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Tougher action sought for probation violators

Recent slayings prompted the measure approved by a House panel. But some are concerned about putting new pressure on prisons.

By CARRIE JOHNSON
Published March 10, 2005

TALLAHASSEE - Criminals who violate probation would be held without bail and receive dramatically stiffer sentences under a bill proposed by Attorney General Charlie Crist.

Crist announced the proposal at a series of news conferences around the state Wednesday. The bill, called the Anti-Murder Act of 2005, was inspired by two high-profile cases: the abduction and killing of 11-year-old Carlie Brucia of Sarasota and the beating deaths of six people in Deltona.

Both the man accused of killing Carlie and the one who allegedly led the Deltona attack were on probation.

"Probation is a privilege, not a right," Crist said. "We must protect our citizens, especially our children, from these dangerous criminals."

The bill (HB 451) was passed unanimously by the House Criminal Justice Committee Wednesday. Seventy-four lawmakers are co-sponsors.

Critics say the proposal could cost nearly $500-million over the next three years and create the need for 5,000 new prison beds.

"It's an expensive overreaction," said Pinellas-Pasco Public Defender Bob Dillinger. "We simply don't have judges who are letting violent offenders willy-nilly out on the streets."

Under the proposal, criminals convicted of "forcible felonies" such as murder, robbery or sexual battery, would be immediately jailed if found to be violating probation.

Violators must stay locked up without bail until a judge holds a hearing to determine whether they pose a danger to the community.

Those found guilty of violating probation would be resentenced using a tougher penalty system that increases the likelihood of prison.

House sponsor Bruce Kyle, R-Fort Myers, estimated the cost at $31-million.

"The primary focus is to prevent violent offenders from being released onto the streets," Kyle said.

But Dillinger said there's no proof the bill would have a significant impact on crime and it would be prohibitively expensive. The state Department of Corrections estimated the tougher sentences would result in a bed shortage equivalent to 21/2 prisons. The impact on county jails hasn't been calculated.

"If we're going to spend that kind of money," Dillinger said, "there should be some data to support it."

Carrie Johnson can be reached at 850 224-7263 or cjohnson@sptimes.com

[Last modified March 10, 2005, 01:13:09]