NCJ Number
85799
Date Published
1981
Length
19 pages
Annotation
This report presents pretrial reform recommendations, developed in 1981 by the Governor's Task Force on Criminal Justice System Reform in Florida.
Abstract
The task force has approved recommendations providing for pretrial release based on nonfinancial considerations and for the pretrial detention of dangerous persons. If implemented, these recommendations would result in a substantial restructuring of the State's pretrial release system. There are three major thrusts to the recommendations. First, Florida statutes and court rules would be amended to state a presumption in favor of the defendant's release prior to trial based upon the defendant's promise to appear. This presumption places the burden upon the State to show that a person should be detained while awaiting trial. Second, the task force would remove the dominant role that financial considerations play in release and base the release decision on such factors as residence, family ties, and employment. Finally, the establishment of criteria for the detention of arrestees considered dangerous is recommended. At present, only those arrested for capital and life felonies are denied the right to bail. Under the suggested modification, a defendant could also be detained if release would constitute a threat to community safety or to trial integrity. (Author summary modified)