DeSantis proposes death penalty for certain sex crimes, increased punishment for fentanyl

MIAMI — Gov. Ron DeSantis unveiled a tough-on-crime agenda forward of the upcoming legislative session, together with proposals to broaden the death penalty to certain kinds of sex crimes and mandating life sentences for individuals convicted of promoting fentanyl that appears like sweet to kids.

“We want to make sure that we cement our reputation as being a law-and-order state and take actions as necessary to help further protect the people of the state of Florida,” he stated throughout a news convention Thursday on the Miami Police Benevolent Association corridor. Police officers from a number of Miami-Dade cities, together with Hialeah and Coral Gables, have been within the viewers.

The governor, reiterating comments he made earlier this week, stated a supermajority vote by a jury ought to be ample to impose the death penalty. That would make Florida the second state to permit nonunanimous jury votes for the death penalty, along with Alabama.

DeSantis expanded that proposal, saying little one sexual abuse — particularly rape — also needs to be punishable by death, with a minimal sentence of life in jail with out the potential for parole.

“These people don’t care. They are unrepentant,” DeSantis stated. “… I believe the only appropriate punishment that would be commensurate to that would be capital.”

The room responded with applause.

The U.S. Supreme Court in 2008 ruled that the death penalty can solely be relevant within the occasion of homicide.

DeSantis stated the state will pursue little one sexual abuse instances that search the death penalty and will doubtlessly attain the Supreme Court.

“We do not believe the Supreme Court, in its current iteration, would uphold it,” he stated of the 2008 ruling, “and so we are going to be exploring ways to facilitate some capital trials if you have the worst of the worst.”

“Battle against fentanyl”

The governor additionally included a plan to deal with what he referred to as the “battle against fentanyl.” Under his proposal, it could develop into a first-degree felony to own, promote or manufacture fentanyl to appear to be sweet, with a minimal life sentence and $1 million penalty for people who find themselves focusing on kids as clients.

“We’re going to take action against this, because this is really targeting our youngest and most vulnerable kids,” he stated.

DeSantis stated his upcoming price range suggestion will embody $20 million for native police companies to go after fentanyl. “I know that that money will be very, very well spent,” he stated.

Bail reform backlash

The governor joined a rising refrain of Florida politicians decrying money bail reform, saying he plans to petition the Florida Supreme Court to set a uniform bond schedule that each one state courts should observe.

When somebody can afford to submit bail, they are often launched from jail rapidly whereas awaiting trial for a whole bunch of felony offenses. But individuals who can’t afford to make bail can spend weeks or months in county custody whereas awaiting trial on the identical costs.

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An effort by judges, prosecutors, county jail directors and others would make it simpler for individuals with decrease incomes to get out of jail on the identical schedule as somebody with the means to submit bail. A closing proposal is anticipated someday this yr.

For the overwhelming majority of costs in Florida, a person is eligible to place up money to remain out of jail. But underneath the brand new proposal, over 700 particular offenses will likely be flagged as excludable, that means a decide should oversee any bond choice. Miami-Dade Chief Judge Nushin Sayfie, who’s championing the overhaul, has stated that, underneath the plan, it’s doubtless that extra individuals will really seem in court docket.

Despite that, the proposal has generated backlash from Miami-Dade cities. Since December, a minimum of 4 have handed resolutions opposing or criticizing the plan: Miami Beach, South Miami, West Miami and Doral.

Hialeah Mayor Esteban Bovo stated Miami-Dade ought to be a “hard NO on this liberal idea” in a Twitter post sharing a Jan. 22 Miami Herald article concerning the effort. Miami Mayor Francis Suarez, standing with President Joe Biden throughout the U.S. Conference of Mayors assembly in Washington, D.C., final week, additionally condemned money bail reform — though his criticism was directed on the idea basically, fairly than the Miami-Dade proposal.

At Thursday’s news convention, Capt. Fernando Morales of the Homestead Police Department echoed the opposition.

“In our community, our officers are arresting violent criminals just to see them released a couple days later or, if not, during the same shift,” Morales stated.

Miami-Dade’s Corrections Department is a part of the workforce assembling the plan to streamline the county’s bail system and let individuals be launched from jail instantly after arrests for low-level crimes, fairly than let bail quantities be limitations to going house earlier than trial.

County Mayor Daniella Levine Cava oversees Corrections. At a news convention Wednesday forward of her state of the county deal with, Levine Cava declined to talk about the bail controversy.

“When there’s a final proposal, we’ll review it and weigh in,” she stated.

The new plan would make the most of software program that seeks to foretell who could break the regulation sooner or later to assist decide whether or not individuals arrested for certain low-level crimes could possibly be launched instantly, fairly than being detained till they will attend a bond listening to and find out how a lot they’ll must pay to be launched.

The use of such software program has been controversial. On Thursday, DeSantis stated expertise can’t exchange the “human wisdom” of a decide.

“If you have a circuit judge, that person can be voted out of office if they’re releasing criminals,” he stated. “You can’t vote an algorithm out of office.”

Miami Herald employees author Douglas Hanks contributed to this report.