Proposed law challenges pretrial release program

By BRAD DICKERSON Highlands Today Published: March 29, 2010

SEBRING - The Highlands County Jail currently houses approximately 374 inmates, according to Lt. Kenneth Pendarvis.

If pretrial release programs weren't in place, the population would grow by 60 or 70, which is the number of Highlands County offenders presently out on pretrial release, Pendarvis said.

Of that number, 60 percent were originally released on a surety bond, but a judge ordered that the pretrial program supervise them.

"They still have to call in how many number of days the judge requires," Pendarvis said.

The lieutenant, who oversees Highlands County's pretrial release program, said a bill moving through the Florida state legislature could eliminate that.

House Bill 445 would order a defendant who seeks to post a surety bond to do so without an interaction with, or restriction by, the pretrial release program, among other criteria.

In essence, as the bill would pertain to Highlands County, if adopted into law, an inmate would either be out on pretrial release or out on bond, and not both, according to Pendarvis.

"The bondsmen are the ones who are really pushing this very heavily," he said.

Jimmy Sottile, of Sottile Bail Bonds, said the big push for a pretrial release program was to help out offenders who were either poor, charged with a non-violent crime, a first-timer or mentally ill.

He agrees that some people should be pretrial released, such as an 82-year-old woman with dementia who had to appear in court for a traffic summons. Sottile said this woman did not receive pretrial release and he bonded her out.

"It's almost like a mockery, because the bail has been around since the Constitution was written," he said. "Where did this pretrial release come from?"

A judge determines who gets pretrial release, Pendarvis said. An investigation is ordered - usually at first appearance - and then the request is either approved or denied, at which time a bond is set.
Pendarvis said the judge will base his decision to order a pretrial investigation on what he reads in the arrest affidavit.

Domestic violence cases often have an investigation ordered, according to Pendarvis. In these cases, the alleged victim will be contacted and asked if he or she would be comfortable with pretrial release.

"It really is a case-by-case basis, and that's determined by the judge at first appearance," Pendarvis said.

The proposed legislation would not allow those charged with a violent offense to be eligible for pretrial release. The bill states a defendant could only participate if they are charged with a misdemeanor or a felony that is not a dangerous crime.

Pretrial release would also be off limits to those with a history of failing to appear at any court proceeding, who are on probation and who have prior violent convictions, according to the bill.

These proposed changes don't sit well with some.

"This legislation would significantly reduce the number of individuals released to pretrial supervision programs, which affords them the opportunity to address their needs," said Sarrah Carroll, legislative advocate, public safety and administration for the Florida Association of Counties, via e-mail. "By addressing the needs of these individuals at the earliest possible stage goes a long ways towards addressing public safety and the likelihood of the individual reoffending."

Sottile would rather see the pretrial release program go away, and all offenders get a minimal bond put on them. This would take the responsibility of their appearing in court off the county and put on to the bondsmen.

"My income has dropped off so bad," Sottile said. "You can see 10 people go to jail and nine of them could be pretrial released."

He added that bondsmen have a time limit that they have to get a defendant back into court. If the offender doesn't show up, the bondsman has to pay the full amount of the bond.

"If I had the failure to appear rate that pretrial release has, I'd be out of business," Sottile said