Appellate review acts as an important safety measure to ensure that lower courts and prosecutors act properly and that criminal defendants receive a fair trial. It is an unfortunate reality that people are sometimes wrongfully convicted or face disproportionately harsh sentences, and they might face wrongful incarceration prior to having their case meaningfully reviewed. In some situations, the court may allow the defendant to post bail and remain free while they take up their case on appeal. However, Florida Statute section 903.133 requires that defendants convicted of certain serious offenses remain incarcerated pending appeal without the opportunity for bail.
House Bill 333 recently went into effect on October 1, 2020, adding new offenses to the list of convictions that preclude bail pending appeal. Anyone who is convicted of a crime requiring sexual offender registration or sexual predator registration will now have to remain incarcerated if their victim was a minor at the time of the offense. According to the House Criminal Justice Subcommittee, these new offenses would include:
- Sexual misconduct with a person having a developmental disability;
- Sexual misconduct with a mental health patient by an employee;
- Specified violations of kidnapping or falsely imprisoning a minor;
- Luring or enticing a child, by a person with a prior sexual conviction;
- Human trafficking for commercial sexual activity;
- Sexual battery;
- Unlawful sexual activity with a minor;
- Lewd or lascivious battery, molestation, conduct, or exhibition;
- Video voyeurism involving a minor victim;
- Lewd or lascivious offense on an elderly or disabled person;
- Sexual performance by a child;
- Providing obscene materials to a minor;
- Computer pornography involving a minor;
- Soliciting a minor over the Internet;
- Traveling to meet a minor;
- Lewd or lascivious exhibition over the Internet;
- Transmitting child pornography by electronic device or equipment;
- Transmitting material harmful to a minor by electronic device;
- Selling or buying a minor to engage in sexually explicit conduct;
- Racketeering involving a sexual offense;
- Sexual misconduct with a forensic client; and
- Sexual misconduct by an employee with a juvenile offender.
While there has been little commentary on this bill since it was passed, it has the obvious effect of keeping people incarcerated while waiting for a decision on appeal, which could take months or even years to complete. The House Criminal Justice Subcommittee noted, however, that this bill is not expected to increase prison populations or have a fiscal impact on the state government, local governments, or the private sector.