Miami-Dade County has reportedly implemented a pilot release program that appears to deviate from the guidelines outlined in Florida Statutes. In this program, a Miami-Dade Public Defender’s office employee informed a Judge during a bond hearing that the defendant was released on a Promise to Appear (PTA) by Pretrial Services. In this video obtained from a recent bond hearing calendar, Miami-Dade Public defender’s office staff member can be heard informing the Judge that the defendant was released on a Promise to Appear (PTA) by Pretrial Services. The staff member further explains to the Judge that this is a new Pilot program, for which she received only one day of training. The Judge, clearly perplexed, inquires whether the defendant will be monitored by Pretrial Services, to which the civilian employee responds that the defendant was simply released on a Promise to Appear by a Pretrial Services employee.
It is important to note that under Florida Statutes, a Promise to Appear can only be issued by sworn law enforcement officers such as arresting officers or booking officers. However, in this case, the defendant was released on a Promise to Appear by a Pretrial Services employee who is not a sworn law enforcement officer. Pretrial Services officers in Miami-Dade County are considered civilian employees of the Miami-Dade Pretrial Services, as mentioned in the Florida Statutes Rules of Criminal Procedure 3.125.
This situation highlights a departure from the established procedures outlined in the Florida Statutes and raises questions regarding the implementation and compliance of the pilot release program in Miami-Dade County.
According to Florida Statutes, a Promise to Appear can only be issued by sworn law enforcement officers such as the arresting officer or a booking officer at Police Headquarters. Pretrial Services officers, despite their job title, are not sworn law enforcement officers and are considered civilian employees of the Miami-Dade Pretrial Services. This distinction is specifically outlined in Florida Statutes Rules of Criminal Procedure 3.125.
Rule 3.125. Notice to Appear
(a) Definition. –Unless indicated otherwise, notice to appear means a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.
(b) By Arresting Officer. –If a person is arrested for an offense declared to be a misdemeanor of the first or second degree or a violation, or is arrested for violation of a municipal or county ordinance triable in the county, and demand to be taken before a judge is not made, notice to appear may be issued by the arresting officer unless:
(1) the accused fails or refuses to sufficiently identify himself or herself or supply the required information;
(2) the accused refuses to sign the notice to appear;
(3) the officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others;
(4) the accused has no ties with the jurisdiction reasonably sufficient to assure the accused’s appearance or there is substantial risk that the accused will refuse to respond to the notice;
(5) the officer has any suspicion that the accused may be wanted in any jurisdiction; or
(6) it appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program.
(c) By Booking Officer. –If the arresting officer does not issue notice to appear because of one of the exceptions listed in subdivision (b) and takes the accused to police headquarters, the booking officer may issue notice to appear if the officer determines that there is a likelihood that the accused will appear as directed, based on a reasonable investigation of the accused’s…..