In most cases, when an individual is arrested, the amount of their bond is set by a standardized "bond schedule" established by order of the chief Circuit Court Judge, Thomas McGrady. The jail personnel simply look up the inmate's criminal charge and apply the corresponding bond amount that has been pre-set by the court for an offenses of that nature. For example, a third degree felony, Grand Theft offense carries a $5,000.00 bond, whereas a second degree, misdemeanor Disorderly Conduct charge is assigned a $250.00 bond.
Money Changes Everything
But things started to change when our economy took a nose dive. The Pinellas County Sheriff's office was forced to begin laying off "dozens of jail detention officers." Six housing units at the jail were closed, representing 779 beds. Financial and budget reduction pressures at the jail developed to the point where in 2009, deputies at the checkpoint and visitation center were replaced with private Wackenhut Guards for an annual savings to taxpayers of $411,000.00.
To alleviate overcrowding and to facilitate leaner operation of the correctional facility, a court order was entered giving the Pinellas County Sheriff's Department "administrative" discretion to simply ROR an inmate right after he is booked into the jail. That's right...in one door, and out the other. This policy has led some to call the jail's liberal ROR policy a "get out of jail free" card.
The Jail Starts Cutting Inmates Loose
It costs the Pinellas County Sheriff's Office $126.00 per day to house an inmate, making them well motivated to exercise their authority and discretion to cut inmates loose on ROR. Chief Deputy Bob Gaultieri recently explained to the St. Petersburg Times that the utilization of their administrative ROR power allows the Sheriff’s Office to “keep the jail population in a manageable range.” According to jail officials, the more prevalent use of ROR could result in an annual savings of over one million dollars.
Number of Inmates Released on ROR
Jan-May 2007: 528
Jan-May 2008 650
Jan-May 2009 777
Jan-May 210 2,237
Please... Pick Me!
So how does the Sheriff’s Office decide who gets released? The Sheriff’s Office takes into account not only the severity of the crime the person is presently charged with, but also looks at the defendant’s past criminal record and his ties to the community. By taking into account these factors, the Sheriff’s Office is able to assess the flight risk of the offender and ultimately make the determination of who is afforded the benefit of ROR.
In the past, the "failure to appear" rate in Pinellas County was only 5 percent. That figure has been significantly lower than the national average of 20 percent. As the numbers above reflect, the use the Jail's liberal use of the administrative ROR has drastically increased the number of inmates being released, solely on their promise to later appear for court. There are no new statistical figures to show if or how the benevolent use of administrative ROR in our county has affected these "failure to appear" numbers.
So, Who's Complaining?
1. The bail bond industry
They are losing money each time an inmate is released without the
need to post a surety bond.
2. Local Law Enforcement
They say they understand the space & financial problems of the
Pinellas County Jail, and view the administrative ROR practice only with
"cautious acceptance."
3. The Public
Members of the public have a difficult time understanding how someone
could be arrested one moment and then simply released the next.
Because the practice was financially motivated, many lay people have
adopted a suspicious attitude toward the practice.
Watch a video on how budget cuts and overcrowding have forced Pinellas inmates to sleep on the floor in plastic "boats" and how jail personnel are taking extraordinary measures to free up space in the facility.
Do You Have an Outstanding Warrant?
If you have an outstanding warrant, it is important for you to know that the bond amount has already been set set by the issuing judge and cannot be administratively altered by the Pinellas County Sheriff's Department. Therefore, if you get picked up on the warrant, there is no chance that you could benefit from having the jail personnel unilaterally amend your pre-set bond amount to an administrative ROR. However, having a lawyer involved in your case, before turning yourself in on the warrant could put you in a position to secure a bond reduction or ROR directly from the judge assigned to your case. For that reason, we encourage our clients who have an active warrant to get us involved in the process early so that we can attempt to minimize or even avoid spending time in custody.
Watch Our Video to Learn How We Handle Outstanding Warrants
We are Former State Prosecutors Who Have Learned Criminal Prosecution Tactics From the Inside - We Can Help!
Russo & Russo are attorneys representing clients charged with criminal offenses and DUI charges arising out of St. Petersburg, Clearwater, and all other areas of Pinellas County.
(727) 578-0303.
For More Information Take a look at Our Comprehensive Pinellas Defense & DUI Websites:
www.defensehelp.com
www.duistpetersburglawyer.com
Other Links:
Who is the Pinellas Judge Assigned to Your Case?
Avoiding Jail Time
Florida Department of Law Enforcement Warrant Search
Avoiding Conviction
Have You Been Charged with a Felony? A Misdemeanor?
Criminal Background Check
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