Pretrial Release: Is this Issue on the Radar for Candidates for Orange County Mayor?

Pretrial services/release programs are facing increased scrutiny across the nation for their liberal release procedures and minimal supervision practices. In today's tough economic environment, many government-funded programs and services are being cut, including public safety. Elected officials must look closely at how limited tax dollars are spent, while still balancing the budget.

So why are county and state governments across the country continuing to spend millions of tax dollars on pretrial services/release programs to release and "supervise" criminal defendants when the private sector does so for free and much more effectively? Why for example is the National Association of Counties, a membership organization whose primary members are counties that use tax dollars to pay a membership fee, advocating for increased use of taxpayer funds to establish, run and manage pretrial services/release programs locally?

In Orange County, Florida, the private surety bail industry has been instrumental in bringing to light the kinds of releases happening through the jail's pretrial services/release program, which is funded at $1.7M. Using the jail's own information required through the Citizens' Right-to-Know Act, the industry was able to prove that defendants charged with serious offenses, who had lenghthy prior criminal and/or driving offense histories, failures to appear and violations of probation, were routinely being released through the program - all without ever seeing a Judge. After such releases were made public to the citizens and a legal challenge was filed with the 5th District Court of Appeal, the Chief Judge and other elected officials suddenly decided to change the release process, which now requires a Judge's order for release through the pretrial services/release program.

A victory for the industry for sure, yet the same level of funding is still in place even though jail staff are supervising many less defendants than previously. And a new disturbing trend is taking place: the Initial Appearance Judges are now ordering more defendants into the program without any financial conditions and continued limited supervision. Defendants are being released for domestic violence, petit theft, burglary of a conveyance, driving with license suspended/revoked, no valid driver's license, possession cannabis and drug paraphernalia, possession of oxycodone, battery, DUI, trespassing after warning, criminal mischief and aggravated battery on a pregnant person! All released free of charge on your tax dollars!

Seven candidates are running for Orange County Mayor, three of which are incumbents: Commissioners Mildred Fernandez, Linda Stewart and Bill Segal. The three incumbents are thoroughly versed in the issues regarding the private surety bail industry's concerns regarding the amount of taxpayer money going to run a huge bureacratic program and the effect on public safety.

Pretrial services/release programs have no constituency to back their cause except their own narrow interests - that of maintaining the status quo and their government funding. Florida legislation is being proposed that would require more accountability from these programs; they are fighting it because they are fearful of further transparency that may ultimately result in less taxpayer funding.

The candidates for Orange County Mayor should take note that their constituents do not support such programs. In response to a mailer sent to thousands of households regarding the types of releases occurring through Orange County's pretrial services/release program, citizens emphatically insisted that they did not want their tax dollars spent to reward criminal behavior! Counties are not required to establish and/or run a pretrial services/release program; if Judges want to release defendants with no monetary conditions, they have discretion to do so already - it's called release on recognizance. The only function county or state governments should consider funding regarding pretrial services is to provide enough adequate staff to perform the investigatory function into a defendant's background for a meaningful first appearance session so that a Judge can make an informed release decision. This one critical function would save significant tax dollars by eliminating the remaining unnecessary functions of pretrial services/release programs.

If the candidates for Orange County Mayor care about how your tax dollars are spent in the future, they should listen to your concerns and make the issue of pretrial services/release programs a part of their platform and lobby for greater accountability and transparency.

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.