IN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES

ADMINISTRATIVE ORDER 2-37.0

JUDICIAL AUTHORIZATION FOR PRETRIAL SERVICES

TO RELEASE PRE-TRIAL DETAINEES

Whereas, this Circuit implemented Pretrial Services in 1982 to assist in alleviating jail overcrowding in Polk County; and,

Whereas, Pretrial Services makes recommendations to the First Appearance judges to release certain pretrial detainees based on established criteria; and,

Whereas, it appears that the earlier existence of a court order to Pretrial Services would further alleviate jail overcrowding and eliminate an overnight stay for certain defendants, it is hereby:

ORDERED AND ADJUDGED that effective February 20, 1995, the circuit and county judges may authorize Pretrial Services to release a defendant after booking and prior to first appearance, using the procedures below.

1. When ordering a capias, the judge may specify that it is a "pretrial release capias," indicating that the defendant should be arrested and booked in, but may be released by Pretrial Services if the defendant meets the eligibility requirements in Section 3 below.

2. If such a "pretrial release capias" is ordered by a judge, the Clerk's Office will ensure that "PTR, AO 2-36.0" appears in the comments section of the capias prior to issuance. (This acronym indicates that Pretrial Services has thereby been granted pretrial release authority by the judge issuing the capias, pursuant to Administrative Order 2-36.0, if the defendant meets the eligibility requirements in Section 3 below.)

3. When a defendant is booked in pursuant to a capias indicating "PTR, AO 2-36.0," Pretrial Services has thereby been granted release authority, unless the defendant:

a) has plead guilty to or been found guilty of a violent felony or more than one non-violent felony in the past five years, regardless of adjudication; or,

b) has been incarcerated in a federal or state penal institution; or,

c) is currently on a pretrial release program or on bond pending the outcome of another felony matter; or,

d) has a history of failing to appear; or,

e) is on probation for another offense; or,

f) has an obvious mental illness; or,

g) appears dangerous or potentially dangerous to himself/herself or other persons; or,

h) does not have a verifiable residence in Hardee, Highlands, Hillsborough, Orange, Osceola, or Polk County or own any real property therein.

4. If Pretrial Services determines that a defendant is not eligible for release pursuant to Section 3 above, the standard bond amount, as set by the current bond schedule, would be applicable unless otherwise indicated by the judge issuing the capias.

DONE AND ORDERED on this 6th day of February, 1995.

Randall G. McDonald, Chief Judge