Resolution 2021-31963RESOLUTION NO. 2021-31963
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ENDORSING THE PROACTIVE EFFORTS OF THE MIAMI BEACH
POLICE DEPARTMENT TO HAVE A POLICE DEPARTMENT OFFICER AT THE INITIAL
CRIMINAL COURT BOND HEARINGS FOR OFFENDERS COMMITTING CRIMES IN MIAMI
BEACH; AND FURTHER, DIRECTING THE POLICE DEPARTMENT TO PROVIDE THE CITY
COMMISSION WITH AN UPDATE, WITHIN THREE (3) MONTHS, REGARDING THE
STATUS OF ITS IMPLEMENTATION EFFORTS AND ANY ADDITIONAL OBSERVATIONS
RELATING TO BOND HEARINGS. -
WHEREAS, the City continues to experience an increasingly large number of visitors,
tourists and other individuals entering the City throughout the year; and
WHEREAS, an unacceptably large number of those entering the City commit criminal
offenses while within the City; and
WHEREAS, many of the individuals arrested each day appear before a Judge on the
following day for the purpose of the Court making a finding of probable cause (or no probable
cause) for such person's arrest and setting an appropriate bond and/or conditions of release;
and
WHEREAS, pursuant to Fla. Stat. 903.046, the purpose of a bond determination in a
criminal proceeding is to ensure the appearance of the criminal defendant at subsequent
proceedings, and to protect the community against unreasonable danger from the criminal
defendant; and
WHEREAS, Florida law further provides that, in setting the appropriate bond and/or
conditions of release for a criminal defendant, the Court should consider a myriad of factors
including, but not limited to, the following:
1.) The nature and circumstances of the offense charged;
2.) The weight of the evidence against the defendant;
3.) The defendant's family ties, length of residence in the community,
employment history, financial resources, and mental condition;
4.) The defendant's past and present conduct, including any record of
convictions, previous flight to avoid prosecution, or -failure to appear at court
proceedings;
5.) The nature and probability of danger which the defendant's release poses to
the community; and
6.) Whether the defendant is already on release pending resolution of another
criminal proceeding or on probation, parole, or other release pending
completion of a sentence; and
WHEREAS, the presence of a Miami Beach Police Department ("MBPD") officer at
criminal court bond hearings may aid the Court in its determination in setting the appropriate
bond and/or. conditions of release by providing the Court with any additional information such
MBPD supervisor possesses concerning the bond factors identified herein.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby endorse the proactive
efforts of the Miami Beach Police Department to have a Police Department officer at the initial
criminal court bond hearings for offenders committing crimes in Miami Beach; and further,
directing the Police Department to provide the City Commission with an update, within three (3)
months, regarding the status of its implementation efforts and any additional observations
relating to bond hearings.
PASSED and ADOPTED this 8 day of December, 2021.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk DEC 1 3 2021
(Sponsored by Commissioner Steven Meiner)
1;c(li"I':,0M.'1E
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Resolutions - R7 W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: December 8, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ENDORSING THE PROACTIVE EFFORTS
OF THE MIAMI BEACH POLICE DEPARTMENT TO HAVE A POLICE
DEPARTMENT SUPERVISOR AT THE INITIAL CRIMINAL COURT BOND
HEARINGS FOR OFFENDERS COMMITTING CRIMES IN MIAMI BEACH;
AND FURTHER, DIRECTING THE POLICE DEPARTMENT TO PROVIDE
THE CITY COMMISSION WITH AN UPDATE, WITHIN THREE (3) MONTHS,
REGARDING THE STATUS OF ITS IMPLEMENTATION EFFORTS AND
ANYADDITIONAL OBSERVATIONS RELATING TO BOND HEARINGS.
ANALYSIS
I'd like to place this item on the December 8, 2021 City Commission meeting agenda for
consideration of the attached Resolution, which sets forth the pertinent details of the item.
SUPPORTING SURVEY DATA
N/A.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item,pursuant to
City Code Section 2-14?
No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Description
D Resolution.
Does this item utilize G.O.
Bond Funds?
Im
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