Bill Text: FL S0662 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Resentencing
Spectrum:
Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0662 Detail]
Download: Florida-2021-S0662-Introduced.html
Bill Title: Resentencing
Spectrum:
Status: (Failed) 2021-04-30 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S0662 Detail]
Download: Florida-2021-S0662-Introduced.html
Florida Senate - 2021 SB 662 By Senator Brandes 24-00832-21 2021662__ 1 A bill to be entitled 2 An act relating to resentencing; creating s. 921.30, 3 F.S.; providing legislative intent; authorizing the 4 state attorney of a judicial circuit in which an 5 offender was sentenced for a felony offense to 6 petition the sentencing court to resentence the 7 offender if the original sentence no longer advances 8 the interests of justice; authorizing a court to grant 9 or deny the petition; providing requirements if the 10 sentencing court grants the petition; authorizing the 11 court to consider specified postconviction factors; 12 requiring that credit be given for time served; 13 providing requirements for state attorneys; requiring 14 a court to provide an opportunity for victims of the 15 offender’s crimes to present statements; providing 16 applicability; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 921.30, Florida Statutes, is created to 21 read: 22 921.30 State attorney petition for offender resentencing.— 23 (1) It is the intent of the Legislature to give prosecutors 24 the discretion to petition a sentencing court to resentence an 25 individual if the individual’s sentence no longer advances the 26 interests of justice. The purpose of sentencing is to advance 27 public safety through punishment, rehabilitation, and 28 restorative justice. When a sentence includes incarceration, 29 this purpose is best served by terms that are proportionate to 30 the seriousness of the offense and provide uniformity with the 31 sentences of offenders committing the same offense under similar 32 circumstances. By providing a means to reevaluate a sentence 33 after some time has passed, the Legislature intends to provide 34 prosecutors and courts with another tool to ensure these 35 purposes are achieved. 36 (2) The state attorney of a judicial circuit in which an 37 offender was sentenced for a felony offense may petition the 38 sentencing court to resentence the offender if the original 39 sentence no longer advances the interests of justice. 40 (3) The court may grant or deny a petition under this 41 section. If the sentencing court grants a petition, it must 42 resentence the defendant in the same manner as if the offender 43 had not previously been sentenced, and it may not impose a new 44 sentence greater than the initial sentence. 45 (4) The court may consider postconviction factors 46 including, but not limited to, the inmate’s disciplinary record 47 and record of rehabilitation while incarcerated; evidence that 48 reflects whether age, time served, and diminished physical 49 condition, if any, have reduced the inmate’s risk for future 50 violence; and evidence that reflects changed circumstances since 51 the inmate’s original sentencing such that the inmate’s 52 continued incarceration no longer serves the interests of 53 justice. Credit must be given for time served. 54 (5) The state attorney shall make reasonable efforts to 55 notify victims and survivors of victims of the petition for 56 resentencing and the date of the resentencing hearing. The state 57 attorney shall provide victims and survivors of victims access 58 to available victim advocates and other related services. The 59 court shall provide an opportunity for victims and survivors of 60 victims of any crimes for which the offender has been convicted 61 to present a statement personally or by representation. 62 (6) A resentencing under this section does not reopen the 63 defendant’s conviction to challenges that would otherwise be 64 barred. 65 Section 2. This act shall take effect July 1, 2021.