Bill Text: FL S0184 | 2010 | Regular Session | Comm Sub

Bill Title: Adolescent Offenders/Parole [SPSC]

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [S0184 Detail]

Download: Florida-2010-S0184-Comm_Sub.html
       Florida Senate - 2010                       CS for CS for SB 184 
       By the Committees on Criminal and Civil Justice Appropriations; 
       and Criminal Justice; and Senators Joyner and Dockery 
       604-04842-10                                           2010184c2 
    1                        A bill to be entitled                       
    2         An act relating to parole for adolescent offenders; 
    3         providing a short title; amending s. 947.16, F.S.; 
    4         providing definitions; providing that an adolescent 
    5         offender who was 15 years of age or younger at the 
    6         time of commission of an offense and who is sentenced 
    7         to life or a single or cumulative term of 10 years or 
    8         more in prison is eligible for parole if the offender 
    9         has been incarcerated for a minimum period and has not 
   10         previously been convicted of or adjudicated delinquent 
   11         for certain offenses; requiring an initial eligibility 
   12         interview to determine whether the adolescent offender 
   13         has been sufficiently rehabilitated for parole; 
   14         providing criteria to determine sufficient 
   15         rehabilitation; providing eligibility for a 
   16         reinterview after a specified period for adolescent 
   17         offenders denied parole; requiring the commission, 
   18         before any eligibility interview, to review the 
   19         adolescent offenders in the department’s custody to 
   20         determine which offenders meet the criteria for parole 
   21         consideration but have not obtained a GED certificate; 
   22         requiring the department to enroll such inmates in a 
   23         GED program within a reasonable time; providing that 
   24         if the adolescent offender is granted parole, the 
   25         adolescent offender must participate in any available 
   26         reentry program for 2 years; defining the term 
   27         “reentry program”; providing priority for certain 
   28         programs; providing for eligibility for an initial 
   29         eligibility interview for offenders in their eighth or 
   30         subsequent year of incarceration on the effective date 
   31         of the act; providing for retroactive application; 
   32         providing an effective date. 
   34  Be It Enacted by the Legislature of the State of Florida: 
   36         Section 1. This act may be cited as the “Second Chance for 
   37  Children in Prison Act.” 
   38         Section 2. Present subsections (2) through (6) of section 
   39  947.16, Florida Statutes, are renumbered as subsections (3) 
   40  through (7), respectively, and a new subsection (2) is added to 
   41  that section to read: 
   42         947.16 Eligibility for parole; initial parole interviews; 
   43  powers and duties of commission; adolescent offender 
   44  eligibility.— 
   45         (2)(a)As used in this subsection, the term: 
   46         1.“Adolescent offender” means an offender who was 15 years 
   47  of age or younger at the time the criminal act was committed and 
   48  was sentenced to life or to a single or cumulative term of 
   49  imprisonment of 10 years or more. 
   50         2.“Current offense” means the offense for which the 
   51  adolescent offender is being considered for parole and any other 
   52  crimes committed by the adolescent offender within a 1-month 
   53  period of that offense, or for which sentences run concurrent to 
   54  that offense. 
   55         (b)Notwithstanding the provisions of subsection (1) or of 
   56  any other law to the contrary, an adolescent offender may be 
   57  eligible for parole as provided in this subsection. 
   58         (c)An adolescent offender is ineligible under this 
   59  subsection if she or he: 
   60         1.Before conviction of the current offense, was convicted 
   61  of or adjudicated delinquent for any violation of: 
   62         a.Section 782.04, entitled “Murder”; 
   63         b.Section 784.041, entitled “Felony battery; domestic 
   64  battery by strangulation”; 
   65         c.Section 784.045, entitled “Aggravated battery”; 
   66         d.Section 784.07, entitled “Assault or battery of law 
   67  enforcement officers, firefighters, emergency medical care 
   68  providers, public transit employees or agents, or other 
   69  specified officers; reclassification of offenses; minimum 
   70  sentences”; 
   71         e.Section 784.08, entitled “Assault or battery on persons 
   72  65 years of age or older; reclassification of offenses; minimum 
   73  sentence”; 
   74         f.Section 787.01, entitled “Kidnapping; kidnapping of 
   75  child under age 13, aggravating circumstances”; 
   76         g.Section 790.07, entitled “Persons engaged in criminal 
   77  offense, having weapons”; 
   78         h.Section 794.011, entitled “Sexual battery”; 
   79         i.Section 812.133, entitled “Carjacking”; 
   80         j.Section 812.135, entitled “Home-invasion robbery”; 
   81         k.Section 827.03, entitled “Abuse, aggravated abuse, and 
   82  neglect of a child; penalties”; or 
   83         l.Section 828.12(2), entitled “Cruelty to animals.” 
   84         2.During the commission of the current offense, committed 
   85  an act of violence or threatened to commit an act of violence. 
   86         (d)Before an adolescent offender may be granted parole 
   87  under this subsection, she or he must have an initial 
   88  eligibility interview to determine whether she or he has been 
   89  sufficiently rehabilitated while in the custody of the 
   90  department to justify granting parole. The initial eligibility 
   91  interview will occur in the eighth year of incarceration. In 
   92  order to determine if the adolescent offender has been 
   93  sufficiently rehabilitated, she or he must have successfully 
   94  completed the General Educational Development (GED) program, 
   95  unless waived based on disability, and have received no approved 
   96  disciplinary reports for a period of at least 2 years 
   97  immediately prior to the current eligibility interview. The 
   98  hearing examiner must also take into serious consideration the 
   99  wishes of the victim or the opinions of the victim’s next of kin 
  100  and consider: 
  101         1.Whether the adolescent offender was a principal to the 
  102  criminal offense or an accomplice to the offense, a relatively 
  103  minor participant in the criminal offense, or acted under 
  104  extreme duress or domination of another person. 
  105         2.Whether the adolescent offender has shown remorse for 
  106  the criminal offense. 
  107         3.Whether the adolescent offender’s age, maturity, and 
  108  psychological development at the time of the offense affected 
  109  her or his behavior. 
  110         4.Whether the adolescent offender, while in the custody of 
  111  the department, has aided inmates suffering from catastrophic or 
  112  terminal medical, mental, or physical conditions or has 
  113  prevented risk or injury to staff, citizens, or other inmates. 
  114         5.Whether the adolescent offender has successfully 
  115  completed educational, technical, or vocational programs and any 
  116  available self-rehabilitation programs. 
  117         6.Whether the adolescent offender was a victim of sexual, 
  118  physical, or emotional abuse. 
  119         7.The results of any mental health assessment or 
  120  evaluation that has been performed on the adolescent offender. 
  121         (e)An adolescent offender who is not granted parole under 
  122  this subsection after an initial eligibility interview shall be 
  123  eligible for a reinterview 7 years after the date of the denial 
  124  of the grant of parole and every 7 years thereafter. 
  125         (f)Within 240 days before the initial eligibility 
  126  interview and at each reinterview thereafter, the commission 
  127  shall review the adolescent offenders in the department’s 
  128  custody to determine which offenders meet the criteria for 
  129  parole consideration under this section but have not obtained a 
  130  General Educational Development (GED) certificate. The 
  131  commission shall notify the department of any such inmate and 
  132  the department shall enroll the inmate in a GED program within a 
  133  reasonable time based upon program availability. The department 
  134  may remove the offender from the program if he or she: 
  135         1.Becomes a serious management or disciplinary problem 
  136  resulting from serious or repeat violations of departmental 
  137  rules; 
  138         2.Refuses to participate in the program, or does not 
  139  actively participate in the program for reasons other than 
  140  actions by the department which would preclude participation; or 
  141         3.Requires services, such as medical or mental health 
  142  treatment, which no longer allow him or her to participate in 
  143  the program. 
  144         (g)If the adolescent offender is granted parole, the 
  145  adolescent offender must participate in any available reentry 
  146  program for 2 years. As used in this paragraph, the term 
  147  “reentry program” means a program that promotes effective 
  148  reintegration of adolescent offenders back into communities upon 
  149  release and provides one or more of the following: vocational 
  150  training, placement services, transitional housing, mentoring, 
  151  or drug rehabilitation. Priority shall be given to those reentry 
  152  programs that are residential, highly structured, self-reliant, 
  153  and therapeutic communities. 
  154         Section 3. An adolescent offender, as defined in s. 
  155  947.16(2)(a), Florida Statutes, as created by this act, who is 
  156  in her or his eighth or subsequent year of incarceration on the 
  157  effective date of this act must receive an initial eligibility 
  158  interview as provided in s. 947.16(2)(c), Florida Statutes, as 
  159  created by this act, if she or he is otherwise eligible. 
  160         Section 4. This act shall take effect upon becoming a law, 
  161  and applies to offenses committed before, on, or after that 
  162  date.