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 recommended 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).

Key Components Court to prepare Court Verification Form (CVF) for every order in which a sentence is reduced or inmate is to be released. Utilize a secure direct process ( ) to deliver the written/verbal order and CVF to the local detention facility or DOC. Develop a Point of Contact (POC) with your local jail detention facility and the Department of Corrections (DOC).

Court Orders that impact release of inmate Orders can be received three ways at the Clerks office: In Court Out of Court 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.

Court Event Form – Palm Beach County

Court Event Form – Leon County

In-Court Written Orders Court/designee to provide release order and CVF to Clerk. When possible Clerk to provide release order 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. The Clerk will then use a secure a direct process ( ) to transmit the written order and CVF to the local detention facility or DOC.

Direct Pick up Orders Release/Modification of Sentence Order(s) received by the Clerk from a party, attorney or any other person by non-secured delivery shall send the document back to the court requesting that the CVF be executed by the Court.

Clerk Processing After the legitimate order is received In Court, Out of Court or by Direct Pick-up, the Clerk will validate and docket the Order, CVF and CEF (if verbal order) to the case management system and file the documents accordingly. Clerk will the Court Order/CEF and CVF to a secure box provided by the agency’s Point of Contact.

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.

CVF Processing Summary All CVF’s should be docketed into the case management system. A CVF shall accompany all release decisions. Verbal orders should be supported by a clerk prepared court event form along with a CVF.

Recommendations  Communicate with all justice partners to ensure there is understanding of the importance of a secured delivery method, secured processing area and the Court Verification Form (CVF).  Develop written procedures that address and incorporate the secured delivery method, secured processing area and the CVF.

Training All Clerk staff that process and validate release orders that modify the sentence of an inmate of a state correctional facility or county detention facility should be trained in how to recognize, identify, and process such orders. We suggest that only the most experienced Clerks process these orders. Training should include familiarity with each judge/designee’s signature.

Non-Secure Drop Boxes If non-secure drop boxes are available at the Clerk’s Office, special attention should be given to any release/modification document present in the drop box. If found, these documents should not be processed without further Court review.

Questions