Bill Text: FL S1542 | 2018 | Regular Session | Introduced
Bill Title: Youthful Offenders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1542 Detail]
Download: Florida-2018-S1542-Introduced.html
Florida Senate - 2018 SB 1542 By Senator Bracy 11-01401-18 20181542__ 1 A bill to be entitled 2 An act relating to youthful offenders; creating s. 3 944.805, F.S.; requiring the Department of Corrections 4 to submit an annual report to the Legislature by a 5 specified date which contains specified information 6 regarding prisoners of certain ages who are in the 7 custody of the department; defining the term “state 8 correctional facility”; amending s. 958.04, F.S.; 9 revising the criteria allowing a court to sentence as 10 a youthful offender a person who is found guilty of, 11 or who pled nolo contendere or guilty to, committing a 12 felony before the person turned 21 years of age; 13 reenacting ss. 958.03(5), 958.045(8)(a), and 14 985.565(4)(c), F.S., relating to the definition of 15 “youthful offender,” the youthful offender basic 16 training program, and classification as a youth 17 offender, respectively, to incorporate the amendment 18 made to s. 958.04, F.S., in references thereto; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 944.805, Florida Statutes, is created to 24 read: 25 944.805 Youthful offenders; annual report.— 26 (1) For the purpose of providing information to the 27 Legislature on youthful offenders who are 18 to 22 years of age 28 and within the correctional system, the department shall submit 29 a report to the President of the Senate and the Speaker of the 30 House of Representatives by December 31 of each year. The report 31 must provide all of the following information regarding 32 prisoners in the custody of the department who are 18 to 22 33 years of age: 34 (a) The number of prisoners who are in the custody of the 35 department and the security classification at which each of 36 these prisoners is housed. 37 (b) The number of prisoners housed at each state 38 correctional facility. 39 (c) The number, if any, of prisoners who have been moved 40 from one state correctional facility to another in a manner that 41 interrupted the prisoner’s educational, vocational, treatment, 42 or other self-betterment programming. 43 (d) The number of prisoners who have completed educational, 44 vocational, treatment, or any other self-betterment programming 45 and what specific programming was completed by the prisoners. 46 (2) As used in this section, the term “state correctional 47 facility” has the same meaning as defined in s. 944.115(2)(c). 48 Section 2. Subsection (1) of section 958.04, Florida 49 Statutes, is amended to read: 50 958.04 Judicial disposition of youthful offenders.— 51 (1) The court may sentence as a youthful offender any 52 person: 53 (a) Who is at least 18 years of age or who has been 54 transferred for prosecution to the criminal division of the 55 circuit court pursuant to chapter 985; 56 (b) Who is found guilty of or who has tendered, and the 57 court has accepted, a plea of nolo contendere or guilty to a 58 crime that is, under the laws of this state, a felony if such 59 crime was committed before the defendant turned 21 years of age 60the offender is younger than 21 years of age at the time61sentence is imposed; and 62 (c) Who has not previously been classified as a youthful 63 offender under the provisions of this act; however, a person who 64 has been found guilty of a capital or life felony may not be 65 sentenced as a youthful offender under this act. 66 Section 3. For the purpose of incorporating the amendment 67 made by this act to section 958.04, Florida Statutes, in a 68 reference thereto, subsection (5) of section 958.03, Florida 69 Statutes, is reenacted to read: 70 958.03 Definitions.—As used in this act: 71 (5) “Youthful offender” means any person who is sentenced 72 as such by the court or is classified as such by the department 73 pursuant to s. 958.04. 74 Section 4. For the purpose of incorporating the amendment 75 made by this act to section 958.04, Florida Statutes, in a 76 reference thereto, paragraph (a) of subsection (8) of section 77 958.045, Florida Statutes, is reenacted to read: 78 958.045 Youthful offender basic training program.— 79 (8)(a) The Assistant Secretary for Youthful Offenders shall 80 continuously screen all institutions, facilities, and programs 81 for any inmate who meets the eligibility requirements for 82 youthful offender designation specified in s. 958.04, whose age 83 does not exceed 24 years. The department may classify and assign 84 as a youthful offender any inmate who meets the criteria of s. 85 958.04. 86 Section 5. For the purpose of incorporating the amendment 87 made by this act to section 958.04, Florida Statutes, in a 88 reference thereto, paragraph (c) of subsection (4) of section 89 985.565, Florida Statutes, is reenacted to read: 90 985.565 Sentencing powers; procedures; alternatives for 91 juveniles prosecuted as adults.— 92 (4) SENTENCING ALTERNATIVES.— 93 (c) Adult sanctions upon failure of juvenile sanctions.—If 94 a child proves not to be suitable to a commitment program, 95 juvenile probation program, or treatment program under paragraph 96 (b), the department shall provide the sentencing court with a 97 written report outlining the basis for its objections to the 98 juvenile sanction and shall simultaneously provide a copy of the 99 report to the state attorney and the defense counsel. The 100 department shall schedule a hearing within 30 days. Upon 101 hearing, the court may revoke the previous adjudication, impose 102 an adjudication of guilt, and impose any sentence which it may 103 lawfully impose, giving credit for all time spent by the child 104 in the department. The court may also classify the child as a 105 youthful offender under s. 958.04, if appropriate. For purposes 106 of this paragraph, a child may be found not suitable to a 107 commitment program, community control program, or treatment 108 program under paragraph (b) if the child commits a new violation 109 of law while under juvenile sanctions, if the child commits any 110 other violation of the conditions of juvenile sanctions, or if 111 the child’s actions are otherwise determined by the court to 112 demonstrate a failure of juvenile sanctions. 113 114 It is the intent of the Legislature that the criteria and 115 guidelines in this subsection are mandatory and that a 116 determination of disposition under this subsection is subject to 117 the right of the child to appellate review under s. 985.534. 118 Section 6. This act shall take effect October 1, 2018.