IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2-41.1

IN RE: PROCEDURES TO BE FOLLOWED ON FAILURES TO APPEAR DUE TO UNSERVED SUMMONSES

WHEREAS Polk County is experiencing a problem with jail overcrowding, exceeding capacity levels on an average of 310 inmates per day in December, 1996, and;
WHEREAS research indicates that approximately 34 defendants are arrested on a monthly basis for failing to appear for a court hearing for which they were never served notice, and;

WHEREAS, Administrative Order 2-37.0 creates the pretrial release capias ("PTR Capias"), giving judges the option of authorizing Pretrial Services to release defendants after book-in and prior to first appearance if certain criteria are met, avoiding an overnight stay in the jail, it is accordingly;

ORDERED AND ADJUDGED that effective this date:

1. Where the court issues a capias for a defendant who fails to appear for a court hearing, and the court records reflect that a summons was issued, but was not served, the capias shall be designated a PTR Capias as described in Administrative Order 2-37.0.

2. If the assigned judge is not aware that the summons was not served at the time the capias is ordered, and the Clerk's Office determines that the summons was not served prior to completing the paperwork on the capias, the Clerk's Office shall change the capias to a PTR Capias, in accordance with provision 1 of this order.

3. This order applies to Polk County only.

DONE AND ORDERED in Chambers, at Bartow, Polk County, Florida, this 11th day of February, 1997

CHARLES A. DAVIS, JR.

Chief Judge