Bill Text: FL H0635 | 2012 | Regular Session | Introduced

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Bill Title: Reducing or Suspending the Sentence of a Juvenile Offender

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice Subcommittee [H0635 Detail]

Download: Florida-2012-H0635-Introduced.html

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HB 635

1	A bill to be entitled
2	An act relating to reducing or suspending the sentence
3	of a juvenile offender; providing a short title;
4	creating s. 921.167, F.S.; defining terms; providing
5	that a juvenile offender who was 17 years of age or
6	younger at the time of committing one or more
7	nonhomicide offenses and who was sentenced to 10 or
8	more years of imprisonment may be eligible for a
9	reduced or suspended sentence; providing that the
10	juvenile offender may petition the court after a
11	specified age for a hearing to reduce or suspend the
12	sentence; setting forth the eligibility criteria to
13	reduce or suspend a sentence; authorizing the juvenile
14	offender to petition for subsequent sentencing
15	hearings if the court does not reduce or suspend the
16	juvenile offender's sentence; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  This act may be cited as the "Second Chance for
22	Children Act."
23	Section 2.  Section 921.167, Florida Statutes, is created
24	to read:
25	921.167  Juvenile offender reduction or suspension of
26	sentence.-
27	(1)  As used in this section, the term:
28	(a)  "Department" means the Department of Corrections.
29	(b)  "Juvenile offender" means an offender who was
30	sentenced to a single or cumulative term of imprisonment of 10
31	or more years for one or more nonhomicide offenses committed
32	while he or she was 17 years of age or younger.
33	(c)  "Nonhomicide offense" means an offense that did not
34	result in the death of a human being.
35	(d)  "Reentry program" means a program that promotes
36	effective reintegration of an offender back into the community
37	upon release and provides one or more of the following
38	activities:
39	1.  Vocational training;
40	2.  Placement services;
41	3.  Transitional housing;
42	4.  Mentoring; or
43	5.  Drug rehabilitation.
44	(2)  Notwithstanding any other law, a juvenile offender may
45	be eligible for a reduced or suspended sentence under this
46	section.
47	(a)  A juvenile offender must have a sentencing hearing to
48	determine whether she or he has been sufficiently rehabilitated
49	while in the custody of the department before he or she can be
50	eligible for a reduced or suspended sentence under this section.
51	(b)  Upon reaching 25 years of age, a juvenile offender may
52	petition the court to reduce or suspend his or her sentence. The
53	petition shall be filed in the court that initially sentenced
54	the juvenile offender. In order to be eligible for a reduced or
55	suspended sentence, the petition must allege that the juvenile
56	offender has:
57	1.  Successfully completed the general education
58	development (GED) program, if he or she does not have a high
59	school diploma, unless this requirement has been waived because
60	of the juvenile offender's disability as shown by the juvenile
61	offender's previous individual education plan , 504
62	accommodation plan under s. 504 of the federal Rehabilitation
63	Act of 1973, or by a psychological evaluation; and
64	2.  Not received any disciplinary reports issued by the
65	department for a period of at least 3 years immediately before
66	filing the petition.
67	(c)  The court shall schedule a sentencing hearing within
68	90 days after the filing of the petition to determine whether
69	the juvenile offender's sentence should be reduced or suspended.
70	When determining whether the juvenile offender has been
71	sufficiently rehabilitated, the court shall consider:
72	1.  The juvenile offender's age, maturity, and
73	psychological development at the time of the offense or
74	offenses.
75	2.  Any physical, sexual, or emotional abuse of the
76	juvenile offender before the commission of the offense or
77	offenses.
78	3.  Any showing of insufficient adult support or
79	supervision of the juvenile offender before the offense or
80	offenses.
81	4.  Whether the juvenile offender was a principal or an
82	accomplice, was a relatively minor participant, or acted under
83	extreme duress or domination by another person.
84	5.  The wishes of the victim or the opinions of the
85	victim's next of kin.
86	6.  The results of any available psychological evaluation
87	administered by a mental health professional as ordered by the
88	court before the sentencing hearing.
89	7.  Any showing of sincere and sustained remorse by the
90	juvenile offender for the offense or offenses.
91	8.  The juvenile offender's behavior while in the custody
92	of the department including disciplinary reports.
93	9.  Whether the juvenile offender has successfully
94	completed or participated in educational, technical, or
95	vocational programs and any available self-rehabilitation
96	programs while in the custody of the department.
97	10.  Any showing by the juvenile offender of a post-release
98	plan including, but not limited to, contacts made with
99	transitional organizations, faith- and character-based
100	organizations, or other reentry service programs.
101	11.  Any other factor relevant to the juvenile offender's
102	rehabilitation while in the custody of the department.
103	(3)  A juvenile offender whose sentence is not reduced or
104	suspended under this section may petition the court for a
105	subsequent sentencing hearing 7 years after the date of the
106	previous sentencing hearing and every 7 years thereafter.
107	(4)  If the court determines that the petitioner's sentence
108	should be reduced or suspended under this section, the juvenile
109	offender shall participate in any available reentry program for
110	2 years upon release.
111	(5)  The court may appoint an attorney to represent the
112	juvenile offender at the sentencing hearing.
113	Section 3.  This act shall take effect upon becoming a law.

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