Bill Text: FL S0092 | 2012 | Regular Session | Comm Sub

Bill Title: Reducing or Suspending the Sentence of a Juvenile Offender

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2012-03-09 - Died in Budget Subcommittee on Criminal and Civil Justice Appropriations [S0092 Detail]

Download: Florida-2012-S0092-Comm_Sub.html
       Florida Senate - 2012                               CS for SB 92
       By the Committee on Criminal Justice; and Senator Joyner
       591-00854-12                                            201292c1
    1                        A bill to be entitled                      
    2         An act relating to reducing or suspending the sentence
    3         of a juvenile offender; providing a short title;
    4         creating s. 921.167, F.S.; defining terms; providing
    5         that a juvenile offender who was 17 years of age or
    6         younger at the time of committing one or more
    7         nonhomicide offenses and who was sentenced to 10 or
    8         more years of imprisonment may be eligible for a
    9         reduced or suspended sentence; providing that the
   10         juvenile offender may petition the court after a
   11         specified age for a hearing to reduce or suspend the
   12         sentence; setting forth the eligibility criteria to
   13         reduce or suspend a sentence; authorizing the juvenile
   14         offender to petition for subsequent sentencing
   15         hearings if the court does not reduce or suspend the
   16         juvenile offender’s sentence; providing an effective
   17         date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. This act may be cited as the “Second Chance for
   22  Children Act.”
   23         Section 2. Section 921.167, Florida Statutes, is created to
   24  read:
   25         921.167 Juvenile offender reduction or suspension of
   26  sentence.—
   27         (1) As used in this section, the term:
   28         (a) “Department” means the Department of Corrections.
   29         (b) “Juvenile offender” means an offender who was sentenced
   30  to a single or cumulative term of imprisonment of 10 or more
   31  years for one or more nonhomicide offenses committed while he or
   32  she was 17 years of age or younger.
   33         (c) “Nonhomicide offense” means an offense that did not
   34  result in the death of a human being.
   35         (d) Reentry program” means a program that promotes
   36  effective reintegration of an offender back into the community
   37  upon release and provides one or more of the following
   38  activities:
   39         1. Vocational training;
   40         2. Placement services;
   41         3. Transitional housing;
   42         4. Mentoring; or
   43         5. Drug rehabilitation.
   44         (2) Notwithstanding any other law, a juvenile offender may
   45  be eligible for a reduced or suspended sentence under this
   46  section.
   47         (a) A juvenile offender must have a sentencing hearing to
   48  determine whether she or he has been sufficiently rehabilitated
   49  while in the custody of the department before he or she can be
   50  eligible for a reduced or suspended sentence under this section.
   51         (b) Upon reaching 25 years of age, a juvenile offender may
   52  petition the court to reduce or suspend his or her sentence. The
   53  petition shall be filed in the court that initially sentenced
   54  the juvenile offender. In order to be eligible for a reduced or
   55  suspended sentence, the petition must allege that the juvenile
   56  offender has:
   57         1. Successfully completed the general education development
   58  (GED) program, if he or she does not have a high school diploma,
   59  unless this requirement has been waived because of the juvenile
   60  offender’s disability as shown by the juvenile offender’s
   61  previous individual education plan , 504 accommodation plan
   62  under s. 504 of the federal Rehabilitation Act of 1973, or by a
   63  psychological evaluation; and
   64         2. Not received any disciplinary reports issued by the
   65  department for a period of at least 3 years immediately before
   66  filing the petition.
   67         (c) The court shall schedule a sentencing hearing within 90
   68  days after the filing of the petition to determine whether the
   69  juvenile offender’s sentence should be reduced or suspended.
   70  When determining whether the juvenile offender has been
   71  sufficiently rehabilitated, the court shall consider:
   72         1.The juvenile offender’s age, maturity, and psychological
   73  development at the time of the offense or offenses.
   74         2.Any physical, sexual, or emotional abuse of the juvenile
   75  offender before the commission of the offense or offenses.
   76         3.Any showing of insufficient adult support or supervision
   77  of the juvenile offender before the offense or offenses.
   78         4.Whether the juvenile offender was a principal or an
   79  accomplice, was a relatively minor participant, or acted under
   80  extreme duress or domination by another person.
   81         5. The wishes of the victim or the opinions of the victim’s
   82  next of kin.
   83         6. The results of any available psychological evaluation
   84  administered by a mental health professional as ordered by the
   85  court before the sentencing hearing.
   86         7.Any showing of sincere and sustained remorse by the
   87  juvenile offender for the offense or offenses.
   88         8. The juvenile offender’s behavior while in the custody of
   89  the department including disciplinary reports.
   90         9. Whether the juvenile offender has successfully completed
   91  or participated in educational, technical, or vocational
   92  programs and any available self-rehabilitation programs while in
   93  the custody of the department.
   94         10. Any showing by the juvenile offender of a post-release
   95  plan including, but not limited to, contacts made with
   96  transitional organizations, faith- and character-based
   97  organizations, or other reentry service programs.
   98         11. Any other factor relevant to the juvenile offender’s
   99  rehabilitation while in the custody of the department.
  100         (3) A juvenile offender whose sentence is not reduced or
  101  suspended under this section may petition the court for a
  102  subsequent sentencing hearing 7 years after the date of the
  103  previous sentencing hearing and every 7 years thereafter.
  104         (4) If the court determines that the petitioner’s sentence
  105  should be reduced or suspended under this section, the juvenile
  106  offender shall participate in any available reentry program for
  107  2 years upon release.
  108         (5) The court may appoint an attorney to represent the
  109  juvenile offender at the sentencing hearing.
  110         Section 3. This act shall take effect upon becoming a law.