Bill Text: FL S0250 | 2010 | Regular Session | Introduced

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Bill Title: Juveniles/Sentencing [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0250 Detail]

Download: Florida-2010-S0250-Introduced.html

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Florida Senate - 2010                                     SB 250 
 
By Senator Wilson 
33-00219-10                                            2010250__ 
1                        A bill to be entitled 
2         An act relating to the sentencing of juveniles; 
3         amending s. 985.565, F.S.; authorizing the court to 
4         sentence a juvenile using juvenile sanctions, adult 
5         sanctions, or a blend of juvenile and adult sanctions; 
6         requiring the Department of Juvenile Justice to file a 
7         written report with the court if the department 
8         believes that the child’s sanction is inappropriate; 
9         authorizing the court to place the child on probation; 
10         requiring the department to notify the court before it 
11         discharges a child from a sanction; requiring the 
12         court to review the child’s educational needs 
13         assessment and make specific findings as to the 
14         child’s educational status; authorizing the court to 
15         order that the child attain appropriate educational 
16         goals; listing certain appropriate education goals; 
17         reenacting s. 985.556(1), F.S., relating to the 
18         voluntary waiver of juvenile court jurisdiction, to 
19         incorporate the amendments made to s. 985.565, F.S., 
20         in a reference thereto; providing an effective date. 
21 
22  Be It Enacted by the Legislature of the State of Florida: 
23 
24         Section 1. Section 985.565, Florida Statutes, is amended to 
25  read: 
26         985.565 Sentencing powers; procedures; alternatives and 
27  blended sanctions for juveniles prosecuted as adults; 
28  educational attainment.— 
29         (1) POWERS OF DISPOSITION.— 
30         (a) A child who is found to have committed a violation of 
31  law may, as an alternative to adult dispositions, be committed 
32  to the department for treatment in an appropriate program for 
33  children outside the adult correctional system or be placed on 
34  juvenile probation. 
35         (b) In determining whether to impose juvenile sanctions, 
36  instead of adult sanctions, or blended juvenile and adult 
37  sanctions, the court shall consider the following criteria: 
38         1. The seriousness of the offense to the community and 
39  whether the community would best be protected by juvenile or 
40  adult sanctions. 
41         2. Whether the offense was committed in an aggressive, 
42  violent, premeditated, or willful manner. 
43         3. Whether the offense was against persons or against 
44  property, with greater weight being given to offenses against 
45  persons, especially if personal injury resulted. 
46         4. The sophistication and maturity of the offender. 
47         5. The record and previous history of the offender, 
48  including: 
49         a. Previous contacts with the Department of Corrections, 
50  the Department of Juvenile Justice, the former Department of 
51  Health and Rehabilitative Services, the Department of Children 
52  and Family Services, law enforcement agencies, and the courts. 
53         b. Prior periods of probation. 
54         c. Prior adjudications that the offender committed a 
55  delinquent act or violation of law as a child. 
56         d. Prior commitments to the Department of Juvenile Justice, 
57  the former Department of Health and Rehabilitative Services, the 
58  Department of Children and Family Services, or other facilities 
59  or institutions. 
60         6. The prospects for adequate protection of the public and 
61  the likelihood of deterrence and reasonable rehabilitation of 
62  the offender if assigned to services and facilities of the 
63  Department of Juvenile Justice. 
64         7. Whether the Department of Juvenile Justice has 
65  appropriate programs, facilities, and services immediately 
66  available. 
67         8. Whether adult sanctions would provide more appropriate 
68  punishment and deterrence to further violations of law than the 
69  imposition of juvenile sanctions. 
70         (2) PRESENTENCE INVESTIGATION REPORT.— 
71         (a) Upon a plea of guilty, the court may refer the case to 
72  the department for investigation and recommendation as to the 
73  suitability of its programs for the child. 
74         (b) Upon completion of the presentence investigation 
75  report, it must be made available to the child’s counsel and the 
76  state attorney by the department prior to the sentencing 
77  hearing. 
78         (3) SENTENCING HEARING.— 
79         (a) At the sentencing hearing the court shall receive and 
80  consider a presentence investigation report by the Department of 
81  Corrections regarding the suitability of the offender for 
82  disposition as an adult or as a juvenile. The presentence 
83  investigation report must include a comments section prepared by 
84  the Department of Juvenile Justice, with its recommendations as 
85  to disposition. This report requirement may be waived by the 
86  offender. 
87         (b) After considering the presentence investigation report, 
88  the court shall give all parties present at the hearing an 
89  opportunity to comment on the issue of sentence and any proposed 
90  rehabilitative plan. Parties to the case include the parent, 
91  guardian, or legal custodian of the offender; the offender’s 
92  counsel; the state attorney; representatives of the Department 
93  of Corrections and the Department of Juvenile Justice; the 
94  victim or victim’s representative; representatives of the school 
95  system; and the law enforcement officers involved in the case. 
96         (c) The court may receive and consider any other relevant 
97  and material evidence, including other reports, written or oral, 
98  in its effort to determine the action to be taken with regard to 
99  the child, and may rely upon such evidence to the extent of its 
100  probative value even if the evidence would not be competent in 
101  an adjudicatory hearing. 
102         (d) The court shall notify any victim of the offense of the 
103  hearing and shall notify, or subpoena if appropriate, the 
104  parents, guardians, or legal custodians of the child to attend 
105  the disposition hearing. 
106         (4) SENTENCING ALTERNATIVES.— 
107         (a) Adult sanctions.— 
108         1. Cases prosecuted on indictment.—If the child is found to 
109  have committed the offense punishable by death or life 
110  imprisonment, the child shall be sentenced as an adult. If the 
111  juvenile is not found to have committed the indictable offense 
112  but is found to have committed a lesser included offense or any 
113  other offense for which he or she was indicted as a part of the 
114  criminal episode, the court may sentence as follows: 
115         a. As an adult; 
116         b. Under chapter 958; or 
117         c. As a juvenile under this section. 
118         2. Other cases.—If a child who has been transferred for 
119  criminal prosecution pursuant to information or waiver of 
120  juvenile court jurisdiction is found to have committed a 
121  violation of state law or a lesser included offense for which he 
122  or she was charged as a part of the criminal episode, the court 
123  may sentence as follows: 
124         a. As an adult; 
125         b. Under chapter 958; or 
126         c. As a juvenile under this section. 
127         3. Notwithstanding any other provision to the contrary, if 
128  the state attorney is required to file a motion to transfer and 
129  certify the juvenile for prosecution as an adult under s. 
130  985.556(3) and that motion is granted, or if the state attorney 
131  is required to file an information under s. 985.557(2)(a) or 
132  (b), the court must impose adult sanctions. 
133         4. Any sentence imposing adult sanctions is presumed 
134  appropriate, and the court is not required to set forth specific 
135  findings or enumerate the criteria in this subsection as any 
136  basis for its decision to impose adult sanctions. 
137         5. When a child has been transferred for criminal 
138  prosecution as an adult and has been found to have committed a 
139  violation of state law, the disposition of the case may include 
140  the enforcement of any restitution ordered in any juvenile 
141  proceeding. 
142         (b) Juvenile sanctions.—For juveniles transferred to adult 
143  court but who do not qualify for such transfer under s. 
144  985.556(3) or s. 985.557(2)(a) or (b), the court may impose 
145  juvenile sanctions under this paragraph. If juvenile sanctions 
146  sentences are imposed, the court shall, under this paragraph, 
147  adjudge the child to have committed a delinquent act. 
148  Adjudication of delinquency shall not be deemed a conviction, 
149  nor shall it operate to impose any of the civil disabilities 
150  ordinarily resulting from a conviction. The court shall impose 
151  an adult sanction or a juvenile sanction or and may not sentence 
152  the child to blended juvenile and adult sanctions a combination 
153  of adult and juvenile punishments. An adult sanction or A 
154  juvenile sanction or a blended juvenile and adult sanction may 
155  include enforcement of an order of restitution or probation 
156  previously ordered in any juvenile proceeding. However, if the 
157  court imposes a juvenile sanction and the department determines 
158  that the sanction is inappropriate unsuitable for the child, the 
159  department shall provide the sentencing court with a written 
160  report outlining the basis for its objections to the juvenile 
161  sanction and shall simultaneously provide a copy to the state 
162  attorney and defense counsel. The department shall return 
163  custody of the child to the sentencing court for further 
164  proceedings, including the imposition of juvenile sanctions, 
165  blended juvenile and adult sanctions, alternative sanctions, or 
166  adult sanctions. Upon adjudicating a child delinquent under 
167  subsection (1), the court may sentence the child to juvenile 
168  probation, juvenile commitment, blended juvenile and adult 
169  sanctions, or alternative sanctions under ss. 985.435, 985.437, 
170  985.439, 985.441, 985.445, 985.45, and 985.455.: 
171         1. The court may place the child on in a probation program 
172  under the supervision of the department for an indeterminate 
173  period of time until the child reaches the age of 21 19 years or 
174  sooner if discharged by order of the court. If at any time 
175  before the child’s 21st birthday the department seeks to 
176  discharge the child from juvenile probation, the department 
177  shall notify the sentencing court of its intent to discharge the 
178  child no later than 30 days before the discharge. The department 
179  shall file a written notice of its proposal with the clerk of 
180  the court and give a copy of the written notice to the 
181  sentencing judge, the state attorney, and defense counsel at the 
182  time it files the notice with the clerk of the court. Failure of 
183  the sentencing court or the state attorney to object to the 
184  department’s notice of discharge within the 30-day period shall 
185  be construed as approval of the proposed discharge. If there is 
186  no objection, the clerk of the court shall close the case. 
187         2. The court may commit the child to the department for 
188  treatment in an appropriate program for children for an 
189  indeterminate period of time until the child is 21 or sooner if 
190  discharged by order of the court department. If at any time 
191  before the child’s 21st birthday the department seeks to 
192  discharge the child from a commitment or after-care program, the 
193  department shall notify the sentencing court of its intent to 
194  discharge the child no later than 30 14 days before prior to 
195  discharge. The department shall file a written notice of its 
196  proposal with the clerk of the court and give a copy of the 
197  written notice to the sentencing judge, the state attorney, and 
198  defense counsel at the time it files the notice with the clerk 
199  of the court. Failure of the sentencing court or the state 
200  attorney to object timely respond to the department’s notice of 
201  discharge within the 30-day period shall be considered as 
202  approval for discharge. If there is no objection, the clerk of 
203  the court shall close the case. 
204         3. The court may commit the child to the department for 
205  treatment in an appropriate program for children for an 
206  indeterminate period of time until the child is 21 years of age 
207  or sooner if discharged by order of the court, followed by 
208  probation under the supervision of the Department of 
209  Corrections. The department shall notify the sentencing court of 
210  its intent to discharge the child no later than 30 days before 
211  the discharge. The department must file a written notice of its 
212  proposal with the clerk of the court and give a copy of the 
213  notice to the sentencing judge, the Department of Corrections, 
214  the state attorney, and defense counsel at the time it files the 
215  notice with the clerk of the court. Failure of the sentencing 
216  court or the state attorney to object to the department’s notice 
217  of discharge within the 30-day period shall be construed as 
218  approval of the proposed discharge. An order to discharge may 
219  not be entered until the Department of Corrections has met with 
220  the child and explained the terms of probation. 
221         4.3. The court may order disposition under ss. 985.435, 
222  985.437, 985.439, 985.441, 985.445, 985.45, and 985.455 as an 
223  alternative to youthful offender or adult sentencing if the 
224  court determines not to impose youthful offender or adult 
225  sanctions. 
226         5. Upon sentencing a child under subsection (1) to juvenile 
227  probation, juvenile commitment, blended juvenile and adult 
228  sanctions, or alternative sanctions, the court shall consider 
229  the educational needs assessment conducted pursuant to s. 
230  985.18(1) and (2), the predisposition report, together with any 
231  other report prepared pursuant to s. 985.43(1) and (2), and any 
232  other relevant information. The court shall make a finding as to 
233  the child’s educational status, including, but not limited to, 
234  the child’s strengths, abilities, and unmet and special 
235  educational needs. The court may enter an order, as a condition 
236  of probation or commitment, that the child attain an appropriate 
237  educational goal or goals. Examples of appropriate educational 
238  goals are: 
239         a. Attainment of a high school diploma or its equivalent. 
240         b. Successful completion of literacy courses. 
241         c. Successful completion of vocational courses. 
242         d. Attendance and successful completion of the child’s 
243  current grade if enrolled in school. 
244         e. Enrollment in an apprenticeship or similar program. 
245         (c) Adult sanctions upon failure of juvenile sanctions.—If 
246  a child proves not to be suitable to a commitment program, 
247  juvenile probation program, or treatment program under paragraph 
248  (b), the department shall provide the sentencing court with a 
249  written report outlining the basis for its objections to the 
250  juvenile sanction and shall simultaneously provide a copy of the 
251  report to the state attorney and the defense counsel. The 
252  department shall schedule a hearing within 30 days. Upon 
253  hearing, the court may revoke the previous adjudication, impose 
254  an adjudication of guilt, and impose any sentence which it may 
255  lawfully impose, giving credit for all time spent by the child 
256  in the department. The court may also classify the child as a 
257  youthful offender under s. 958.04, if appropriate. For purposes 
258  of this paragraph, a child may be found not suitable to a 
259  commitment program, community control program, or treatment 
260  program under paragraph (b) if the child commits a new violation 
261  of law while under juvenile sanctions, if the child commits any 
262  other violation of the conditions of juvenile sanctions, or if 
263  the child’s actions are otherwise determined by the court to 
264  demonstrate a failure of juvenile sanctions. 
265         (d) Further proceedings heard in adult court.—When a child 
266  is sentenced to juvenile sanctions, further proceedings 
267  involving those sanctions shall continue to be heard in the 
268  adult court. 
269         (e) School attendance.—If the child is attending or is 
270  eligible to attend public school and the court finds that the 
271  victim or a sibling of the victim in the case is attending or 
272  may attend the same school as the child, the court placement 
273  order shall include a finding pursuant to the proceeding 
274  described in s. 985.455(2), regardless of whether adjudication 
275  is withheld. 
276 
277  It is the intent of the Legislature that the criteria and 
278  guidelines in this subsection are mandatory and that a 
279  determination of disposition under this subsection is subject to 
280  the right of the child to appellate review under s. 985.534. 
281         Section 2. For the purpose of incorporating the amendment 
282  made by this act to section 985.565, Florida Statutes, in a 
283  reference thereto, Subsection (1) of section 985.556, Florida 
284  Statutes, is reenacted to read: 
285         985.556 Waiver of juvenile court jurisdiction; hearing.— 
286         (1) VOLUNTARY WAIVER.—The court shall transfer and certify 
287  a child’s criminal case for trial as an adult if the child is 
288  alleged to have committed a violation of law and, prior to the 
289  commencement of an adjudicatory hearing, the child, joined by a 
290  parent or, in the absence of a parent, by the guardian or 
291  guardian ad litem, demands in writing to be tried as an adult. 
292  Once a child has been transferred for criminal prosecution 
293  pursuant to a voluntary waiver hearing and has been found to 
294  have committed the presenting offense or a lesser included 
295  offense, the child shall be handled thereafter in every respect 
296  as an adult for any subsequent violation of state law, unless 
297  the court imposes juvenile sanctions under s. 985.565(4)(b). 
298         Section 3. This act shall take effect July 1, 2010.