Bill Text: FL S0160 | 2011 | Regular Session | Introduced

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Bill Title: Parole for Juvenile Offenders

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0160 Detail]

Download: Florida-2011-S0160-Introduced.html

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       Florida Senate - 2011                                     SB 160
       
       
       
       By Senator Joyner
       
       
       
       
       18-00001A-11                                           2011160__
    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
    5         offender who was less than 18 years of age at the time
    6         of commission of a nonhomicide offense and who is
    7         sentenced to life imprisonment is eligible for parole
    8         if the offender has been incarcerated for a minimum
    9         period; requiring an initial eligibility interview to
   10         determine whether the juvenile offender has
   11         demonstrated maturity and reform for parole; providing
   12         criteria to determine maturity and reform; providing
   13         eligibility for a reinterview after a specified period
   14         for juvenile offenders denied parole; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Graham Compliance
   20  Act.”
   21         Section 2. Subsections (2) through (6) of section 947.16,
   22  Florida Statutes, are renumbered as subsections (3) through (7),
   23  respectively, and a new subsection (2) is added to that section
   24  to read:
   25         947.16 Eligibility for parole; initial parole interviews;
   26  powers and duties of commission; juvenile offender eligibility.—
   27         (2)(a) As used in this subsection, the term:
   28         1. “Juvenile offender” means an offender who was less than
   29  18 years of age at the time the nonhomicide offense was
   30  committed.
   31         2. “Nonhomicide offense” means an offense that did not
   32  result in the death of a human being.
   33         (b) Notwithstanding subsection (1) or any other provision
   34  of law to the contrary, a juvenile offender who is sentenced to
   35  life imprisonment for a nonhomicide offense may be eligible for
   36  parole as provided in this subsection.
   37         (c) Before a juvenile offender may be granted parole under
   38  this subsection, she or he must have an initial eligibility
   39  interview to determine whether she or he has demonstrated
   40  maturity and reform while in the custody of the department to
   41  justify granting parole. The initial eligibility interview must
   42  occur only after the juvenile offender serves 25 years of
   43  incarceration. The initial eligibility interview and any
   44  subsequent eligibility interviews must occur only if the
   45  juvenile offender has received no approved disciplinary reports
   46  for at least 3 years before the scheduled eligibility interview.
   47         (d) In determining whether the juvenile offender has
   48  demonstrated maturity and reform and whether she or he should be
   49  granted parole, the commission must consider all of the
   50  following:
   51         1. The wishes of the victim or the opinions of the victim’s
   52  next of kin.
   53         2. Whether the juvenile offender was a relatively minor
   54  participant in the criminal offense or acted under extreme
   55  duress or domination of another person.
   56         3. Whether the juvenile offender has shown sincere and
   57  sustained remorse for the criminal offense.
   58         4. Whether the juvenile offender’s age, maturity, and
   59  psychological development at the time of the offense affected
   60  her or his behavior.
   61         5. Whether the juvenile offender, while in the custody of
   62  the department, has aided inmates suffering from catastrophic or
   63  terminal medical, mental, or physical conditions or has
   64  prevented risk or injury to staff, citizens, or other inmates.
   65         6. Whether the juvenile offender has successfully completed
   66  any General Educational Development, other educational,
   67  technical, work, vocational, or available self-rehabilitation
   68  program.
   69         7. Whether the juvenile offender was a victim of sexual,
   70  physical, or emotional abuse prior to the time of the offense.
   71         8. The results of any mental health assessment or
   72  evaluation that has been performed on the juvenile offender.
   73         (e) A juvenile offender who is not granted parole under
   74  this subsection after an initial eligibility interview is
   75  eligible for a reinterview 7 years after the date of the denial
   76  of the grant of parole and every 7 years thereafter.
   77         Section 3. This act shall take effect upon becoming a law.