Bill Text: FL H0029 | 2011 | Regular Session | Introduced

---

Bill Title: Parole for Juvenile Offenders

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0029 Detail]

Download: Florida-2011-H0029-Introduced.html

---

HB 29

1	A bill to be entitled
2	An act relating to parole for juvenile offenders;
3	providing a short title; amending s. 947.16, F.S.;
4	providing definitions; providing that a juvenile offender
5	who was less than 18 years of age at the time of
6	commission of a nonhomicide offense and who is sentenced
7	to life imprisonment is eligible for parole if the
8	offender has been incarcerated for a minimum period;
9	requiring an initial eligibility interview to determine
10	whether the juvenile offender has demonstrated maturity
11	and reform for parole; providing criteria to determine
12	maturity and reform; providing eligibility for a
13	reinterview after a specified period for juvenile
14	offenders denied parole; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  This act may be cited as the "Graham Compliance
19	Act."
20	Section 2.  Subsections (2) through (6) of section 947.16,
21	Florida Statutes, are renumbered as subsections (3) through (7),
22	respectively, and a new subsection (2) is added to that section
23	to read:
24	947.16  Eligibility for parole; initial parole interviews;
25	powers and duties of commission; juvenile offender eligibility.-
26	(2)(a)  As used in this subsection, the term:
27	1.  "Juvenile offender" means an offender who was less than
28	18 years of age at the time the nonhomicide offense was
29	committed.
30	2.  "Nonhomicide offense" means an offense that did not
31	result in the death of a human being.
32	(b)  Notwithstanding subsection (1) or any other provision
33	of law to the contrary, a juvenile offender who is sentenced to
34	life imprisonment for a nonhomicide offense may be eligible for
35	parole as provided in this subsection.
36	(c)  Before a juvenile offender may be granted parole under
37	this subsection, she or he must have an initial eligibility
38	interview to determine whether she or he has demonstrated
39	maturity and reform while in the custody of the department to
40	justify granting parole. The initial eligibility interview must
41	occur only after the juvenile offender serves 25 years of
42	incarceration. The initial eligibility interview and any
43	subsequent eligibility interviews must occur only if the
44	juvenile offender has received no approved disciplinary reports
45	for at least 3 years before the scheduled eligibility interview.
46	(d)  In determining whether the juvenile offender has
47	demonstrated maturity and reform and whether she or he should be
48	granted parole, the commission must consider all of the
49	following:
50	1.  The wishes of the victim or the opinions of the
51	victim's next of kin.
52	2.  Whether the juvenile offender was a relatively minor
53	participant in the criminal offense or acted under extreme
54	duress or domination of another person.
55	3.  Whether the juvenile offender has shown sincere and
56	sustained remorse for the criminal offense.
57	4.  Whether the juvenile offender's age, maturity, and
58	psychological development at the time of the offense affected
59	her or his behavior.
60	5.  Whether the juvenile offender, while in the custody of
61	the department, has aided inmates suffering from catastrophic or
62	terminal medical, mental, or physical conditions or has
63	prevented risk or injury to staff, citizens, or other inmates.
64	6.  Whether the juvenile offender has successfully
65	completed any General Educational Development, other
66	educational, technical, work, vocational, or available self-
67	rehabilitation program.
68	7.  Whether the juvenile offender was a victim of sexual,
69	physical, or emotional abuse prior to the time of the offense.
70	8.  The results of any mental health assessment or
71	evaluation that has been performed on the juvenile offender.
72	(e)  A juvenile offender who is not granted parole under
73	this subsection after an initial eligibility interview is
74	eligible for a reinterview 7 years after the date of the denial
75	of the grant of parole and every 7 years thereafter.
76	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.