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

CR-2017-006-SC

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

Re: Criteria / Procedures for Notices to Appear Issued by Jail Personnel

Ref: CR-2017-006-SC

WHEREAS, the prompt and efficient administration of justice requires the establishment of procedures governing the issuance of Notices to Appear within the counties of the Seventh Judicial Circuit, and

WHEREAS, Rule 3.125(j), Florida Rules of Criminal Procedure, authorizes the chief judge to establish procedures governing the exercise of authority to issue Notices to Appear;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that authorized jail personnel in Flagler, Putnam, St. Johns and Volusia counties may issue Notices to Appear to arrestees who meet the following criteria:

  1. Arrestee was arrested for a violation of a municipal or county ordinance, or a non-violent criminal misdemeanor (excluding DUI), triable in the county of arrest; and
  2. Arrestee has established community ties as evidenced by one or more of the following: (a) stable residence in an identifiable community within the United States for at least 3 continuous months; (b) well established family ties in the resident community; (c) steady employment in an identifiable community within the United States for at least 2 continuous months; (d) current enrollment as a student at a college, university, trade school, or high school in the resident community; and
  3. Arrestee has no prior history of felony convictions (*) for the past 24 months, no prior history of misdemeanor (non-traffic) convictions (*) for the past 6 months, no open/pending criminal charges; is not currently on probation/community control; and
  4. Arrestee has no record of willful failures to appear for court appearances in cases other than the case at issue for the past 36 months.

(*) A criminal history report that shows an arrest without a corresponding disposition is not considered a conviction for purposes of this Order.

Upon verification that an arrestee meets the aforementioned criteria, the Booking Unit may release the arrestee unconditionally on his/her own recognizance through issuance of a Notice to Appear. Said Notice to Appear must substantially comply with the format set forth in Rule 3.125(l), Florida Rules of Criminal Procedure. Prior to releasing the arrestee, the Booking Unit must verify the arrestee’s mailing address. The Clerk of Court shall use this address to mail proper notice of the date, time and location of the arrestee’s next court appearance.

An arrestee who does not meet the aforementioned criteria, and who has not posted bail prior to his/her scheduled First Appearance hearing, shall appear before a judge for a First Appearance hearing.

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