The 2007 Anti-Murder Act requires violent felony offenders who violate probation to remain in jail until the court determines whether the individual poses a danger to the community. As of November 30, 2007, there were 2,676 offenders identified as Violent Felony Offenders of Special Concern on either probation or community control.

“Florida has already lost too many people, too early in their lives,” said Governor Crist. “The horrendous murders of children like Adam Walsh, Carlie Brucia, Jessica Lunsford, Sarah Lunde, and the six young people in Deltona remind us that we cannot continue to permit violent felony offenders who have violated the terms of their probation to have the opportunity to prey upon our people and our children.”

Agencies Involved

Prior to Governor Crist signing the Anti-Murder Act (Senate Bill 146) on March 12, 2007, the Florida Department of Corrections met with the following agencies to coordinate efficient implementation of this act:

• Florida Department of Law Enforcement,
• Office of State Court Administrator,
• Florida Prosecuting Attorneys Association,
• Florida Association of Counties,
• Governor’s Office of Policy and Budget,
• Florida Sheriff’s Association, and
• Florida Association of Court Clerks and Comptrollers.

Implementation

In March 2007, the Department of Corrections developed a “Violent Felony Offender of Special Concern” Identification Guide and database program to display on the Florida Criminal Justice Network (CJNET) to assist courts and booking facilities in identifying offenders who are not to be released from custody pursuant to the Act.

The Florida Department of Law Enforcement (FDLE) provided a Criminal Justice Information System (CJIS) memo to all law enforcement agencies and court personnel outlining the requirements of the Anti-Murder Act, including the identification guide and plans for implementation.

During March 14-15, 2007, the Department of Corrections conducted five conference calls with the FDLE, Office of State Court Administrator, State Attorneys, Sheriff’s Offices, and booking agencies to:

• ensure booking agencies received the CJIS memo provided by FDLE, outlining the steps involved in identifying Violent Felony Offenders of Special Concern;
  
  
• Corrections flagging system to identify Violent Felony Offenders of Special Concern when an offender has been arrested for a qualifying offense;
  
  
• discuss each agency’s role in identifying Violent Felony Offenders of Special Concern during the booking and court hearing process to ensure Anti-Murder Act restrictions regarding no bond or pretrial release are understood and followed; and
  
  
• field questions and concerns before the Department of Corrections flag system became operational March 19, 2007.

On March 15, 2007, the Department of Corrections notified each Office of State Attorney of revisions made to the Criminal Punishment Code scoresheet in order to comply with Anti-Murder Act provisions to add community sanction violation points for offenders identified as Violent Felony Offenders of Special Concern. Revised scoresheets were approved, ordered, and delivered to each Office of State Attorney. The following day, circuit administrators met with department staff, the Chief Judge, State Attorney, and Sheriff in every county to discuss implementation of the Anti-Murder Act and emphasized the need for a group effort and cooperation in order to identity offenders at every critical stage of the arrest and hearing process.

In May 2007, the Offender Search Supervised Population Offender Detail accessible via the CJNET was revised to add a field for designations used in the identification of Violent Felony Offenders of Special Concern. This added field assists law enforcement and court personnel in identifying offenders with one or more of the designations (Habitual Violent Felony Offender, Three Time Violent Felony Offender or Sexual Predator) used as part of the criteria for a Violent Felony Offender of Special Concern under certain scenarios.