PRETRIAL DETENTION

(a) First Appearance Required. A person arrested for a dangerous crime listed in section 907.041, Florida Statutes, or an unauthorized alien arrested for a forcible felony, must not be released from jail before his or her first appearance.

(b) Contents of Motion. A motion for pretrial detention must be in writing and must set forth with particularity the grounds and the essential facts on which it is based.

(c) Time for Motion. A motion for pretrial detention may be filed any time before trial.

(d) Time for Hearing. If a judge determines there is probable cause to believe the defendant committed a capital felony, a life felony, or a first-degree felony, listed as a dangerous crime in section 907.041, Florida Statutes, a pretrial detention hearing must be held within 5 days after first appearance, or, if there is no first appearance, within 5 days after arraignment. Otherwise, the hearing must be held within 5 days after the filing of a motion for pretrial detention.

(e) Continuances. Either the state or the defendant may seek a continuance. The state must show good cause for a continuance. A continuance may not exceed 5 days unless the court finds that extenuating circumstances justify any further delay, or upon agreement of the parties with approval of the court. The state may not be granted more than one continuance.

(f) Custody; Release Conditions.

(1) Dangerous Crime. At first appearance, a judge must not grant nonmonetary pretrial release if there is probable cause to believe the defendant committed a dangerous crime listed in section 907.041, Florida Statutes. After first appearance and after a finding of probable cause, a person arrested for a dangerous crime listed in section 907.041, Florida Statutes, may not be released on nonmonetary conditions under the supervision of a pretrial release service unless the service certifies to the court that it has investigated or otherwise verified the conditions set forth in section 907.041(3)(b), Florida Statutes.

(2) Unauthorized Aliens. If, at the first appearance hearing, the court determines there is probable cause to believe the defendant committed a forcible felony and further determines by a preponderance of the evidence that the defendant is an unauthorized alien, the court must presume that the defendant presents a substantial flight risk and that no conditions of release will ensure his or her appearance at trial and must order pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that appropriate conditions of release will ensure his or her appearance at trial. If the court determines the defendant has rebutted the presumption, it must consider the criteria in section 903.046, Florida Statutes, and any other relevant facts, to determine whether to release the defendant on bail or other conditions.

(3) Pretrial Detention Motion Filed at First Appearance. The defendant may be held in custody pending the completion of a detention hearing if there is probable cause for the arrest and if the state filed a motion for pretrial detention at first appearance.

(4) State Announces at First Appearance its Intent to Move for Pretrial Detention. If there is probable cause for the arrest, a defendant may be held in jail for up to 4 days if the state informs the judge at first appearance that it intends to file a motion for pretrial detention under section 907.041, Florida Statutes. If the state does not file a motion for pretrial detention within the 4 days, a judge must determine conditions of release or continued detention under rule 3.131.

(5) State Does Not Announce Intent to Move for Pretrial Detention at First Appearance. If there is probable cause for the arrest and if the state does not inform the judge at first appearance that it intends to file a motion for pretrial detention under section 907.041, Florida Statutes, the judge must determine conditions of release or continued detention under rule 3.131.

(6) Pretrial Detention Motion Filed After First Appearance. If the state filed a motion for pretrial detention after first appearance and if there is probable cause to believe the defendant committed the crime for which pretrial detention is sought, the defendant may be held in custody pending the completion of the detention hearing, or the judge may issue either an order to appear or a warrant. The defendant may be held in custody pending the completion of the detention hearing if he or she were arrested on a warrant issued under this subdivision. For a defendant out of custody, if the state is pursuing pretrial detention under section 907.041, Florida Statutes, the state does not need to show good cause as required by rule 3.131(d).

(7) Bail Pending Hearing. If a defendant is released on bail for a dangerous crime that is a capital felony, a life felony, or a first-degree felony pending the completion of a detention hearing, the court must inform the defendant that if a surety bond is used to satisfy the monetary component of pretrial release and the motion for pretrial detention is subsequently granted, the defendant will not be entitled to return of the premium on the surety bond.

(g) Jurisdiction. A motion for pretrial detention must be heard by a judge with jurisdiction to conduct the defendant’s trial.

(h) Rights at Hearing. The defendant is entitled to representation by counsel, to present witnesses and evidence, and to cross-examine witnesses who testify at the detention hearing. No testimony by the defendant is admissible to prove guilt at any other judicial proceeding, but such testimony may be admitted in an action for perjury, based upon the defendant’s statements made at the detention hearing, or for impeachment.

(i) Evidence. Evidence secured in violation of the United States Constitution or the Constitution of the State of Florida is inadmissible. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing.

(j) Communication Technology. A judge may allow testimony using communication technology upon a showing of good cause. Oaths must be administered in accordance with Florida Rule of General Practice and Judicial Administration 2.530.

(k) Burden of Proof. The state bears the burden of proving the need for pretrial detention under the substantial probability standard in section 907.041, Florida Statutes.

(l) Order.

(1) Hearing Required. An order granting or denying pretrial detention must be issued after a hearing.

(2) Findings. The order may be based solely on hearsay but must be based solely upon evidence introduced at the hearing and must be supported by findings of fact and conclusions of law. The order must be made either in writing or orally on the record within 24 hours of the conclusion of the hearing.

(3) Mandatory Detention Order. The judge must order pretrial detention if the judge finds a substantial probability the defendant committed a capital felony, a life felony, or a first-degree felony, listed as a dangerous crime in section 907.041, Florida Statutes, and based on the defendant’s past and present patterns of behavior, consideration of the criteria in section 903.046, Florida Statutes, and any other relevant facts, that no conditions of release or bail will reasonably protect the community from risk of physical harm, ensure the presence of the defendant at trial, or assure the integrity of the judicial process.

(m) Reconsideration. Either party may move for the order granting or denying pretrial detention to be reconsidered any time before trial if the judge finds that information exists that was not known to the party moving for reconsideration at the time of the hearing and that such information has a material bearing on determining whether there are conditions of release or bail that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community from harm. The defendant is entitled to dissolution of a pretrial detention order if the court finds that a subsequent event eliminated the basis for detention.