Bill Text: FL S1308 | 2020 | Regular Session | Comm Sub
Bill Title: Criminal Justice
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S1308 Detail]
Download: Florida-2020-S1308-Comm_Sub.html
Florida Senate - 2020 CS for SB 1308 By the Committee on Criminal Justice; and Senators Brandes and Bracy 591-03084-20 20201308c1 1 A bill to be entitled 2 An act relating to criminal justice; providing a short 3 title; amending s. 775.082, F.S.; authorizing the 4 resentencing and release of certain persons who are 5 eligible for sentence review under specified 6 provisions; reenacting and amending s. 921.1402, F.S.; 7 revising the circumstances under which a juvenile 8 offender is not entitled to a review of his or her 9 sentence after a specified timeframe; creating s. 10 921.14021, F.S.; providing legislative intent; 11 providing for retroactive application of a specified 12 provision relating to a review of sentence for 13 juvenile offenders convicted of murder; providing for 14 immediate review of certain sentences; creating s. 15 921.1403, F.S.; defining the term “young adult 16 offender”; precluding eligibility for a sentence 17 review for young adult offenders who previously 18 committed, or conspired to commit, murder; providing 19 timeframes within which young adult offenders who 20 commit specified crimes are entitled to a review of 21 their sentences; providing applicability; requiring 22 the Department of Corrections to notify young adult 23 offenders in writing of their eligibility for sentence 24 review within certain timeframes; requiring a young 25 adult offender seeking a sentence review or a 26 subsequent sentence review to submit an application to 27 the original sentencing court and request a hearing; 28 providing for legal representation of eligible young 29 adult offenders; providing for one subsequent review 30 hearing for the young adult offender after a certain 31 timeframe if he or she is not resentenced at the 32 initial sentence review hearing; requiring the 33 original sentencing court to hold a sentence review 34 hearing upon receiving an application from an eligible 35 young adult offender; requiring the court to consider 36 certain factors in determining whether to modify the 37 young adult offender’s sentence; authorizing a court 38 to modify the sentence of certain young adult 39 offenders if the court makes certain determinations; 40 requiring the court to issue a written order stating 41 certain information in specified circumstances; 42 providing for retroactive application; amending s. 43 944.705, F.S.; requiring the department to provide 44 inmates with certain information upon their release; 45 creating s. 951.30, F.S.; requiring that 46 administrators of county detention facilities provide 47 inmates with certain information upon their release; 48 amending s. 1009.21, F.S.; providing that a specified 49 period of time spent in a county detention facility or 50 state correctional facility counts toward the 12-month 51 residency requirement for tuition purposes; requiring 52 the Office of Program Policy and Governmental 53 Accountability (OPPAGA) to conduct a study to evaluate 54 the various opportunities available to persons 55 returning to the community from imprisonment; 56 providing study requirements; requiring OPPAGA to 57 submit a report to the Governor and the Legislature by 58 a specified date; providing an effective date. 59 60 Be It Enacted by the Legislature of the State of Florida: 61 62 Section 1. This act may be cited as “The Second Look Act.” 63 Section 2. Paragraph (b) of subsection (9) of section 64 775.082, Florida Statutes, is amended to read: 65 775.082 Penalties; applicability of sentencing structures; 66 mandatory minimum sentences for certain reoffenders previously 67 released from prison.— 68 (9) 69 (b)1. Except as provided in subparagraph 2., a person 70 sentenced under paragraph (a) shall be released only by 71 expiration of sentence and shall not be eligible for parole, 72 control release, or any form of early release. Any person 73 sentenced under paragraph (a) must serve 100 percent of the 74 court-imposed sentence. 75 2. A juvenile or young adult offender who is eligible for 76 review of his or her sentence under s. 921.1402 or s. 921.1403, 77 respectively, may be resentenced and released from imprisonment 78 if a court deems the resentencing appropriate in accordance with 79 the review requirements under such sections. 80 Section 3. Paragraph (a) of subsection (2) of section 81 921.1402, Florida Statutes, is amended, and subsection (4) of 82 that section is reenacted, to read: 83 921.1402 Review of sentences for persons convicted of 84 specified offenses committed while under the age of 18 years.— 85 (2)(a) A juvenile offender sentenced under s. 86 775.082(1)(b)1. is entitled to a review of his or her sentence 87 after 25 years. However, a juvenile offender is not entitled to 88 review if he or she has previously been convicted of committing 89oneof the following offenses, or of conspiracy to commitone of90the following offenses, murder if the murder offense for which 91 the person was previously convicted was part of a separate 92 criminal transaction or episode than the murderthatwhich 93 resulted in the sentence under s. 775.082(1)(b)1.:941. Murder;952. Manslaughter;963. Sexual battery;974. Armed burglary;985. Armed robbery;996. Armed carjacking;1007. Home-invasion robbery;1018. Human trafficking for commercial sexual activity with a102child under 18 years of age;1039. False imprisonment under s. 787.02(3)(a); or10410. Kidnapping.105 (4) A juvenile offender seeking sentence review pursuant to 106 subsection (2) must submit an application to the court of 107 original jurisdiction requesting that a sentence review hearing 108 be held. The juvenile offender must submit a new application to 109 the court of original jurisdiction to request subsequent 110 sentence review hearings pursuant to paragraph (2)(d). The 111 sentencing court shall retain original jurisdiction for the 112 duration of the sentence for this purpose. 113 Section 4. Section 921.14021, Florida Statutes, is created 114 to read: 115 921.14021 Retroactive application relating to s. 921.1402; 116 legislative intent; review of sentence.— 117 (1) It is the intent of the Legislature to retroactively 118 apply the amendments made to s. 921.1402 which are effective on 119 July 1, 2020, only as provided in this section, to juvenile 120 offenders convicted of a capital offense and sentenced under s. 121 775.082(1)(b)1. who have been ineligible for sentence review 122 hearings because of a previous conviction of an offense 123 enumerated in s. 921.1402(2)(a) thereby providing such juvenile 124 offenders with an opportunity for consideration by a court and 125 an opportunity for release if deemed appropriate under law. 126 (2) A juvenile offender, as defined in s. 921.1402, who was 127 convicted for a capital offense and sentenced under s. 128 775.082(1)(b)1., and who was ineligible for a sentence review 129 hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before 130 July 1, 2020, is entitled to a review of his or her sentence 131 after 25 years or, if on July 1, 2020, 25 years have already 132 passed since the sentencing, immediately. 133 Section 5. Section 921.1403, Florida Statutes, is created 134 to read: 135 921.1403 Review of sentences for persons convicted of 136 specified offenses committed while under 25 years of age.— 137 (1) As used in this section, the term “young adult 138 offender” means a person who committed an offense before he or 139 she reached 25 years of age and for which he or she is sentenced 140 to a term of years in the custody of the Department of 141 Corrections, regardless of the date of sentencing. 142 (2) A young adult offender is not entitled to a sentence 143 review under this section if he or she has previously been 144 convicted of committing, or of conspiring to commit, murder if 145 the murder offense for which the person was previously convicted 146 was part of a separate criminal transaction or episode than that 147 which resulted in the sentence under s. 775.082(3)(a)1., 2., 3., 148 4., or 6., or (b)1. 149 (3)(a)1. A young adult offender who is convicted of an 150 offense that is a life felony, that is punishable by a term of 151 years not exceeding life imprisonment, or that was reclassified 152 as a life felony, which was committed after the person attained 153 18 years of age and who is sentenced to a term of more than 20 154 years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is entitled 155 to a review of his or her sentence after 20 years. 156 2. This paragraph does not apply to a person who is 157 eligible for sentencing under s. 775.082(3)(a)5. 158 (b) A young adult offender who is convicted of an offense 159 that is a felony of the first degree or that was reclassified as 160 a felony of the first degree and who is sentenced to a term of 161 more than 15 years under s. 775.082(3)(b)1. is entitled to a 162 review of his or her sentence after 15 years. 163 (4) The Department of Corrections must notify a young adult 164 offender in writing of his or her eligibility to request a 165 sentence review hearing 18 months before the young adult 166 offender is entitled to a sentence review hearing or notify him 167 or her immediately in writing if the offender is eligible as of 168 July 1, 2020. 169 (5) A young adult offender seeking a sentence review under 170 this section must submit an application to the original 171 sentencing court requesting that the court hold a sentence 172 review hearing. The young adult offender seeking a subsequent 173 sentence review hearing must submit a new application to the 174 original sentencing court to request a subsequent sentence 175 review hearing pursuant to subsection (7). The original 176 sentencing court retains jurisdiction for the duration of the 177 sentence for this purpose. 178 (6) A young adult offender who is eligible for a sentence 179 review hearing under this section is entitled to be represented 180 by an attorney, and the court must appoint a public defender to 181 represent the young adult offender if he or she cannot afford an 182 attorney. 183 (7)(a) If the young adult offender seeking sentence review 184 under paragraph (3)(a) is not resentenced at the initial 185 sentence review hearing, he or she is eligible for one 186 subsequent review hearing 5 years after the initial review 187 hearing. 188 (b) If the young adult offender seeking sentence review 189 under paragraph (3)(b) is not resentenced at the initial 190 sentence review hearing, he or she is eligible for one 191 subsequent review hearing 5 years after the initial review 192 hearing. 193 (8) Upon receiving an application from an eligible young 194 adult offender, the original sentencing court must hold a 195 sentence review hearing to determine whether to modify the young 196 adult offender’s sentence. When determining if it is appropriate 197 to modify the young adult offender’s sentence, the court must 198 consider any factor it deems appropriate, including, but not 199 limited to, any of the following: 200 (a) Whether the young adult offender demonstrates maturity 201 and rehabilitation. 202 (b) Whether the young adult offender remains at the same 203 level of risk to society as he or she did at the time of the 204 initial sentencing. 205 (c) The opinion of the victim or the victim’s next of kin. 206 The absence of the victim or the victim’s next of kin from the 207 sentence review hearing may not be a factor in the determination 208 of the court under this section. The court must allow the victim 209 or victim’s next of kin to be heard in person, in writing, or by 210 electronic means. If the victim or the victim’s next of kin 211 chooses not to participate in the hearing, the court may 212 consider previous statements made by the victim or the victim’s 213 next of kin during the trial, initial sentencing phase, or 214 previous sentencing review hearings. 215 (d) Whether the young adult offender was a relatively minor 216 participant in the criminal offense or whether he or she acted 217 under extreme duress or under the domination of another person. 218 (e) Whether the young adult offender has shown sincere and 219 sustained remorse for the criminal offense. 220 (f) Whether the young adult offender’s age, maturity, or 221 psychological development at the time of the offense affected 222 his or her behavior. 223 (g) Whether the young adult offender has successfully 224 obtained a high school equivalency diploma or completed another 225 educational, technical, work, vocational, or self-rehabilitation 226 program, if such a program is available. 227 (h) Whether the young adult offender was a victim of 228 sexual, physical, or emotional abuse before he or she committed 229 the offense. 230 (i) The results of any mental health assessment, risk 231 assessment, or evaluation of the young adult offender as to 232 rehabilitation. 233 (9)(a) If the court determines at a sentence review hearing 234 that the young adult offender who is seeking sentence review 235 under paragraph (3)(a) has been rehabilitated and is reasonably 236 believed to be fit to reenter society, the court may modify the 237 sentence and impose a term of probation of at least 5 years. 238 (b) If the court determines at a sentence review hearing 239 that the young adult offender who is seeking sentence review 240 under paragraph (3)(b) has been rehabilitated and is reasonably 241 believed to be fit to reenter society, the court may modify the 242 sentence and impose a term of probation of at least 3 years. 243 (c) If the court determines that the young adult offender 244 seeking sentence review under paragraph (3)(a) or (3)(b) has not 245 demonstrated rehabilitation or is not fit to reenter society, 246 the court must issue a written order stating the reasons why the 247 sentence is not being modified. 248 (10) This section applies retroactively to a young adult 249 offender eligible under this section. 250 Section 6. Paragraph (a) of subsection (7) of section 251 944.705, Florida Statutes, is amended to read: 252 944.705 Release orientation program.— 253 (7)(a) The department shall notify every inmate in the 254 inmate’s release documents: 255 1. Of all outstanding terms of the inmate’s sentence at the 256 time of release to assist the inmate in determining his or her 257 status with regard to the completion of all terms of sentence, 258 as that term is defined in s. 98.0751. This subparagraph does 259 not apply to inmates who are being released from the custody of 260 the department to any type of supervision monitored by the 261 department; 262 2. Of the dates of admission to and release from the 263 custody of the department, including the total length of the 264 term of imprisonment for which he or she is being released; and 265 3.2.In not less than 18-point type, that the inmate may be 266 sentenced pursuant to s. 775.082(9) if the inmate commits any 267 felony offense described in s. 775.082(9) within 3 years after 268 the inmate’s release. This notice must be prefaced by the word 269 “WARNING” in boldfaced type. 270 Section 7. Section 951.30, Florida Statutes, is created to 271 read: 272 951.30 Release documents requirements.—The administrator of 273 a county detention facility must provide to each inmate upon 274 release from the custody of the facility the dates of his or her 275 admission to and release from the custody of the facility, 276 including the total length of the term of imprisonment from 277 which he or she is being released. 278 Section 8. Paragraph (a) of subsection (2) and paragraphs 279 (b) and (c) of subsection (3) of section 1009.21, Florida 280 Statutes, are amended to read: 281 1009.21 Determination of resident status for tuition 282 purposes.—Students shall be classified as residents or 283 nonresidents for the purpose of assessing tuition in 284 postsecondary educational programs offered by charter technical 285 career centers or career centers operated by school districts, 286 in Florida College System institutions, and in state 287 universities. 288 (2)(a) To qualify as a resident for tuition purposes: 289 1. A person or, if that person is a dependent child, his or 290 her parent or parents must have established legal residence in 291 this state and must have maintained legal residence in this 292 state for at least 12 consecutive months immediately before 293prior tohis or her initial enrollment in an institution of 294 higher education. The 12 consecutive months immediately before 295 enrollment may include time spent incarcerated in a county 296 detention facility or state correctional facility. 297 2. Every applicant for admission to an institution of 298 higher education shall be required to make a statement as to his 299 or her length of residence in the state and, further, shall 300 establish that his or her presence or, if the applicant is a 301 dependent child, the presence of his or her parent or parents in 302 the state currently is, and during the requisite 12-month 303 qualifying period was, for the purpose of maintaining a bona 304 fide domicile, rather than for the purpose of maintaining a mere 305 temporary residence or abode incident to enrollment in an 306 institution of higher education. 307 (3) 308 (b) Except as otherwise provided in this section, evidence 309 of legal residence and its duration shall include clear and 310 convincing documentation that residency in this state was for a 311 minimum of 12 consecutive months prior to a student’s initial 312 enrollment in an institution of higher education. Time spent 313 incarcerated in a county detention facility or state 314 correctional facility must be credited toward the residency 315 requirement, with any combination of documented time living in 316 Florida before and after incarceration. 317 (c) Each institution of higher education shall 318 affirmatively determine that an applicant who has been granted 319 admission to that institution as a Florida resident meets the 320 residency requirements of this section at the time of initial 321 enrollment. The residency determination must be documented by 322 the submission of written or electronic verification that 323 includes two or more of the documents identified in this 324 paragraph. No single piece of evidence shall be conclusive. 325 1. The documents must include at least one of the 326 following: 327 a. A Florida voter’s registration card. 328 b. A Florida driver license. 329 c. A State of Florida identification card. 330 d. A Florida vehicle registration. 331 e. Proof of a permanent home in Florida which is occupied 332 as a primary residence by the individual or by the individual’s 333 parent if the individual is a dependent child. 334 f. Proof of a homestead exemption in Florida. 335 g. Transcripts from a Florida high school for multiple 336 years if the Florida high school diploma or high school 337 equivalency diploma was earned within the last 12 months. 338 h. Proof of permanent full-time employment in Florida for 339 at least 30 hours per week for a 12-month period. 340 2. The documents may include one or more of the following: 341 a. A declaration of domicile in Florida. 342 b. A Florida professional or occupational license. 343 c. Florida incorporation. 344 d. A document evidencing family ties in Florida. 345 e. Proof of membership in a Florida-based charitable or 346 professional organization. 347 f. Any other documentation that supports the student’s 348 request for resident status, including, but not limited to, 349 utility bills and proof of 12 consecutive months of payments; a 350 lease agreement and proof of 12 consecutive months of payments; 351 or an official local, state, federal, or court document 352 evidencing legal ties to Florida. 353 Section 9. The Office of Program Policy and Governmental 354 Accountability (OPPAGA) must conduct a study to evaluate the 355 various opportunities available to persons returning to the 356 community from imprisonment. The study’s scope must include, but 357 need not be limited to, any barriers to such opportunities; the 358 collateral consequences that are present, if applicable, for 359 persons who are released from incarceration into the community; 360 and methods for reducing the collateral consequences identified. 361 OPPAGA must submit a report to the Governor, the President of 362 the Senate, the Minority Leader of the Senate, the Speaker of 363 the House of Representatives, and the Minority Leader of the 364 House of Representatives by November 1, 2020. 365 Section 10. This act shall take effect July 1, 2020.