In 1978 the Florida Department of Corrections was sued for failure to regulate the 200 local jails in Florida and to enforce those regulations (Arias v. Wainwright). The Inspec tor General of the Department of Corrections is the "regulator" of jails by statute (F.S. Chapter 33-8). The state has been required to hire inspectors and enforce jail regulations for about 15 years; prior to the Arias v. Wainwrigh t decision, the state had not been enforcing them. Since the 1978 case, approximately 15 cases have been brought by the state against local governments who do not properly operate local jails; prior to this case it was necessary for inmates of the jails to sue local governments for violations of jail regulations prescribed by the state.
factors, and of funds to officer
may
accused
may pay also
ask the bond.
analyze
misdemeanant,
accused his source Although a police
similar
the
criteria
law
for
prohibits
punishable day
or
by prison
more.
Some
terms
of one year
examples
of
B A I L REFORM
CIRCUIT IN FLORIDA HAS ELIMINATED A PREVIOUSL Y EXISTING ST ANDARD BOND SCHEDULE IN RESPONSE TO THE BAIL
ACT
.
of the offense
Weight of the evidence against the defendant Family ties Length of residence in the community Employment history Previous flight to avoid prosecution Mental condition
circuit
may also consider
any other
in
overcrowding on the basis Bail Reform
and present conduct (including any previous record of convictions or flight to avoid prosecution) The danger that a release would pose to the community Whether the defendant is already on release pending other criminal proceedings or on parole, probation or other completion of sentence
The court
bond each
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.,.
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schedule bondable
..
This action has increased the population in Jacksonville's jail. Shepard has stated that standard bond schedules have never been authorized by law but have been permitted. Judge Shepard believes that decisions on bail must be made only by a judge. No other
. . . . . . Past .
I
offense, allowing immediate bonding following arrest. ) In August 1982, Chief Judge Clifford B. Shepard issued an administrative order which eliminated the standard bond schedule and required all those who had not previously had bond set by a judge to appear before a judicial officer for a first appearance hearing.
In 1982 the Florida Legislature passed the Bail Reform Act (F .S. 82-175). The first part of the Act regulates bail bondsmen. The second half addresses who can get bail, how bail is set, etc. The Act states that judges should set bail and sets certain criteria for judges to follow. Criteria reflect an analysis of The "dangerousness" of the individual (past record) Propensity to flee the jurisdiction
.
i
offenses are trespassing, disorderly conduct, simple assault, driving under the influence of alcohol/ drugs and reckless driving. Some examples of felony offenses are forgery, grand theft, driving under the influence and causing personal injury, robbery, writing checks when there are insufficient funds, rape, and murder. )
REFORM ACT. (A standard specifies a bond amount for
and circumstances
!
and a
misdemeanor
CHANGES IN PRETRIAL RELEASE PROCEDURES IN JACKSONVILLE, IMPLEMENTED AFTER THE PASSAGE OF THE BAIL REFORM. ACT, INCREASED JACKSONVILLE'S JAIL POPULATION. NO OTHER JUDICIAL
. Nature
I
from doing so for those charged with a felony. (Misdemeanors are crimes generally punishable by prison terms up to one year; felonies are
In October 1983 the Florida Department 'of Corrections notified the City of Jacksonville that it would take legal action unless the city showed a good faith effort to comply with the jail cap on an ongoing basis or made a commitment to build a larger jail facility. At this writing, the state has not initiated legal action.
. .
\
an
him
Florida
has
experienced
jail
problems similar to Jacksonville's of action taken pursuant to the Act.
The August 1982 administrative order also eliminated releases on surety bond and via the Pretrial Intervention Program, prior to first appearance. (See chart, page 17) However, some individuals who have an attorney are released prior to first appearance when the Chief Judge is called at home and agrees to a Release On Own Recognizance. The effect of eliminating the standard bond schedule and the above two programs is that a significant
relevant
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