best practices 2014 release order workgroup. draft sb 592 1 a bill to be entitled 2 an act relating...
TRANSCRIPT
Best Practices 2014
Release Order Workgroup
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Draft SB 592
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
1 A bill to be entitled 2 An act relating to criminal justice; amending s. 3 944.70, F.S.; requiring the Department of Corrections 4 to verify the authenticity of certain court orders 5 before releasing a person from incarceration; 6 providing an exception; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (3) is added to section 944.70, 11 Florida Statutes, to read: 12 944.70 Conditions for release from incarceration.— 13 (3) If a court order has the effect of changing a person’s 14 release date to an earlier date, the department must verify the 15 authenticity of the order with the issuing judge before 16 releasing the person from incarceration unless the order 17 received from the clerk of court is accompanied by a 18 confirmation from the issuing judge or authorized designee 19 verifying the authenticity of the order. 20 Section 2. This act shall take effect July 1, 2014.
Conform with SB 592
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
In order to adhere to the anticipated passage of Senate Draft Bill 592, the following procedure
is being considered as Best Practice by the FCCC:
All court rulings that cause a person to be released from incarceration shall be received
by the Clerk from the Court in a secure manner (hand delivery or secured pick up service) and shall be accompanied by a Court Verification
Form (CVF).
Legitimate Orders
Orders can be received three ways at the Clerks office:
1.In Court
2.Out of Court
3.Direct Pick up
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
In-Court Verbal Orders
Clerk prepares CEF (Court Event Form).
Court/designee to provide CVF to Clerk.
When possible Clerk to provide CEF and CVF to jail personnel or DOC/ probation officer in court.
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Utilization of Court Event Form (CEF )
In-Court Written Orders
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Court/designee to provide CVF to Clerk.
When possible Clerk to provide CEF and CVF to jail personnel or DOC/ probation officer in court.
Out of Court Orders
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Following receipt of a court order and CVF from the Court/Designee, the Clerk is to complete
the bottom portion of the CVF, then using the Point of Contact (POC),
will secure a direct process to deliver the written order and CVF
to local detention facility or DOC.
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Direct Pick up Orders
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Following receipt of a court order and CVF from the Court/Designee, the Clerk is to complete
the bottom portion of the CVF, then using the Point of Contact (POC),
will secure a direct process to deliver the written order and CVF
to local detention facility or DOC.
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Clerk to Validate and Docket
After the legitimate order is received In Court, Out of Court or by Direct Pick-up, the Clerk will follow the correct processes as
discussed and will then validate and docketthe Order, CVF and CEF
to the case management system and file the documents accordingly.
Not Legitimate Orders
If an order is found to be not legitimate, the Clerk will follow these steps:
1.Notify the Chief Judge.
2.Phone local detention facility or DOC.
3.Follow-up with a secure direct process attaching the ‘Not Legitimate’ CVF to the local jail facility or DOC.
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
2013 ASSESSMENTS & COLLECTIONS REPORTCASE STUDIES
January 30, 2014
FCCC Winter Conference, Jacksonville, Florida
Questions