Orange County, Florida Jail's Community Corrections Unit

For the last several weeks, there have been many news reports and articles on the Orange County, Florida jail’s home confinement program.

Some of the most quotable quotes include the following:

“The judge may have revoked the home confinement, but we’ll never know because he was never told.”   Chief Judge Belvin Perry, Jr., Ninth Judicial Circuit

“My concern is that there is potentially a development of a culture of complacency that just cannot be tolerated when we are talking about public safety.”  Orange County Mayor Teresa Jacobs

“Nobody has given me an explanation I’m satisfied with, which is why we are suspending the program [home confinement] and seven people have been reassigned.”  Orange County Mayor Teresa Jacobs

“Since they are not monitoring you anyway, I’m not sure what you are paying for.”  Circuit Judge Janet Thorpe, Ninth Judicial Circuit

“Home confinement is not home confinement . . . I think all the judges in the Ninth Circuit . . . [are] concerned about what the courts’ perception [is] about what home confinement was compared with what it is.”  Circuit Judge Alan Apte, Ninth Judicial Circuit

Internal notes even reflect grave concerns with the home confinement program.  And the man in charge, Corrections Chief Michael Tidwell, said he was never made aware of any problems with home confinement.  As asked by Kathi Belich with Channel 9 news, “You don’t know if there’s a culture of complacency at your own jail?  If you don’t who does?”

However, home confinement is not the jail’s only program that should have a thorough review.

The other pretrial monitoring program the Community Corrections unit is responsible for is the pretrial release program, which Accredited Surety has been monitoring routinely and which we have shared our concerns about with the Orange County Board of County Commissioners and County Administrator staff and the Chief Judge of the Ninth Judicial Circuit.

The pretrial release program is funded by tax dollars to the tune of approximately $2.8 million for fiscal year 2013.  The program budget is divided into two parts:

• $1.4 million for inmate identification, court information and release processing  
• $1.4 million for post-release supervision

Let us help you understand the program from a lay person’s perspective:

You are arrested for the following offense(s), you may or may not have a criminal history and you may or may not be indigent:  

• Driving under the influence
• Grand theft 3rd degree 
• Battery domestic violence
• Tampering with witness to hinder communication to law enforcement
• Child abuse and neglect
• Battery by strangulation domestic violence
• Aggravated battery with deadly weapon domestic violence
• Possession of cocaine
• Violation of probation
• Aggravated battery great bodily harm domestic violence
• And, many more

If you have not bonded out on a cash bond or through a bail agent within 24 hours, you then go before the judge for your “initial appearance” where the facts of the case will be reviewed and your release mechanism decided. 

In all of the examples above (and many more), the defendants arrested for these crimes were released on taxpayer dollars to be “supervised” by the Community Corrections unit.  Your tax dollars are paying for this release regardless of whether or not the defendant has been declared indigent or whether they can afford their own release.  Many of these defendants have lengthy criminal histories, failures to appear and have been able to pay for their own release in the past. 

We now know what level of “supervision” defendants on home confinement received; well the pretrial release program is even less.

When a defendant is placed on pretrial release their level of supervision is to call-in to an automated telephone answering machine once a week or month; rarely is there any one-on-one supervision. 

In monitoring releases, we noticed that almost every defendant arrested for a domestic violence related offense and who attends an initial appearance session, is released by a judge on the taxpayer’s expense into the pretrial release program.  Domestic violence offenses continue to be one of the most dangerous crimes committed and the purpose for recently reconvening the Domestic Violence/Child Abuse Commission.  Accredited was so alarmed by the number of defendants charged with domestic violence that were being released with no accountability and who could potentially return immediately to the victim, that we sent an analysis to the Chief Judge for his review.   From August 5-December 22, 2012 alone, 257 defendants arrested for domestic violence related offenses were released to the pretrial release program; 76 so far up to March 2, 2013.

Prior to 2009, jail staff was allowed to release defendants “administratively” into the pretrial release program with no judicial oversight.  Through Accredited’s analysis showing that defendants with serious charges and lengthy criminal histories were being released by lay staff, the Board of Orange County Commissioners had a detailed worksession on the program and expressed grave concern regarding defendants being released by jail staff – which the county commission would be liable for if a defendant committed a heinous crime.  The Chief Judge ultimately revoked this “administrative” process once again requiring that only a judge could make this judicial release decision.

If you are going to have a government-funded supervision program using limited and critical tax dollars, it should be run effectively and be routinely audited to make sure it is efficient and puts public safety first.  However, once these huge bureaucratic programs are in place with large staffing models, the will to disband them is hard to seek.

Mayor Jacobs is applauded for having the National Institute of Corrections conduct an overall review of the Community Corrections’ programs – this is the time to analyze what programs are effective and those that aren’t and make the necessary cuts if needed.  The taxpayers deserve such review.

Public policy affects public safety.

New Florida Sheriff Institute

The American Bail Coalition, of which Accredited Surety and Casualty is a member, had the honor of hosting a reception for Florida's new Sheriffs on Wednesday, December 5, 2012 at the Governor's Club in Tallahassee, Florida.

The Florida Sheriffs Association (FSA) invited the American Bail Coalition to sponsor a key event for the new Florida Sheriffs as a way to honor our long-standing partnership with law enforcement across the country.  The American Bail Coalition and its members are dedicated to the long-term growth and continuation of the surety bail profession.

Florida's 66 elected Sheriffs run for office every four years during the Presidential election cycle.  This year 16 new Sheriffs were elected in Florida and were invited to the FSA's "New Sheriff Institute" where they receive an overview of their unique role in the criminal justice system and the responsibilities of their offices as outlined in state and federal law.

All of the newly elected Florida Sheriffs attended the reception as well as a number of their key staff.  Accredited Surety and Casualty had the opportunity to make a brief presentation to the new Sheriffs during a training session the following day. 

Mr. Hank Snow, who founded Accredited Surety and Casualty, was himself a law enforcement officer first with the Florida Highway Patrol and later with the Orlando Police Department.  Mr. Snow's daughter Sharon Jallad, Chief Operating Officer for Accredited, shared with the new Sheriffs Accredited's long partnership with Florida's law enforcement community and our continued commitment to helping Sheriffs reduce jail overcrowding and enhance public safety.  Accredited and the American Bail Coalition also committed to being a key resource and partner with Florida's existing and new Sheriffs regarding the role bail agents play in the criminal justice system.  

As a valued member of the FSA corporate family, Accredited looks forward to working closely with the Association and Florida's Sheriffs on key areas regarding jail overcrowding and public safety.  We congratulate all of the new Sheriffs and the critical work law enforcement does every day to keep our communities safe.

NAPSA: Be Truthful Regarding Pretrial Release Methods

The National Association of Pretrial Services Agencies (NAPSA) has on the home page of their website a link to an article from the Orlando Sentinel dated September 22, 2009 entitled, "Orange rejects bail bondsmen's criticism of its pre-trial release program." However, NAPSA has intentionally failed to post any subsequent media news articles showing successful lobbying efforts by the private surety bail industry to curtail ineffective and dangerous pretrial release practices at the Orange County, Florida jail.

NAPSA's ruse to use only one article with a title that seems to dismiss claims by the private surety bail industry that pretrial services/release practices are less effective, is evidence that they wish to hide any victories the industry may gain in calling attention to the negatives in the pretrial services industry.

The private surety bail industry nationwide is standing firm in a unified front to show the real public safety consequences and irresponsible use of millions of tax dollars to release and supervise defendants from jail with little to no accountability. NAPSA and like organizations are facing greater scrutiny for their release practices that cater more to criminal defendants than hard working law abiding citizens.

Don't be fooled by their rhetoric! To learn the rest of the story read below:

Judge Perry Agrees to Bail Bond Industry Demands on Pre-Trial Release
posted by David Damron on November 10, 2009 - Orlando Sentinel

"After a legal and political full-court press by bail bond agents, Orange-Osceola Chief Judge Belvin Perry agreed to change the rules governing a pre-trial release program the industry had sought, he said Tuesday.

The judge's move could force an estimated 17 extra Orange County prisoners to spend a night in jail to see a judge the next day. Under Perry's previous order, jail officials could determine if inmates qualified for the program, and release them before a judge reviewed the case. Currently, only inmates who bond out on less-severe crimes can avoid seeing a judge before going back on the street.

The bond industry recently filed a legal challenge to Perry's order governing such programs. In September it paid for 50,000 fliers to be sent to Orange homes arguing that the program released violent criminals from jail without ever seeing a judge.

Perry disagreed, and said that the rules he set up for such programs followed state guidelines, and prisoners who bond out could continue to avoid seeing a judge in many cases. But after consulting with Orange jail officials, Perry said he was comfortable with requiring pre-trial release inmates to see a judge.

Accredited Surety and Casualty Company, the Orlando bail bond agency behind the fight, was pelased with Perry's recent rule change. A company spokeswoman said it, "prohibits jail staff from making any release decisions," and requires anyone not released on bond to have a judge look at their case."

Safer Release Methods in Place at the Orange County Jail vs. Pretrial Services/Release

As of 11/30/2009, there were 1,861 arrests made over a 30-day period in Orange County, Florida. A snapshot of 500 recent defendants booked into the jail over a period of a few days covering the 30-day period, and their associated charges, reveal that crime is not down nor necessarily less violent. Many of the arrested individuals had multiple charges. Prior to November 5, 2009 and before the Chief Judge of the Ninth Judicial Circuit reversed himself and amended the administrative order govering release from jail, 34 of the offenses for which these 500 individuals were arrested on were eligible for "administrative pretrial release" whereby jail staff would make a release decision without any judicial involvement.

Based on a citizen and media campaign by the private surety bail industry, and backed by facts showing the types of crimes defendants were being released on without any judicial involvement, the Chief Judge revoked "administrative pretrial release" and ordered that only a judge could release an individual into a pretrial release program in Orange County. The industry had argued that pretrial release programs offer minimal supervision for defendants charged with serious offenses, many of whom had prior criminal histories, and that tax dollars should not be spent to provide a service that private industry does for free with much more successful results. Due to pending legal litigation on behalf of Accredited over such release, someone decided to listen to us.

So you have a better understanding of the types of crimes individuals are continuing to commit in Orange County, Florida, below is a breakdown of such offenses for the snapshot of the 500 arrestees over the course of just a few days:

• DUI - 58 offenses total, 3 of which included prior arrests
• DUI manslaughter - 1 offense
• DUI vehicular homicide - 1 offense
• Possession of cocaine - 16 offenses total, to include 7 with intent to sell/deliver and 3 with armed possession
• Possession of cannabis - 43 offenses total, to include 8 with intent to sell/deliver
• Possession of drug paraphernalia - 27 offenses
• Possession of controlled substance - 16 offenses total, to include 8 with intent to sell/deliver/traffic
• Possession of heroin - 4 offenses total, to include 2 with trafficking
• Buglary of a dwelling - 9 offenses total, to include 2 to an occupied dwelling and 1 with assault in an occupied dwelling
• Burglary of a structure/conveyance - 12 offenses total, to include 1 to an occupied structure/conveyance and 1 armed burglary
• Robbery - 8 offenses total, to include 6 with force or a weapon
• Carrying a concealed weapon/firearm/ammo - 18 offenses total, to include 1 by a minor, 1 with altered serial number, 4 by convicted felons, 3 by convicted felons in commission of a felony, 1 with firearm/ammo in domestic violence context and 1 possession of ammo by convicted felon
• Carjacking with a firearm - 2 offenses
• Battery - 18 offenses total, to include 4 on law enforcement/security and 1 felony battery
• Aggravated battery/assault - 17 offenses total, to include 1 causing permanent disfigurement, 11 with a weapon and 2 on law enforcement with a deadly weapon
• Assault - 2 offenses
• Aggravated battery on a pregnant person - 4 offenses
• Domestic violence - 49 offenses total, to include 4 by strangulation and 2 with hindering communication with law enforcement
• False imprisonment - 3 offenses
• Stalking/aggravated stalking - 4 offenses total, to include 1 after an injunction
• Kidnapping with intent to commit felony - 1 offense
• Sexual battery - 3 offenses total, to include 1 with a weapon
• Sexual battery on a child - 3 offenses
• Show obsence material to a child - 1 offense
• Lewd/lascivious conduct/molestation - 2 offenses
• Petit theft - 16 offenses total, to include 4 with prior arrests
• Retail theft - 2 offenses
• Dealing in stolen property/pawn broker - 4 offenses
• Tresspassing - 16 offenses
• Driving with no valid driver's license - 15 offenses
• Driving with license suspended/revoked - 57 offenses total, to include 7 with knowledge and 11 habitually revoked
• Grand theft - 29 offenses total, to include 1 grand theft, 27 grand theft 3rd degree ($300-$5000) and 1 grand theft 1st degree (>$100,000)
• Reckless driving - 5 offenses
• Driver's license violation/expired tag/no registration/no endorsement - 9 offenses
• Threatening a public servant - 1 offense
• Disorderly conduct/intoxication - 14 offenses
• Criminal mischief/loitering or prowling - 11 offenses
• Open container/panhandling - 6 offenses
• Resiting law enforcment officer - 34 offenses total, to include 2 with violence
• False reports/ID to law enforcement - 5 offenses
• Fleeing/eluding law enforcment with lights and sirens - 7 offenses
• Destruction of evidence - 3 offenses
• Leaving scene of an accident - 4 offenses
• Staging motor vehicle crash - 1 offense
• Fraud/scheme to defraud - 8 offenses total, to include 2 for uttering forged check/bills, 1 defrauding an innkeeper and 1 exploiting the elderly
• Retailiating against a witness - 1 offense
• Violation of an injunction - 2 offenses, 1 for repeat violence (non-intimate partner) and 1 for domestic violence
• Unlicensed health practices - 2 offenses
• Desertion - 1 offense
• Prostitution - 1 offense
• Unlawful use of two-way communication device - 2 offenses
• Child abuse - 1 offense
• Attempted murder - 2 offenses
• Fugitive from justice - 2 offenses
• Failure to appear - 16 offenses
• Violation of probation - 32 offenses

Previously individuals arrested for such offenses would be asked if they wanted to get out of jail free or pay a bail agent to get out. In these tough economic times, what do you think the answer would be? But also ask yourself who is responsible for ensuring appearance in court until the case is resolved.

Defendants walking out of the jail under the pretrial release program rarely have face-to-face contact with jail staff and most are usually required to simply call into an automated telephone system for supervision weekly or bi-weekly. In contrast, defendants released on bail are integrally involved with their bail agent and have a network of family and friends involved in the bail contract to ensure compliance and no new law violations. Agents are financially and physicially responsible for defendants they release on bail - they don't show for court, the agent MUST by law pay the FULL bond amont, and not just the premium, back to the court within 60 days. Under a pretrial release program, more of your tax dollars are spent to find, re-arrest, re-book and then go through the court process once again. A excessive use of your tax dollars!

The private surety bail industry is committed to protecting public safety and ensuring the wise use of taxpayer funds. We stand behind you and will help protect you and our families.

Accredited Surety and Casualty: A Caring Employer and Leader in the Private Surety Bail Industry

Anyone who has a job in these tough economic times is blessed!

As companies strive to balance their budgets, many have been forced into freezing or cutting positions, cutting back work hours, deleting any company "perks" such as raises, health and retirement benefits, holiday parties/events, etc., while taking a hard look at the bottom line.

For those of us who are blessed to remain employed, we generally strive to do our best to support the overall company mission while continuing to do the best job we can to help our companies remain viable in our community.

Once in awhile you find yourself having the opportunity and priviledge to work for a company, that even in the worst of times, continues to show its employees that they are valued partners in the business.

Accredited Surety and Casualty Company, Inc. is one of those companies.

Accredited employees go above and beyond every day because we work for a company, while like others has faced tough business decisions along the way, that truly cares about its employees and their families and promotes its mission and business philosophy in all that it does. Accredited, like other companies, has had to re-evaluate its core mission and service and adjust the business accordingly. However, the morale and enthusiasm of employees remains high.

Run by sisters Debbie and Sharon Jallad, Accredited never ceases to give back to its employees, agents, friends and community. The company values the hard work, dedication and loyalty of all of their employees and even in these tough times, finds ways to let us all know that we are truely welcomed in the Accredited family.

Not many companies have the national reputation, business and fiscal excellence, strong public safety policies, leadership qualities and business ethics that Accredited has. Accredited employees are proud to work for Accredited as we are not only valued as professional partners in the business, but also as family.

Happy Thanksgiving to all of the Accredited family, our friends and colleagues.

Accredited - you are the BEST!