FDM); taxpayer-funded pretrial release; adjudicated guilty

This particular defendant was able to pay for a monetary bond nine (9) separate times; other release mechanisms included population control release; summons; taxpayer-funded release and via pleas with fines and court costs.

 

Given this defendant's criminal history, failures to appear and violation of probation, the public should question why they would be released on taxpayer funds.  Unfortunately, there are many other individuals who commit crimes that have no criminal history and justifiably could be considered for release on less stringent means.

 

Proponents of taxpayer-funded pretrial release programs repeatedly claim that only non-violent offenders with little criminal histories are released into their programs, which we are proving every day is not the case across the country.  Most defendants can only be released into these programs through a judicial order but some programs are still allowing jail staff to release defendants directly.

 

The commercial bail industry believes there needs to be a balance between an individual's criminal charge, their criminal history and their ability to pay for their own release before releasing someone on taxpayer funds.