Bill Text: FL S0998 | 2013 | Regular Session | Introduced

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Bill Title: Juvenile Offenders

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-05-03 - Died in Criminal Justice [S0998 Detail]

Download: Florida-2013-S0998-Introduced.html

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       Florida Senate - 2013                                     SB 998
       
       
       
       By Senator Soto
       
       
       
       
       14-01430A-13                                           2013998__
    1                        A bill to be entitled                      
    2         An act relating to juvenile offenders; providing a
    3         short title; creating s. 985.4555, F.S.; providing
    4         definitions; providing that a juvenile offender who
    5         was younger than 18 years of age at the time of the
    6         commission of a nonhomicide or homicide offense and
    7         who is sentenced to life imprisonment is eligible for
    8         resentencing if the offender has been incarcerated for
    9         a minimum period; requiring that the Department of
   10         Corrections conduct a screening to determine whether a
   11         juvenile offender is eligible for a resentencing
   12         hearing; providing that a juvenile offender is
   13         entitled to legal representation for a resentencing
   14         hearing; requiring the court to appoint a public
   15         defender to represent the juvenile if the juvenile
   16         cannot afford to pay for counsel; providing criteria
   17         for the judge to determine maturity and reform;
   18         requiring a minimum term of probation for a juvenile
   19         offender resentenced by the court; providing
   20         eligibility for a subsequent resentencing hearing
   21         after a specified period for a juvenile offender
   22         denied resentencing; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Juvenile
   27  Sentencing Review Act.”
   28         Section 2. Section 985.4555, Florida Statutes, is created
   29  to read:
   30         985.4555 Juvenile sentencing review.—
   31         (1) As used in this section, the term:
   32         (a) “Homicide offense” means an offense that resulted in
   33  the death of a human being.
   34         (b) “Juvenile offender” means an offender who was younger
   35  than 18 years of age at the time the offense was committed.
   36         (c) “Nonhomicide offense” means an offense that did not
   37  result in the death of a human being.
   38         (2) Notwithstanding any law to the contrary, a juvenile
   39  offender who is sentenced to life imprisonment for a nonhomicide
   40  or homicide offense is eligible for resentencing as provided in
   41  this section after serving the following:
   42         (a) For nonhomicide offenses, 15 years.
   43         (b) For homicide offenses pursuant to chapter 782, sexual
   44  offenses pursuant to chapter 794, and attempted murder offenses
   45  pursuant to chapter 777, 25 years.
   46         (3) The Department of Corrections shall screen juvenile
   47  offenders who are committed to the department for eligibility to
   48  participate in a resentencing hearing and shall notify the
   49  juvenile offender of his or her eligibility to apply. If a
   50  juvenile offender meets the eligibility requirements, the
   51  juvenile offender may request the court of original jurisdiction
   52  to hold a resentencing hearing.
   53         (4) A juvenile offender is entitled to be represented by
   54  counsel, and the court shall appoint a public defender to
   55  represent the juvenile offender if the juvenile offender cannot
   56  afford an attorney.
   57         (5) The court shall determine whether the juvenile offender
   58  has demonstrated maturity and reform and whether she or he
   59  should be resentenced. The sentencing court may consider all of
   60  the following:
   61         (a) Whether the juvenile offender remains at the same level
   62  of risk to society as he or she did at the time of the initial
   63  sentencing.
   64         (b) The wishes of the victim or the opinions of the
   65  victim’s next of kin. The absence of the victim or victim’s next
   66  of kin from the resentencing hearing may not be a factor in the
   67  court’s determination under this section.
   68         (c) Whether the juvenile offender was a relatively minor
   69  participant in the criminal offense or acted under extreme
   70  duress or the domination of another person.
   71         (d) Whether the juvenile offender has shown sincere and
   72  sustained remorse for the criminal offense.
   73         (e) Whether the juvenile offender’s age, maturity, and
   74  psychological development at the time of the offense affected
   75  her or his behavior.
   76         (f) Whether the juvenile offender has successfully
   77  completed a General Educational Development or other
   78  educational, technical, work, vocational, or self-rehabilitation
   79  program.
   80         (g) Whether the juvenile offender was a victim of sexual,
   81  physical, or emotional abuse before she or he committed the
   82  offense.
   83         (h) The results of a mental health assessment, risk
   84  assessment, or evaluation of the juvenile offender as to
   85  rehabilitation.
   86         (6) If the court determines at the resentencing hearing
   87  that the juvenile offender has been rehabilitated and is
   88  reasonably believed to be fit to reenter society, the court
   89  shall issue an order modifying the sentence imposed and place
   90  the offender on probation for a term of at least 5 years.
   91         (7) A juvenile offender who is not resentenced under this
   92  section at the initial resentencing hearing is eligible for a
   93  resentencing hearing 5 years after the date of the denial and
   94  every 5 years thereafter.
   95         Section 3. This act shall take effect July 1, 2013.