CONGRESSWOMAN KATHERINE HARRIS

Testimony before House Judiciary Committee’s Subcommittee on Crime,

Terrorism and Homeland Security

I wish to begin by thanking Chairman Coble and Ranking Member Scott for the opportunity to testify before this Subcommittee today regarding violent recidivists and the grave threat that they pose to our children.

On February 6, 2004, an 11-year old girl was kidnapped, brutally raped and murdered in my hometown of Sarasota, Florida. The entire nation mourned as news reports replayed the tape of Carlie Brucia’s abduction, which a car wash surveillance camera had recorded.

This tragedy delivered a crushing blow to our community. Our hearts broke over the loss of a precious child, while we grappled with how to help her family and friends cope with their unfathomable grief. We did so knowing that no volume of condolences can ever repair the chasm that has opened in their lives.

Yet, we can – and we must -- insist upon swift and severe justice for her killer. Moreover, we can – and we must – do more to honor Carlie’s memory. We must act now to protect our children from the criminal repeat offenders who use society’s second chances to commit more acts of violence.

Following the arrest of Joseph Smith, Carlie’s accused murderer, we learned that this man should have been behind bars. He possessed a long history of criminal activity, including a conviction for aggravated battery. He had been arrested 13 times and placed on probation three times since 1993. In fact, he was in police custody on an unrelated charge when he was linked to this crime.

These facts point to a deeply troubling trend in our judicial system. Career criminals continue to demonstrate their menace to society, yet they remain free to roam our neighborhoods and free to prey upon our children.

The continued exercise of judicial discretion remains preferable in many cases. Nevertheless, we cannot afford to continue gambling the safety of our children on the forlorn hope that clearly dangerous individuals have reformed their behavior.

Thus, I felt a moral duty to review the laws that govern how the federal justice system releases convicted criminals back into society.

What I discovered was both shocking and dismaying. Currently, Sections 3565 and 3583 of Title 18 of the United States Code mandate probation and supervised release as the only means by which a convicted criminal can be freed prior to completing his or her sentence.

These laws specify just four grounds for the mandatory revocation of probation or supervised release. Three out of the four deal with drug use and possession. The fourth arises from firearm possession. Amazingly, a federal felon may commit violent crimes or sexual crimes against children and receive additional probation. I believe that Carlie Brucia’s memory implores us to correct this travesty before it is too late for another child.

Thus, last May 20^th, I introduced HR 4150, entitled Carlie’s Law, which expands the grounds for the mandatory revocation of probation or supervised release for felons convicted in federal court. This legislation requires the automatic revocation of probation or supervised release when a federal felon commits a felony crime of violence or any crime of violence against a child under the age of 16. It also imposes the mandatory revocation of probation or supervised release when a federal felon commits an offense involving or facilitating sexual contact with a child under the age of 16.

Admittedly, these provisions would not have prompted the re-incarceration of Carlie Brucia’s accused murderer. That fact should not prevent us from reviewing our entire system of probation and supervised release, so that we can identify the clearest risks to the safety of our children.

A recent study issued in 2002 by the Bureau of Justice Statistics measured the recidivism rate over three years for two-thirds of the prisoners released in the United States in 1994. It noted that the commission of new crimes does not always result in new prison sentences:

“Not all of the reconvicted prisoners were sentenced to another prison term for their new crime. Some were sentenced to confinement in a local jail. Some were sentenced to neither prison nor jail but to probation, which allowed them to remain free in their communities but under the supervision of a probation officer.”

For the more than 270,000 convicts that this study covered, the average length of sentence was 5 years and the average time served constituted 20 months, or 35 percent. 70 percent of these individuals had five or more arrests on their criminal record; 50 percent had at least two convictions. While 22.5 percent were then serving a sentence for a violent crime such as murder or sexual assault, almost 54 percent had a prior record of violence.

Of course, re-conviction should not always mean re-incarceration, particularly if the new crime is comparatively minor. When career criminals commit acts of violence or sexually abuse a child, however, they do not belong on our streets and in our communities. Our children simply cannot afford the risk.

So today, let us recommit ourselves to achieving an America where we no longer dedicate laws to stolen young lives but instead name laws as tribute to their promise.

Thank you.