Bill Text: FL S0834 | 2019 | Regular Session | Introduced


Bill Title: Presentencing Consideration

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Criminal Justice [S0834 Detail]

Download: Florida-2019-S0834-Introduced.html
       Florida Senate - 2019                                     SB 834
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01121-19                                            2019834__
    1                        A bill to be entitled                      
    2         An act relating to a presentencing consideration;
    3         creating s. 921.245, F.S.; defining the terms
    4         “dependent child” and “primary caretaker”; authorizing
    5         a defendant who is found guilty of committing a
    6         nonviolent offense to request a sentencing court to
    7         withhold sentencing until after making a certain
    8         determination; requiring the court to make certain
    9         written findings if the defendant makes such a motion,
   10         which must meet specified requirements; prohibiting
   11         the court from imposing a sentence of incarceration
   12         without making such findings; authorizing the court to
   13         impose a nonincarcerative sentence with specified
   14         conditions, in writing; authorizing a court to require
   15         the defendant to appear in court after reasonable
   16         notice to evaluate the defendant’s progress;
   17         authorizing the court to revise the sentence during
   18         the appearance; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 921.245, Florida Statutes, is created to
   23  read:
   24         921.245 Presentencing consideration for primary caretaker
   25  of dependent child.—
   26         (1) As used in this section, the term:
   27         (a) “Dependent child” means a child who is younger than 18
   28  years of age.
   29         (b) “Primary caretaker” means a parent, a guardian, or an
   30  individual who has assumed responsibility for a dependent
   31  child’s housing, health, financial support, education, family
   32  ties, and safety; or a woman who has given birth to a child
   33  after, or while awaiting, her sentencing hearing and who
   34  expresses a willingness to assume responsibility for that
   35  dependent child’s housing, health, and safety. The term includes
   36  a parent who, in the best interests of the dependent child, has
   37  arranged for the temporary care of the child in the home of a
   38  relative or other responsible adult.
   39         (2) Notwithstanding any other law, a defendant who is found
   40  guilty of committing a nonviolent offense may request that a
   41  sentencing court impose a sentence only after determining
   42  whether the defendant is a primary caretaker of a dependent
   43  child. If a defendant moves for such determination, by written
   44  motion supported by an affidavit, the court must make written
   45  findings concerning the defendant being a primary caretaker and
   46  the availability of appropriate individually assessed
   47  nonincarcerative sentence alternatives. The court may not impose
   48  a sentence of incarceration without first making such written
   49  findings. If the court determines that the defendant is a
   50  primary caretaker of a dependent child and identifies an
   51  available, appropriate nonincarcerative sentence, it may impose
   52  the nonincarcerative sentence with conditions, which must be in
   53  writing and must emphasize community rehabilitation and parent
   54  child unity and support. Such conditions may include, but need
   55  not be limited to, the defendant’s receipt of any of the
   56  following treatments or services:
   57         (a) Drug and alcohol treatment.
   58         (b)Domestic violence prevention education.
   59         (c)Physical or sexual abuse counseling.
   60         (d) Anger management treatment.
   61         (e)Vocational or educational services.
   62         (f) Job training and job placement services.
   63         (g)Affordable and safe housing assistance.
   64         (h) Financial literacy education.
   65         (i) Parenting classes.
   66         (j)Family and individual counseling.
   67         (k)Family case management services.
   68         (3)(a) The court may require any person serving an
   69  individually assessed sentence pursuant to this section to
   70  appear in court after reasonable notice at any time during his
   71  or her serving of that sentence to evaluate the person’s
   72  progress in treatment or rehabilitation, or to determine if the
   73  person has violated any condition of the sentence.
   74         (b) During an appearance in court made pursuant to
   75  paragraph (a), the court may:
   76         1. Modify the conditions of a sentence imposed pursuant to
   77  this section;
   78         2. Decrease the duration of a sentence imposed pursuant to
   79  this section based on the person’s successful advancement; or
   80         3. Sanction the person for each detected violation of any
   81  condition of the sentence imposed pursuant to this section,
   82  including, but not limited to, requiring the person to serve a
   83  term of imprisonment within the range of sentencing for the
   84  offense for which the person was originally convicted,
   85  notwithstanding the determination made pursuant to the
   86  subsection (2) that the person is a primary caretaker of a
   87  dependent child.
   88         Section 2. This act shall take effect July 1, 2019.

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