Bill Amendment: FL S1350 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Criminal Penalties
Status: 2013-05-03 - Died on Calendar [S1350 Detail]
Download: Florida-2013-S1350-Senate_Floor_Amendment_638138.html
Bill Title: Criminal Penalties
Status: 2013-05-03 - Died on Calendar [S1350 Detail]
Download: Florida-2013-S1350-Senate_Floor_Amendment_638138.html
Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for SB 1350 Barcode 638138 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/29/2013 01:52 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 126 and 127 4 insert: 5 Section 2. A person who is sentenced under this section for 6 a crime he or she committed when he or she was under the age of 7 18 is entitled to a review of his or her sentence as follows: 8 (1) A person sentenced to life in prison without parole, 9 life in prison, or a term of years 50 years or greater shall 10 have his or her sentence reviewed after 25 years. The sentencing 11 court shall retain original jurisdiction for the duration of the 12 sentence for this purpose. The Department of Corrections shall 13 notify juvenile offenders who are committed to the department of 14 their eligibility to participate in a resentencing hearing 18 15 months prior to the beginning of their 25th year of 16 incarceration. The juvenile offender may apply to the court of 17 original jurisdiction requesting that a resentencing hearing be 18 held. 19 (a) An offender is entitled to be represented by counsel, 20 and the court shall appoint a public defender to represent the 21 offender if the offender cannot afford an attorney. 22 (b) The court shall hold a resentencing hearing to 23 determine whether the offender’s sentence should be modified. 24 The resentencing court shall consider all of the following: 25 1. Whether the offender demonstrates maturity and 26 rehabilitation. 27 2. Whether the offender remains at the same level of risk 28 to society as he or she did at the time of the initial 29 sentencing. 30 3. The opinion of the victim or the victim’s next of kin. 31 The absence of the victim or the victim’s next of kin from the 32 resentencing hearing may not be a factor in the court’s 33 determination under this section. If the victim or the victim’s 34 next of kin chooses not to participate in the hearing, the court 35 may consider previous statements made by the victim or the 36 victim’s next of kin during the trial or initial sentencing 37 phase. 38 4. Whether the offender was a relatively minor participant 39 in the criminal offense or acted under extreme duress or the 40 domination of another person. 41 5. Whether the offender has shown sincere and sustained 42 remorse for the criminal offense. 43 6. Whether the offender’s age, maturity, and psychological 44 development at the time of the offense affected his or her 45 behavior. 46 7. Whether the offender has successfully obtained a general 47 educational development certificate or completed another 48 educational, technical, work, vocational, or self-rehabilitation 49 program, if such a program is available. 50 8. Whether the offender was a victim of sexual, physical, 51 or emotional abuse before he or she committed the offense. 52 9. The results of any mental health assessment, risk 53 assessment, or evaluation of the offender as to rehabilitation. 54 (c) If the court determines at the resentencing hearing 55 that the offender has been rehabilitated and is reasonably 56 believed to be fit to reenter society based on these factors, a 57 term of probation of at least 5 years shall be imposed. If the 58 court determines that the offender has not demonstrated 59 rehabilitation and is not fit to reenter society based on these 60 factors, the court shall issue an order in writing stating the 61 reasons the sentence is not being modified. 62 (d) An offender who is not resentenced under this 63 subsection at the initial resentencing is eligible for up to 64 three additional sentencing reviews. A minimum of 5 years must 65 pass before the individual is eligible for the sentencing 66 review. An offender sentenced to a term of years less than life 67 may not petition the court for a review of his or her sentence 68 if he or she is in the last 5 years of his or her sentence. 69 (2) If the person convicted is sentenced to a term of years 70 greater than 25 years but less than 50 years, the person shall 71 be entitled to a single review hearing at the midpoint of his or 72 her sentence. The person shall be subject to the resentencing 73 guidelines set forth in paragraph (b). If the judge at the 74 resentencing hearing determines that the original sentence is 75 appropriate, no other reviews shall be granted. 76 (3) This section is retroactive to the extent necessary to 77 comply with the ruling of the United State Supreme Court in 78 Miller v. Alabama, 567 U.S. ______, No. 10-9646 (2012) and 79 Graham v. Florida, 560 U.S. ______, No. 08-7412 (2010). 80 81 ================= T I T L E A M E N D M E N T ================ 82 And the title is amended as follows: 83 Delete line 7 84 and insert: 85 imprisonment is an appropriate sentence; providing for 86 review of certain sentences of offenders who were 87 under the age of 18 at the time of the offense; 88 providing requirements and procedures for such 89 reviews; providing an