Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CR-2017-002-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Bail Schedule for Flagler, Putnam, St. Johns and Volusia counties

Ref: CR-2017-002-SC

WHEREAS, the right to reasonable bail in certain circumstances is an essential part of the criminal justice system, and

WHEREAS, a bail schedule enables bail to be set in a uniform manner before First Appearance for certain alleged offenders arrested without a warrant, and

WHEREAS, a bail schedule is necessary to ensure uniformity and equality of treatment to alleged offenders who may be entitled to release prior to First Appearance before a judge,

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

ADOPTION OF BAIL SCHEDULE:  Except in cases where bail has previously been set or denied (as, in a warrant), the Bail Schedule set forth in this order and by attachment (PDF) incorporated by reference is established with respect to release of alleged offenders prior to First Appearance and thereafter unless modified in accordance with the Florida Rules of Criminal Procedure on a case-by-case basis, or in accordance with exceptions specifically set forth in this order.

This bail schedule is for use in setting bail in Flagler, Putnam, St. Johns and Volusia counties before First Appearance, and is not intended to and does not in any manner bind judges conducting First Appearance hearings or bond hearings.  Judges setting bail as a condition of release may set such bail in any reasonable amounts in accordance with the factors set forth in the Florida Rules of Criminal Procedure and Florida Statutes.

WARRANTS:  Bail prior to first appearance for persons arrested on a violation of probation warrant, a failure to appear warrant, or an arrest warrant, shall be as provided for in the warrant, but if the warrant is silent as to bail amount, the bail shall be as provided in this order.

EXTRADITION CASES: Bail amounts set by judges in extradition cases must be in conformity with §§ 941.15 and 941.16, Florida Statutes.

SPECIAL CONDITION OF RELEASE – PROBATION/COMMUNITY CONTROL:  Any person arrested in Flagler, Putnam, St. Johns or Volusia counties who, on the date of arrest, is on probation or community control with supervision by the Florida Department of Corrections shall, as an additional condition of release, report to the DOC probation office before the close of business on the first business day following release, and comply with all terms and conditions of his/her probation/community control order.  Any such arrested person shall not be released until instructed of this special condition by a booking officer/jail official.

SPECIAL CONDITION OF RELEASE – VIOLENT OFFENDERS AND SEXUAL OFFENDERS:  Any person arrested for an offense involving an allegation of violence to another person or for any sexual offense shall, as an additional condition of release, be prohibited from having direct or indirect contact with any person listed as a victim in the arrest report, unless otherwise determined by a judge.  Any such arrested person shall not be released until instructed of this special condition by a booking officer/jail official.

TEMPORARY DETENTION:  If, in the opinion of the arresting officer or booking officer, further violence or additional violations of law are likely to imminently result if an arrested person is released in accordance with the bail schedule herein adopted, so that no release on bail can reasonably protect the community from risk of physical harm to person, or assure the presence of the arrested person at trial, an Assistant State Attorney may be notified, and said Assistant State Attorney may contact a judge for authority to detain the alleged offender in custody until First Appearance.

BAIL BEFORE CONVICTION; CONDITION OF UNDERTAKINGIf a person is admitted to bail for appearance for a preliminary hearing, or on a charge that a judge is empowered to try, the condition of the undertaking shall be that the person will appear for such hearing, or to answer the charge, and will submit to the orders and processes of the judge trying the same, and will not depart without leave.

If a person is admitted to bail after being held to answer by a judge, or after an indictment or information on which the person is to be tried has been filed, the condition of the undertaking shall be that the person will appear to answer the charges before the court in which he or she may be prosecuted and submit to the orders and processes of the Court, and will not depart without leave.

EFFECT OF FILING NOTICE OF NO INFORMATION OR NOLLE PROSEQUI:  If a person arrested for any offense(s) occurring within Flagler, Putnam, St. Johns or Volusia counties is admitted to bail but has not yet been released from custody, and the State Attorney files a notice of No Information or Nolle Prosequi with respect to all charges arising out of a single arrest, jail officials shall, without further order of Court, release the person from custody as to the charges named.

As to the named charges and person, all bail undertaking, not defaulted, shall be canceled, all sureties on undefaulted bail shall be exonerated and all release on recognizance obligations shall be discharged without further order of Court.  A bench warrant or capias which may be outstanding and is yet unserved upon a named individual for a specified charge shall also be canceled upon the filing of a No Information or Nolle Prosequi, without further order of Court.

IT IS FURTHER ORDERED that all previous administrative orders that provide for the setting of bail or bond before First Appearance in Flagler, Putnam, St. Johns and/or Volusia counties are hereby rescinded.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties, Florida.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 30th day of June 2017.

/s/ Terence R. Perkins
Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties