Best Practices 2014 Release Order Workgroup

Draft SB A bill to be entitled 2 An act relating to criminal justice; amending s , 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 , 11 Florida Statutes, to read: 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 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 1.Out of Court 1.Direct Pick up

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.

Utilization of Court Event Form (CEF )

In-Court Written Orders 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 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.

Direct Pick up Orders 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.

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 docket the 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.

Questions