Bill Text: FL S1186 | 2013 | Regular Session | Introduced
Bill Title: Reducing or Suspending the Sentence of a Juvenile Offender
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Criminal Justice [S1186 Detail]
Download: Florida-2013-S1186-Introduced.html
Florida Senate - 2013 SB 1186
By Senator Joyner
19-00007-13 20131186__
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 defining terms; providing that a juvenile offender who
5 was 17 years of age or younger at the time of
6 committing a nonhomicide offense and who was sentenced
7 to 10 or more years of imprisonment may be eligible
8 for a reduced or suspended sentence; setting forth the
9 eligibility criteria for the court to reduce or
10 suspend a sentence; authorizing the juvenile offender
11 to petition for subsequent sentencing hearings if the
12 court does not reduce or suspend the juvenile
13 offender’s sentence; requiring that the juvenile
14 offender participate in any available reentry program
15 for a specified period following release; authorizing
16 the court to appoint an attorney to represent the
17 juvenile offender; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. (1) This section may be cited as the “Second
22 Chance for Children Act.”
23 (2) As used in this section, the term:
24 (a) “Department” means the Department of Corrections.
25 (b) “Juvenile offender” means an offender who was sentenced
26 to a single or cumulative term of imprisonment of 10 or more
27 years for one or more nonhomicide offenses committed while he or
28 she was 17 years of age or younger.
29 (c) “Nonhomicide offense” means an offense that did not
30 result in the death of a human being.
31 (d) “Reentry program” means a program that promotes
32 effective reintegration of a juvenile offender back into the
33 community upon release and provides one or more of the following
34 activities:
35 1. Vocational training;
36 2. Placement services;
37 3. Transitional housing;
38 4. Mentoring; or
39 5. Drug rehabilitation.
40 (3) Notwithstanding any other law, a juvenile offender may
41 petition the court pursuant to this section to reduce or suspend
42 the sentence for a nonhomicide offense. The petition shall be
43 filed in the court that initially sentenced the juvenile
44 offender.
45 (4)(a) A juvenile offender may petition the court to reduce
46 or suspend a sentence that was imposed:
47 1. For a nonhomicide offense after the juvenile offender
48 has served at least 5 years of the sentence.
49 2. For committing or attempting to commit the offense of
50 sexual battery after the juvenile offender has served at least
51 20 years of the imposed sentence.
52 (b) In order to be eligible for a reduced or suspended
53 sentence, the petition must allege that the juvenile offender
54 has:
55 1. Successfully completed the general education development
56 (GED) program if he or she does not have a high school diploma,
57 unless this requirement has been waived because of the juvenile
58 offender’s disability as shown by the juvenile offender’s
59 previous individual education plan, section 504 accommodation
60 plan under s. 504 of the federal Rehabilitation Act of 1973, or
61 a psychological evaluation; and
62 2. Not received any disciplinary report issued by the
63 department for a period of at least 3 years immediately before
64 filing the petition.
65 (c) The court shall schedule a sentencing hearing within 90
66 days after the petition is filed in order to determine whether
67 the juvenile offender has been sufficiently rehabilitated so as
68 to reduce or suspend the sentence. When determining whether the
69 juvenile offender has been sufficiently rehabilitated, the court
70 shall consider:
71 1. The juvenile offender’s age, maturity, and psychological
72 development at the time of the offense.
73 2. Any physical, sexual, or emotional abuse of the juvenile
74 offender before the commission of the offense.
75 3. Any showing of insufficient adult support or supervision
76 of the juvenile offender before the offense.
77 4. Whether the juvenile offender was a principal or an
78 accomplice, was a relatively minor participant, or acted under
79 extreme duress or domination by another person.
80 5. The wishes of the victim or the opinions of the victim’s
81 next of kin.
82 6. The results of any available psychological evaluation
83 administered by a mental health professional as ordered by the
84 court before the sentencing hearing.
85 7. Any showing of sincere and sustained remorse by the
86 juvenile offender for the offense.
87 8. The juvenile offender’s behavior while in the custody of
88 the department, including disciplinary reports.
89 9. Whether the juvenile offender has successfully completed
90 or participated in educational, technical, or other reentry
91 programs and any available self-rehabilitation programs while in
92 the custody of the department.
93 10. Any showing by the juvenile offender of a postrelease
94 plan, including, but not limited to, contacts made with
95 transitional organizations, faith- and character-based
96 organizations, or other reentry service programs.
97 11. Any other factor relevant to the juvenile offender’s
98 rehabilitation while in the custody of the department.
99 (5) A juvenile offender whose sentence is not reduced or
100 suspended pursuant to this section may petition the court for a
101 subsequent sentencing hearing 7 years after the date of the
102 previous sentencing hearing and every 7 years thereafter.
103 (6) If the court determines that the petitioner’s sentence
104 should be reduced or suspended under this section, the juvenile
105 offender shall participate in any available reentry program for
106 2 years following release.
107 (7) The court may appoint an attorney to represent the
108 juvenile offender at the sentencing hearing.
109 Section 2. This act shall take effect October 1, 2013.
