Carlie's Law

Carlie's Law

Florida Attorney General Charlie Crist has drafted legislation to tighten the reins on probation violators.

By David R. Corder

Associate Editor

Almost 10 years ago, state Attorney General Charlie Crist brought some closure into the life of Kathleen Finnegan, the former Charlotte County prosecutor shot during an abduction that claimed the life of her friend and colleague Norm Langston.

Langstonis killer, Samuel Andrew Pettit, should have been in prison. But he had been released early because of overcrowding.

In 1992, Finnegan joined Manatee County Sheriff Charlie Wells in running Stop Turning Out Prisoners (STOP), which sought to change Floridais lenient prison release policies. Some felons were serving less than 20% of their sentence; violent crime was at an all-time high in the state.

The same year Crist won a seat in the Florida Senate and took up STOPis cause. He proposed a bill to limit prisoner gain time to no more than 15% of a sentence. There was concern about the billis impact on the state budget: It would create demand for new prison space.

In 1995, the Legislature enacted the bill.

Nearly 10 years later, Crist faces a similar legislative battle in his effort to bring some closure to the family of Carlie Brucia o the 11-year-old Sarasota girl whose abduction was caught on a car wash surveillance camera. The childis body was found days later in bushes near a church. Sheid been raped and murdered.

Authorities charged Joseph P. Smith with Carlieis death. They say he was the man shown on the tape leading Carlie to her death.

The public was outraged that Smith, a habitual felony offender, could have been jailed only two months before Carlieis death for violating probation. Heid failed to pay court fines.

Crist decided to take action. He asked state Senate Majority Leader J. Alex Villalobos, R-Miami, to introduce an amendment in the 2004 legislative session to toughen the rules on probation violators. The effort failed, however.

Unfazed, Crist reorganized and drafted new legislation in memory of Carlie and others like her for the 2005 session.

iThatis our main legislative issue,i Crist explained to GCBR in a recent interview following a speaking engagement at the Safety Harbor & Spa. iI think we have the support of leadership in both the Senate and House. We feel very good about that, but obviously weire not taking anything for granted.i

House Majority Leader Andy Gardiner, R-Orlando, received a copy of the draft language, a spokesperson says. But he hasnit yet made a decision whether to sponsor it.

Sen. Rudy Garcia, R-Miami, also has a copy of the draft bill. Garcia, newly appointed chairman of the Senate Committee on Banking and Insurance, is a close ally to Senate President Tom Lee, R-Brandon.

iSo far so good, as we hear it, at this point in time,i Crist says. iThere is the financial issue involved. We donit know the precise (cost) yet. But we know what the cost of not doing it is, and Carlie Brucia, most regrettably and sadly, is an example. But there are also the six victims killed (this summer) in Volusia County. Thatis another example: Somebody let out on probation ended up victimizing innocent Floridians.i

Itis the focus on available tax dollars that makes Cristis draft legislation similar to the fight almost 10 years ago over early prisoner release, says Charlotte County State Attorney Steve Russell. He served as an assistant state attorney with Langston and Finnegan and worked closely with the STOP campaign.

iThere is a parallel on the dollar issue,i acknowledges Russell, who heard Crist give a presentation on the draft bill during a recent meeting of the Florida Prosecuting Attorneys Association. iI remember very specifically (years ago) people saying you canit build your way out of this issue with 85% (mandatory sentencing). Yes, there were dollar issues to build up (prisons) but it leveled off.i

Because of the success of the STOP law, Russell supports any legislative effort that penalizes probation violators. He attributes his reasoning to comparisons of Florida Department of Law Enforcement statistical reports between now and 1989 o when violent crimes were at a high in Florida.

iThere are fewer reported crimes today than 15 years ago with an increase in the population,i Russell says. iToday, there are (about) 200,000 less felony victims than there were in 1989. I think thatis an outstanding point considering the stateis growth.i

The draft bill submitted to the House and Senate leadership focuses on some very simple issues, says Crist spokesperson JoAnn Carrin.

It would create a new definition for a forcible felony violator to include probation violators, she says. The language would prohibit bail for a probation violator without a court hearing.

On the other hand, Carrin says, the draft language still protects judicial autonomy.

iBefore the court can release the violator, the court must hold theyire not a danger to the community,i she says. iIf the court finds the violator doesnit represent a danger, the court will enter a written notice of that. It gives the judge the opportunity to decide whether the violator is or is not a great risk to be released.i