HB 311 - Conditions of Pretrial Release

• Officers must issue a notice to appear instead of making custodial arrests for traffic violations or nonviolent second-degree misdemeanors when the person verifies identity, poses no threat, and has no safety concerns; court appearance must be scheduled within 21 days.

• Criminal defendants not charged with felonies are presumed entitled to release without monetary bail and must be released within 48 hours; courts must conduct inquiries into ability to pay and make specific findings before imposing monetary bail conditions.

• All pretrial releasees must be enrolled in e-Notify, Florida's court event notification system; courts must issue arrest orders if they find probable cause that a defendant on pretrial release committed offenses listed in s. 775.084(1)(b)1.

• Pregnant women shall be automatically released without monetary bail until delivery if they do not pose a flight risk or danger to the community.

• DUI manslaughter defendants may not receive automatic nonmonetary release but court retains discretion for electronic monitoring or recognizance bonds if circumstances warrant; factors for threat assessment include prior DUI convictions and suspended license status at time of offense.