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Politics

Anti-Murder Act closer to passage

By SHANNON COLAVECCHIO-VAN SICKLER
Published March 8, 2007

TALLAHASSEE -- Senators on Wednesday unanimously passed the governor's priority plan to jail violent probation violators, despite concerns from some members of both parties over the legislation's cost to local courts and jails.

The vote clears the way for final passage in the House later this week. From there the measure goes to Gov. Charlie Crist, who wants the so-called "Anti-Murder Act" to be the first bill he signs this session.

As attorney general, Crist failed two years in a row to get the measure through, even in the wake of the brutal murders of children including Citrus County's Jessica Lunsford.

After Wednesday's vote, Crist walked into the Senate chambers to shake hands and hug senators, including the bill's sponsor, Republican Sen. Paula Dockery of Lakeland.

"I am more grateful than I can say to them," Crist said later. "It's been a long wait. This says those children didn't die for nothing."

The legislation would require violent felons who violate probation to be jailed until a judge decides whether they are a danger to the community and should go back to prison. Current law allows some probation violators to post bail while awaiting trial.

The legislation SB 146 and HB 29 outlines more than two dozen crimes qualifying someone as a "violent felony offender of special concern," from rape and attempted murder to computer pornography and arson.

"You can go home tonight feeling very good that you have saved lives," Dockery said.

But even lawmakers who support the sentiment behind the Anti-Murder Act worry about its multimillion-dollar price tag for building new prison beds and its undetermined financial impact on courts and jails.

Florida's current prison population is more than 90,000. If passed, the measure could land about 2,500 additional offenders in prison within five years, Senate staffers estimate.

That would cost the state nearly $270-million in additional jail beds.

Crist's proposed $71.2-billion budget for next year includes $22-million to start adding prison capacity.

But what worries some lawmakers is the cost of enforcement to local governments, which Senate staffers concluded is "indeterminate" but potentially "significant."

"Most of our jails are already 20 percent over capacity," said freshman Sen. Steve Oelrich, R-Gainesville, former longtime sheriff for Alachua County. "What I see here is really another unfunded mandate."

Counties already feel the burden of the zero tolerance policy the Department of Corrections passed after the 2003 murder of Sarasota's Carlie Brucia.

Under zero tolerance, all probation violations - even technical ones by non-violent offenders - are cause for someone to be arrested and jailed.

But Dockery said that because the Anti-Murder Act targets the violent offenders, the corrections department will be able to relax zero tolerance for nonviolent offenders and minor violations like getting a traffic ticket.

"I know you're going to see a reduced docket with this," agreed Sen. Nancy Argenziano, R-Dunnellon.

The Senate also unanimously passed Argenziano's bill (SB1004) to increase the penalties for Internet child pornography.

Argenziano said the Senate sent a strong message in passing both tough-on-crime bills so early in the session.

"It says, for the first time in my 11 years in this process, that we put our priorities in order."

Shannon Colavecchio-Van Sickler can be reached at (850) 224-7263 or svansickler@sptimes.com.

[Last modified March 8, 2007, 01:39:38]