10-33-B IN RE: JAIL – DISTRIBUTION OF SUMMARIES OF CRIMINAL HISTORY NCIC/FCIC OF DEFENDANTS APPEARING AT FIRST APPEARANCE AT BREVARD COUNTY JAIL - ORDERED 12/17/2010 BY J. PRESTON SILVERNAIL
Whereas, Florida Rule of Criminal Procedure 3.130 provides that, except when previously released in a lawful manner, every arrested person shall be taken before a judicial officer within 24 hours of arrest for First Appearance; this rule further provides that the State Attorney or an Assistant State Attorney and Public Defender or Assistant Public Defender shall attend the First Appearance; this rule further provides that the arrested person may be represented at the First Appearance by privately retained counsel, and Whereas, Florida Rule of Criminal Procedure 3.130 (b) provides that the judge at First Appearance may consider, among other delineated factors, the defendant’s past and present conduct, including any record of convictions, to determine what form of release is necessary to assure the defendant’s appearance, and Whereas, at the Brevard County Jail, Pretrial Release at First Appearance provides the Court, the State Attorney, the Public Defender, and retained counsel, with a summary of the defendants’ criminal history derived from the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC), and Whereas, Pretrial Release in Brevard County now requires an Administrative Order authorizing the continued distribution of the defendants’ criminal history at First Appearance at the Brevard County Jail, IT IS HEREBY ORDERED that; Pretrial Release is authorized to distribute to the State Attorney and Assistant State Attorneys, the Public Defender and Assistant Public Defenders, and to privately retained counsel, its summary of the criminal histories of defendants appearing at the Brevard County Jail for First Appearance which are derived from the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC).
Done and Ordered this 17th day of December 2010.