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Resolution 2023-32477RESOLUTION NO., 2023-32477 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING THE USE OF COMPUTER SOFTWARE PROGRAMS BY FLORIDA CRIMINAL COURTS THAT MECHANICALLY MEASURE A CRIMINAL DEFENDANT'S ELIGIBILITY FOR AND AMOUNT OF BOND, INCLUDING THE "PUBLIC SAFETY ASSESSMENT" TOOL PROPOSED TO BE UTILIZED BY THE ELEVENTH JUDICIAL CIRCUIT TO RELEASE MANY "LOW-LEVEL" OFFENDERS ON THEIR OWN RECOGNIZANCE, WITHOUT ATTENDING A FIRST APPEARANCE HEARING BEFORE A JUDGE AND WITHOUT ANY MONETARY BOND BEING POSTED. WHEREAS, the City of Miami Beach (the "City"), along with various other municipalities in Miami -Dade County, continues to experience a significant amount of quality -of -life offenses (both of the municipal/county ordinance and misdemeanor variety), along with other misdemeanor offenses being committed within its jurisdiction; and WHEREAS, when an individual is arrested for a misdemeanor(s) and/or criminal municipal ordinance violation(s), the case is heard in the County Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida; and r WHEREAS, every person arrested for a criminal offense in the State of Florida must be taken before a judge within 24 hours of arrest for a First Appearance / Bond Hearing, unless such person has been previously released in a lawful manner; and WHEREAS, the purpose of the First Appearance / Bond Hearing is for the presiding judge to advise the defendant of the charges against him or her; to determine if the police had probable cause to effectuate the arrest; to determine whether the defendant can pay for an attorney and, if the defendant cannot, to appoint the public defender; and to set appropriate conditions of pre-trial release or a reasonable bond; and WHEREAS, the judiciary of the State of Florida has a considerable amount of discretion in the administration of all aspects of criminal cases involving quality of life, misdemeanor, and municipal ordinance offenses (including, but not limited to, setting appropriate conditions of pre- trial release or a reasonable bond); and WHEREAS, pursuant to Article V, Section 2(d) of the Florida Constitution and Section 43.26 of the Florida Statutes, the Chief Judge of each Judicial Circuit is charged with the authority and power to promote the prompt and efficient administration of justice; and WHEREAS; the Florida legislature also has plenary power to appropriate state funds for use throughout the State of Florida, and WHEREAS, the City has become aware that the Eleventh Judicial Circuit, in and for Miami -Dade County is considering promulgating an Administrative Order that would establish a revised Uniform Bail Bond Schedule; and WHEREAS, the proposed Administrative Order, which the City has not been given the opportunity to review and/or comment upon, may automatically grant criminal offenders a release -- their ......, /"DnD"\ fnr rife nnA r`ni info nrrlinonrc vinlofinne firef- anti eaennri_ First Appearance / Bond Hearing before a judge, and without posting any monetary bond amount; and WHEREAS, upon information and belief, the proposed Administrative Order will direct Miami -Dade County Corrections and Rehabilitation to assess each criminal defendant's eligibility for, and amount of, bond using a software -based Public Safety Assessment ("PSA") tool developed by Arnold Ventures; and WHEREAS, the algorithms, metrics, and assumptions that the Arnold Ventures PSA tool utilizes have not been made available to the City or the public; and WHEREAS, the use of PSA software tools to replace the reasoned judgment of a judge at first appearance is antithetical to the very reason that the courts exist in this country and in this State; and WHEREAS, accordingly, the Mayor and City Commission oppose the use of computer software programs by Florida criminal courts that mechanically measure a criminal defendant's eligibility for and amount of bond, including the "public safety assessment" tool proposed to be utilized by the Eleventh Judicial Circuit to release many "low-level" offenders on their own recognizance, without attending a first appearance hearing before a judge and without any monetary bond being posted. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE City of Miami Beach, Florida, that the Mayor and City Commission hereby oppose the use of computer software programs by Florida criminal courts that mechanically measure a criminal defendant's eligibility for and amount of bond, including the "public safety assessment" tool proposed to be utilized by the Eleventh Judicial Circuit to release many "low- level" offenders on their own recognizance, without attending a first appearance hearing before a judge and without any monetary bond being posted. PASSED and ATTEST: ADOPTED this / day of February, 2023. FEB-1-2 D 8 2023 Rafael E. Granado, City Clerk Sponsored by Commissioner Alex J. Fernandez ORA elber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney — Date Resolutions - C7 AL MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: February 1, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING THE USE OF COMPUTER SOFTWARE PROGRAMS BY FLORIDA CRIMINAL COURTS THAT MECHANICALLY MEASURE A CRIMINAL DEFENDANT'S ELIGIBILITY FOR AND AMOUNT OF BOND, INCLUDING THE "PUBLIC SAFETY ASSESSMENT" TOOL PROPOSED TO BE UTILIZED BY THE ELEVENTH JUDICIAL CIRCUIT TO RELEASE MANY "LOW-LEVEL" OFFENDERS ON THEIR OWN RECOGNIZANCE, WITHOUT ATTENDING A FIRST APPEARANCE HEARING BEFORE A JUDGE AND WITHOUT ANY MONETARY BOND BEING POSTED. Pursuant to the request of Commissioner Alex Fernandez, the above -referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 1, 2023 City Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A his a " to Know" item. pursuant to City Code Section 2-14? 0. Legislative Tracking Office of the City Attorney ..: 11 .11 • 1. No Sponsor Commissioner Alex Fernandez ATTACHMENTS; Description a Resolution Cardillo, Lilia From: Granado, Rafael Sent: Thursday, February 23, 2023 4:55 PM To: Cardillo, Lilia Subject: C7 AL - 2023-32477 Good afternoon Lilia, I spoke to Commissioner Fernandez. He notified me that there is no need to transmit this Resolution, as the Legislature will be looking into this. Please print this email and include it with the Resolution for future reference. Regards, 1 Rafael E. Granado, Esq., City Clerk OFFICE OF THE CITY CLERK 1700 Convention Center Drive, Miami Beach, FL 33139 Tel:305.673.7411 rafaelgranado(aD-miamibeachfi.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.