Nonpartisan Coalition Pushes Criminal Justice Reform in Florida

TALLAHASSEE – As Florida’s legislative session kicks off Tuesday, a nonpartisan coalition is launching The Florida Campaign for Criminal Justice Reform to address decades of failed “tough-on-crime” policies that have caused the state’s prison population to balloon by more than 1,000 percent since 1970. Two important proposals – SBs 448 and 608 – are on this afternoon’s agenda for the Senate’s Criminal Justice Committee.

“Florida’s antiquated laws put too many people behind bars for too long,” said Scott McCoy, senior policy counsel for the Southern Poverty Law Center.  “A majority of states across the South – and across the country – are leaving Florida behind as they adopt bipartisan plans for criminal justice reform. It is time for Florida to take a step in that same direction.”

Florida today imprisons approximately 100,000 people, costing taxpayers $2.3 billion annually – more than the state allocates for higher education. One out of every 104 people is currently locked up, giving Florida the ninth highest incarceration rate in the country. In addition, one out of 54 residents is under some kind of supervision by the criminal justice system.

“Legislators should take notice when public interest organizations representing an extraordinarily broad ideological spectrum come together to urge long-overdue reforms in our criminal justice system,” said Howard Simon, Executive Director of the American Civil Liberties Union of Florida. “Reforms are needed in our prison system that is already nearing 100,000 inmates, the 3rd largest inmate population of any prison system in the country.  Our state’s habit of imposing mandatory minimum sentences has loaded up our prisons in a way that threatens the safety of inmates as well as correction officers.  Continuing to use incarceration in Florida prisons as a substitute for drug and mental health treatment is not financially sustainable.”

The Florida Campaign for Criminal Justice Reform is composed of more than a dozen organizations that have been working to reform Florida’s criminal justice system. They have joined together to advocate for smart solutions that end over-criminalization and over-incarceration while not compromising public safety. The coalition has prioritized the following bills for the 2017 legislative session:

Task Force – HB 387 and SB 458 would create a task force to review the state’s criminal justice system and recommend reforms prior to the 2018 legislative session. Members would represent elected officials, the judiciary, law enforcement, academia, faith groups, advocacy organizations and formerly incarcerated people.

Children Tried as Adults – Florida prosecutes more children as adults than any other state. CS/SB 192 would grant judges oversight of prosecutor’s “direct-file” discretion, remove certain nonviolent offenses from eligibility for adult charges and retain voting rights for children convicted as adults.

Juvenile Civil Citation – Children without arrest records have more opportunity for education, employment and civic engagement. HB 205 and CS/SB 196 would expand the use of civil citations – instead of arrests – for non-violent, common youth misbehavior.

Adult Civil Citation – Tough-on-crime policies have bloated Florida’s jail and prison populations, locking up many non-violent offenders. HB 367 and SB 448 would give law enforcement officers discretion to issue civil citations to adults committing certain low-level misdemeanors, allowing them to complete diversionary programs and avoid arrest records.

Elderly Release – Many prisoners are elderly, require costly medical care and pose no threat to public safety. HB 535 and SB 606 would lay the groundwork for expanding compassionate release programs.

Sentencing and Offense Parameters – Several proposed bills would change how certain offenses are charged and provide judges more discretion in sentencing. HB 693 and SB 1102 would revise property crime thresholds. SB 608 would alter how certain driving offenses are treated. HB 641 and CS/SB 290 would revise possession of controlled substance offenses; expand eligibility for non-prison sanctions and diversionary programs; allow judges to depart from mandatory minimum sentences for certain non-violent crimes and drug possession offenses; and create a Sentencing Commission to oversee sentencing practices.

Coalition members and ambassadors – including faith leaders, criminal justice experts, formerly incarcerated persons, and law enforcement experts will visit the Capitol on March 9 to lobby legislators to approve these reform measures to ensure a fairer, more effective criminal justice system for Florida.

“Large prison populations are not an appropriate barometer for effective criminal justice,” said Christian Camara, SE regional director of R Street Institute.  “Instead, they are oftentimes a symptom of a broken system that imposes a huge burden on taxpayers.  Florida should focus on reducing recidivism by prioritizing criminal justice spending to help rehabilitate and restore offenders’ lives while reserving tough penalties against violent criminals. We look forward to working with this diverse coalition to promote reforms that preserve public safety, improve lives, and maximize taxpayer dollars.”

The Florida Campaign for Criminal Justice Reform has launched a website, betterjusticefl.com, where Floridians can learn more about criminal justice reform in Florida and engage directly with their legislators on the priority bills.

The Florida Campaign for Criminal Justice Reform includes the Southern Poverty Law Center, ACLU of Florida, Florida Conference of Catholic Bishops, League of Women Voters, R Street Institute, Florida Association of Criminal Defense Lawyers, Florida Public Defender Association, Florida Legal Services, Florida Immigrant Coalition, New Florida Majority, Florida Council of Churches, Farmworker Self-Help, Inc., LatinoJustice PRLDEF and Southern Legal Counsel.

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The Florida Campaign for Criminal Justice Reform is a diverse, nonpartisan coalition of organizations working to combat the over-criminalization and over-incarceration of Floridians by changing laws and public opinion. For more information, see www.BetterJusticeFL.com.

About the ACLU of Florida 
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights.  For additional information, visit our web site at: www.aclufl.org

About SPLC
The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana and Mississippi, is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org.

About R Street
R Street is a nonprofit, nonpartisan public policy research organization whose mission is to promote free markets and limited, effective government. It has headquarters in Washington, D.C. and five regional offices across the country. Its website is www.rstreet.org.