HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13995
Date: 05/11/2023
Commission Meeting Date: 05/11/2023
Requesting Department: City Commission
Sponsored By: Francis Suarez, Manolo
Reyes
District Impacted: All
Type: Resolution
Subject: Bail and Bonds Schedules Pretrial Release Programs
Budget Impact Analysis
Item has NOT an Expenditure
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Reviewed B
Maricarmen Lopez
Valentin J Alvarez
George K. Wysong III
Marie Gouin
Victoria Mendez
City Clerk's Office
Meeting
Legislative Division Review
ACA Review
Budget Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
05/11/2023 9:00 AM
05/12/2023 11:26 AM
05/12/2023 1:16 PM
05/15/2023 1:36 PM
05/24/2023 2:13 PM
05/25/2023 8:43 AM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0230
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13995 Final Action Date:5/11/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY OPPOSING ANY
REFORMS TO BAIL AND BOND SCHEDULES OR PRETRIAL RELEASE
PROGRAMS IN THE ELEVENTH JUDICIAL CIRCUIT THAT WOULD
AUTOMATICALLY GRANT ARRESTED PERSONS PRETRIAL RELEASE ON
NONMONETARY CONDITIONS, OR ON THEIR OWN RECOGNIZANCE, WITHOUT
FIRST APPEARING BEFORE A JUDGE; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") Commission holds the safety of its residents and
visitors as its highest priority; and
WHEREAS, the City Commission finds that it is time to revisit failed policies like no -cash
bail and other bail reforms, which seem to be contributing to the spike in violent crime in our
cities and are having the consequence of creating lawlessness in our cities; and
WHEREAS, the City Commission is concerned by reports that the Chief Judge of the
Eleventh Judicial Circuit is considering implementing a pretrial release program, with a revised
uniform bail and bond schedule, that would automatically grant arrested persons, under certain
conditions and for certain categories of crimes, pretrial release on nonmonetary conditions
without first appearing before a judge; and
WHEREAS, Article V, section 2(d) of the Florida Constitution provides that the chief
judge of each judicial circuit in the state shall be responsible for the administrative supervision of
the circuit courts and county courts in the circuit; and
WHEREAS, uniform bail and bond schedules for each judicial circuit are generally
promulgated by administrative orders issued by the chief judge of each judicial circuit; and
WHEREAS, the City Commission is concerned that the Chief Judge's plan to
automatically grant arrested persons pretrial release on nonmonetary conditions without first
appearing before a judge sacrifices public safety by putting potentially dangerous criminals back
in communities before a judge can determine whether continued detention is appropriate; and
WHEREAS, Article I, section 16 of the Florida Constitution declares that every Florida
citizen has the right to have the safety and welfare of the victim and the victim's family
considered when setting bail, including setting pretrial release conditions that protect the safety
and welfare of the victim and the victim's family; and
WHEREAS, Miami -Dade County and the cities of Doral, Miami Beach, and South Miami
have all passed similar legislation to oppose any reforms to bail and bond schedules or pretrial
release programs in the Eleventh Judicial Circuit that would automatically grant arrested
persons pretrial release on nonmonetary conditions, or on their own recognizance, without first
appearing before a judge; and
WHEREAS, the City of Miami Commission strongly opposes any reforms to bail and
bond schedules or pretrial release programs in the Eleventh Judicial Circuit that would
automatically grant arrested persons pretrial release on nonmonetary conditions, or on their own
recognizance, without first appearing before a judge; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the City Commission, by a majority vote, deems this Resolution to be of an
emergency nature in order to immediately protect the public health, welfare, and safety of the
City's residents and visitors;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby strongly opposes any reforms to bail and bond
schedules or pretrial release programs in the Eleventh Judicial Circuit that would automatically
grant arrested persons pretrial release on nonmonetary conditions, or on their own
recognizance, without first appearing before a judge.
Section 3. The City Clerk is directed to transmit a certified copy of this Resolution to the
Chief Judge of the Eleventh Judicial Circuit in and for Miami -Dade County.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: