ELECTRONIC MONITORING – Eighteenth Judicial Circuit Courts

2024 Admin Order 24-39-s

Web Manager — Wed, 23 Oct 2024 15:30:42 +0000

EXCERPT: “Whereas, most criminal defendants are entitled to be released from custody pending disposition of the charges for which they were arrested; and Whereas, the Seminole County Sheriff, under the Florida Rule of Criminal Procedure 3.131(b)(1)(d), have the capability to electronically monitor defendants who are released from custody by non-intrusive means through a program known as Electronic Monitoring Protection and Crime Tracking (EMPACT); and whereas, electronic monitoring can provide timely information to law enforcement regarding the activities of a defendant as they relate to compliance with conditions of release, including abstinence from criminal activity; and Whereas, the Seminole County Sheriff and the State Attorney have requested authority to require defendants who meet specified criteria to be electronically monitored as a condition of pretrial release, in addition to reasonable or reduced bond, but not in lieu of bond, without compliance with the investigation and recommendation required by F.S. 907.041(3)(b); and (Open AO for more information.)”

Additional Information:

2013 Admin Order 13-19-b Amended

Web Manager — Tue, 30 Nov 2021 21:05:40 +0000

WHEREAS, Article I, section 14, of the Florida Constitution, and Florida Rule of Criminal Procedure 3.131(a) provide that every person charged with a crime or violation of a municipal or county ordinance shall be entitled to pretrial release on reasonable conditions, unless the person is charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great; WHEREAS, section 903.046, Florida Statutes, and Rule 3.131(b), Florida Rules of Criminal Procedure permit the imposition of reasonable conditions of pretrial release; WHEREAS, electronic monitoring is a reasonable condition that allows for pretrial release pursuant to Article I, section 14 of the Florida Constitution, while also assuring the integrity of the judicial process and assisting in protecting the community from possible risk of physical harm to persons; WHEREAS, electronic monitoring of probationers and community controlees help defendants to conform conduct to society’s requirements by discouraging behaviors that are likely to lead to new law violations or other violations of supervision, Correa v. State, 43 So. 3d 738, 745 (Fla. 2d DCA 2010); WHEREAS, e-mail or letter notifications from electronic monitoring companies sent directly to a judge or judges that serve as notification of possible violations by defendants of electronic monitoring rules, such as, location or activity restrictions, may constitute improper ex parte and hearsay communication, see e.g. Edwards v. State, 60 So. 3d 529 (Fla. 2d DCA 2011); WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26(2)(e), Florida Statutes, the Chief Judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice;

It is ORDERED:

All notifications from electronic monitoring companies of possible violations by person(s) under electronic/GPS monitoring (“alleged violators”) shall be immediately and directly sent only by the electronic monitoring companies to the law enforcement entity having jurisdiction over the alleged violator. Law Enforcement shall coordinate with the State Attorney’s Office to determine what further action will be taken.
E-mail or letter notifications that are sent in error to the judge’s office by electronic monitoring companies will not be read by the judge or the judicial assistant.

DONE AND ORDERED this 20th day of May 2013

2009 Admin Order 09-17-s 2nd Amended

Web Manager — Tue, 30 Nov 2021 21:01:33 +0000

EXCERPT: “The Seminole County Sheriff has requested the Court to allow selected inmates be placed into the GPS Electronic Monitoring Program without further judicial intervention after sentence has been imposed upon meeting certain qualifications. After due consideration of the request, (Open AO for more information.)”