MIAMI, Fla.- A two-year effort to reform Miami-Dade County’s cash bail system was stymied by Florida Republican Gov. Ron DeSantis who is proposing his own legislation to strengthen the state’s bail laws.
DeSantis’ proposal comes after Republicans criticized Miami-Dade’s reform pretrial release program suggesting it makes it easier for dangerous criminals to be released from jail without posting bail or appearing in front of a judge, and allowed to roam the streets while awaiting trial.
The governor’s proposed law would also impact low income people making it more difficult to post bail at higher amounts.
DeSantis’ plan, which he will present during the upcoming 2023 Legislative Session, limits who’s eligible for release prior to first appearance, making sure that a judge is the ultimate decision maker when it comes to detention.
The proposal also allows a detention hearing to be held prior to trial for dangerous crimes, and petitioning the Florida Supreme Court to establish a uniform bond schedule that all state courts must follow.
“Other states endanger their citizens by making it easier to put criminals back on the street. Here in Florida, we will continue to support and enact policies to protect our communities and keep Floridians safe,” DeSantis said. “Florida will remain the law and order state.”
Under the current system, people charged with most crimes are eligible to leave jail before trial if they can pay bail amounts that are refunded if they appear in court.
Inmates stay in jail if they can’t afford bail unless a judge lowers the amount or eliminates bail.
DeSantis’ proposed system would shift to assessing a defendant’s risk of skipping trial or committing another crime, based on criminal backgrounds and other metrics.
The change would mean more defendants would end up before a judge after being arrested because many offenses would no longer be eligible for quick release after bail payments.
As a result of DeSantis’ proposal, Miami-Dade’s cash bail reform which was set to go into effect sometime this year, was put on hold.
Nushin G. Sayfie, Chief Judge of the 11th Judicial Circuit of Florida, is leading the charge on the reform plan in which violent criminals might be released without posting a bond or before appearing in front of a judge.
She has become a lightning rod for criticism for the reform plan by DeSantis and Congress members from Florida who indicated she is in violation of the constitution, which they said she was sworn to uphold.
For two years, a committee comprising representatives of Miami-Dade’s Corrections Department, homeless agency, and the state attorney’s offices and public defender office, huddled and crafted out a reform cash bail system.
Despite input from the state attorney’s office, State Attorney Katherine Fernandez Rundle disagrees with the reform, according to a statement she released on the plan.
Fernandez Rundle suggested the current system should stay intact.
Republican Congressman Carlos Gimenez, former Miami-Dade County mayor, was among the GOP who opposed Miami-Dade’s cash bail reform and urged the state to intervene.
Gimenez released a statement applauding DeSantis for opposing the cash bail reform and championing tougher laws.
“I applaud Governor Ron DeSantis for leading the fight against the woke, socialist cash bail reform in Miami-Dade County. Liberal elites want to implement bail reform in my home county of Miami-Dade, and I look forward to working together with Governor DeSantis to combat soft-on-crime policies that endanger our community’s public safety,” said Gimenez. … I wholeheartedly oppose any effort to abolish cash bail in Miami-Dade County.”
Florida Republican Attorney General Ashley Moody also commended DeSantis for his proposed legislation.
“While some states are adopting softon-crime policies that increase lawlessness and decrease public safety, in Florida, we strive to strengthen our laws, keep violent criminals behind bars and take proactive steps to keep our communities safe,” said Moody.
Large amounts for bail impact Blacks and Hispanics nationwide who remain in jail before trial because they can’t afford to post bail.
According to the Huffington Post, 70 percent of the inmates nationwide haven’t been convicted, just waiting for their day in court.
The mounting arrests of people is difficult for correctional offices to handle and some inmates reportedly die by suicide while awaiting trial.
That was the case for Sandra Bland, who died in custody in Texas in 2016.
She found herself in a similarly distressing situation after being arrested though she faced a more serious “assault” charge after being dragged out of her car and thrown on the ground by a police officer.
Unable to pay her $5,000 bail, or even a smaller percentage of that to cover a non-refundable bail bonds fee, the 28year-old black woman sat in a holding cell for days before allegedly hanging herself. If she had been wealthier, her fate might have been different.
According to Miami-Dade Corrections, one of the largest correction systems in the nation, it is responsible for the care, custody and control of 4,200 persons incarcerated in the detention facilities awaiting trial, serving sentences of 364 days or less.
"If an inmate has bondable charges, he or she can bond out at any time," the corrections website says.
However, the department is not allowed to recommend or solicit for bondsmen.
Miami-Dade County Commissioner Kevin Cabrera, a Republican, told the Miami Herald, the county should have control over its jail system.
He said he plans to sponsor legislation to make sure the county is not left out.
“I think it’s important for us to have a position,” he said.
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