September 26, 2020
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       Florida Senate - 2010                                     SB 184
       
       
       
       By Senator Joyner
       
       
       
       
       18-00086C-10                                           2010184__
    1                        A bill to be entitled                      
    2         An act relating to parole for adolescent offenders;
    3         providing a short title; amending s. 947.16, F.S.;
    4         providing definitions; providing that an adolescent
    5         offender who was 15 years of age or younger when the
    6         offense was committed and who is sentenced to life or
    7         more than 10 years in prison is eligible for parole if
    8         the offender has been incarcerated for a minimum
    9         period and has not previously been convicted or
   10         adjudicated delinquent of or had adjudication withheld
   11         for certain offenses; requiring an initial eligibility
   12         interview to determine whether the adolescent offender
   13         has been sufficiently rehabilitated for parole;
   14         providing criteria for determining sufficient
   15         rehabilitation; providing eligibility for a re
   16         interview after a specified period for adolescent
   17         offenders denied parole; requiring that the adolescent
   18         offender be incarcerated in a facility that has a GED
   19         program; providing that if the adolescent offender is
   20         granted parole, the adolescent offender must
   21         participate in any available reentry program for 2
   22         years; defining the term “reentry program”; providing
   23         priority for certain programs; providing for
   24         eligibility for an initial eligibility interview for
   25         offenders in their 8th or subsequent year of
   26         incarceration on the effective date of the act;
   27         providing for retroactive application; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. This act may be cited as the “Second Chance for
   33  Children in Prison Act.”
   34         Section 2. Section 947.16, Florida Statutes, is amended to
   35  read:
   36         947.16 Eligibility for parole; initial parole interviews;
   37  powers and duties of commission; adolescent offender
   38  eligibility.—
   39         (1) Every person who has been convicted of a felony or who
   40  has been convicted of one or more misdemeanors and whose
   41  sentence or cumulative sentences total 12 months or more, who is
   42  confined in execution of the judgment of the court, and whose
   43  record during confinement or while under supervision is good,
   44  shall, unless otherwise provided by law, be eligible for
   45  interview for parole consideration of her or his cumulative
   46  sentence structure as follows:
   47         (a) An inmate who has been sentenced for an indeterminate
   48  term or a term of 3 years or less shall have an initial
   49  interview conducted by a hearing examiner within 8 months after
   50  the initial date of confinement in execution of the judgment.
   51         (b) An inmate who has been sentenced for a minimum term in
   52  excess of 3 years but of less than 6 years shall have an initial
   53  interview conducted by a hearing examiner within 14 months after
   54  the initial date of confinement in execution of the judgment.
   55         (c) An inmate who has been sentenced for a minimum term of
   56  6 or more years but other than for a life term shall have an
   57  initial interview conducted by a hearing examiner within 24
   58  months after the initial date of confinement in execution of the
   59  judgment.
   60         (d) An inmate who has been sentenced for a term of life
   61  shall have an initial interview conducted by a hearing examiner
   62  within 5 years after the initial date of confinement in
   63  execution of the judgment.
   64         (e) An inmate who has been convicted and sentenced under
   65  ss. 958.011-958.15, or any other inmate who has been determined
   66  by the department to be a youthful offender, shall be
   67  interviewed by a parole examiner within 8 months after the
   68  initial date of confinement in execution of the judgment.
   69         (2)(a)As used in this subsection, the term:
   70         1.“Adolescent offender” means an offender who was 15 years
   71  of age or younger at the time the criminal act was committed and
   72  who was sentenced to life or to a single or cumulative term of
   73  imprisonment of 10 years or more.
   74         2.“Current offense” means the offense for which the
   75  adolescent offender is being considered for parole and any other
   76  crimes committed by the adolescent offender within 1 month
   77  before or after that offense, or for which sentences run
   78  concurrent to that offense.
   79         (b)Notwithstanding subsection (1) or any law to the
   80  contrary, an adolescent offender may be eligible for parole as
   81  provided in this subsection. An adolescent offender is
   82  ineligible under this subsection if she or he, before conviction
   83  of the current offense, was convicted or adjudicated delinquent
   84  of or had adjudication withheld for any violation of:
   85         1.Section 782.04, entitled “Murder”;
   86         2.Section 784.041, entitled “Felony battery; domestic
   87  battery by strangulation”;
   88         3.Section 784.045, entitled “Aggravated battery”;
   89         4.Section 784.07, entitled “Assault or battery of law
   90  enforcement officers, firefighters, emergency medical care
   91  providers, public transit employees or agents, or other
   92  specified officers; reclassification of offenses; minimum
   93  sentences”;
   94         5.Section 784.08, entitled “Assault or battery on persons
   95  65 years of age or older; reclassification of offenses; minimum
   96  sentence”;
   97         6.Section 787.01, entitled “Kidnapping; kidnapping of
   98  child under age 13, aggravating circumstances”;
   99         7.Section 790.07, entitled “Persons engaged in criminal
  100  offense, having weapons”;
  101         8.Section 794.011, entitled “Sexual battery”;
  102         9.Section 812.133, entitled “Carjacking”;
  103         10.Section 812.135, entitled “Home-invasion robbery”;
  104         11.Section 827.03, entitled “Abuse, aggravated abuse, and
  105  neglect of a child; penalties”; or
  106         12.Section 828.12, entitled “Cruelty to animals.”
  107         (c)Before an adolescent offender may be granted parole
  108  under this subsection, she or he must have an initial
  109  eligibility interview to determine whether she or he has been
  110  sufficiently rehabilitated while in the custody of the
  111  department to justify granting parole. The initial eligibility
  112  interview shall occur in the 8th year of incarceration. In order
  113  to determine if the adolescent offender has been sufficiently
  114  rehabilitated, she or he must have successfully completed the
  115  General Educational Development (GED) program, unless waived
  116  based on disability, and must have not received any approved
  117  disciplinary reports for a period of at least 2 years
  118  immediately prior to the current eligibility interview. The
  119  hearing examiner must also take into serious consideration the
  120  wishes of the victim, or the opinions of the victim’s next of
  121  kin, and must also consider whether:
  122         1.The adolescent offender was a principal to the criminal
  123  offense or an accomplice to the offense, was a relatively minor
  124  participant in the criminal offense, or acted under extreme
  125  duress or domination of another person.
  126         2.The adolescent offender has shown remorse for the
  127  criminal offense.
  128         3.The adolescent offender’s age, maturity, and
  129  psychological development at the time of the offense affected
  130  her or his behavior.
  131         4.The adolescent offender, while in the custody of the
  132  department, has aided inmates suffering from catastrophic or
  133  terminal medical, mental, or physical conditions or has
  134  prevented risk or injury to staff, citizens, or other inmates.
  135         5.The adolescent offender has successfully completed
  136  educational and self-rehabilitation programs.
  137         6.The adolescent offender was a victim of sexual,
  138  physical, or emotional abuse.
  139         (d)An adolescent offender who is not granted parole under
  140  this subsection after an initial eligibility interview is
  141  eligible for a reinterview 2 years after the date of the denial
  142  of the grant of parole and every 2 years thereafter.
  143         (e)An adolescent offender must serve her or his sentence
  144  in a facility that has a General Educational Development (GED)
  145  program unless the adolescent offender has already successfully
  146  completed a GED program.
  147         (f)If the adolescent offender is granted parole, the
  148  adolescent offender must participate in any available reentry
  149  program for 2 years. As used in this paragraph, the term
  150  “reentry program” means a program that promotes effective
  151  reintegration of offenders back into communities upon release
  152  and provides one or more of the following: vocational training,
  153  placement services, transitional housing, mentoring, or drug
  154  rehabilitation. Priority shall be given to those reentry
  155  programs that are residential, highly structured, self-reliant,
  156  and therapeutic communities.
  157         (3)(2) The following special types of cases shall have
  158  their initial parole interview as follows:
  159         (a) An initial interview may be postponed for a period not
  160  to exceed 90 days. The Such postponement shall be for good
  161  cause, which shall include, but is need not be limited to, the
  162  need for the department to obtain a presentence or postsentence
  163  investigation report or a probation or parole or mandatory
  164  conditional release violation report. The reason for
  165  postponement shall be noted in writing and included in the
  166  official record. A No postponement for good cause may not shall
  167  result in an initial interview being conducted later than 90
  168  days after the inmate’s initially scheduled initial interview.
  169         (b) An initial interview may be deferred for any inmate who
  170  is out to court. Such deferral may shall not result in an
  171  initial interview being conducted later than 90 days after the
  172  department provides written notice to the commission that the
  173  inmate has been returned from court.
  174         (c) An initial interview may be deferred for any inmate
  175  confined in any appropriate treatment facility within the state,
  176  public or private, by virtue of transfer from the department
  177  under any applicable law. The Such deferral may shall not result
  178  in an initial interview being conducted later than 90 days after
  179  the department provides written notice to the commission that
  180  the inmate has been returned to the department.
  181         (d) An inmate designated a mentally disordered sex offender
  182  shall have an initial interview conducted within 90 days after
  183  of receiving written notification by the department to the
  184  commission of the need for such interview and that the inmate’s
  185  file contains all investigative reports deemed necessary by the
  186  commission to conduct such interview.
  187         (e) Any inmate who has been determined to be an
  188  incapacitated person pursuant to s. 744.331 shall have an
  189  initial interview conducted within 90 days after the date the
  190  commission is provided with written notice that the inmate has
  191  been restored to capacity by the court.
  192         (f) An initial interview may be held at the discretion of
  193  the commission after the entry of a commission order to revoke
  194  parole or mandatory conditional release.
  195         (g) For purposes of determining eligibility for parole
  196  interview and release, the mandatory minimum portion of a
  197  concurrent sentence will begin on the date the sentence begins
  198  to run as provided in s. 921.161. The mandatory minimum portions
  199  of consecutive sentences must shall be served at the beginning
  200  of the maximum sentence as established by the Department of
  201  Corrections. Each mandatory minimum portion of consecutive
  202  sentences must shall be served consecutively; except provided,
  203  that in no case shall a sentence may not begin to run before the
  204  date of imposition. The commission shall conduct an initial
  205  interview for an inmate serving a mandatory minimum sentence
  206  according to the following schedule:
  207         1. An inmate serving a mandatory term of 7 years or less
  208  shall have an initial interview no sooner than 6 months before
  209  prior to the expiration of the mandatory minimum portion of the
  210  sentence.
  211         2. An inmate serving a mandatory term in excess of 7 years
  212  but of less than 15 years shall have an initial interview no
  213  sooner than 12 months before prior to the expiration of the
  214  mandatory minimum portion of the sentence.
  215         3. An inmate serving a mandatory term of 15 years or more
  216  shall have an initial interview no sooner than 18 months before
  217  prior to the expiration of the mandatory minimum portion of the
  218  sentence.
  219         (h) If an inmate is serving a sentence imposed by a county
  220  or circuit court of this state concurrently with a sentence
  221  imposed by a court of another state or of the United States, and
  222  if the department has designated the correctional institution of
  223  the other jurisdiction as the place for reception and
  224  confinement of such person, the inmate so released to another
  225  jurisdiction is shall be eligible for consideration for parole,
  226  except that the commission shall determine the presumptive
  227  parole release date and the effective parole release date by
  228  requesting such person’s record file from the receiving
  229  jurisdiction. Upon receiving the such records, the commission
  230  panel assigned by the chair shall determine such release dates
  231  based on the relevant information in that file. The commission
  232  may concur with the parole release decision of the jurisdiction
  233  granting parole and accepting supervision. Section The
  234  provisions of s. 947.174 does do not apply to an inmate serving
  235  a concurrent sentence in another jurisdiction pursuant to s.
  236  921.16(2).
  237         (4)(3) Notwithstanding the provisions of ss. 775.021 and
  238  921.16, if an inmate has received a consecutive sentence or
  239  sentences imposed by a court or courts of this state, the inmate
  240  is shall be eligible for consideration for parole, unless
  241  otherwise expressly prohibited by law.
  242         (5)(4) A person who has become eligible for an initial
  243  parole interview and who may, according to the objective parole
  244  guidelines of the commission, be granted parole shall be placed
  245  on parole in accordance with the provisions of this law; except
  246  that, in any case of a person convicted of murder, robbery,
  247  burglary of a dwelling or burglary of a structure or conveyance
  248  in which a human being is present, aggravated assault,
  249  aggravated battery, kidnapping, sexual battery or attempted
  250  sexual battery, incest or attempted incest, an unnatural and
  251  lascivious act or an attempted unnatural and lascivious act,
  252  lewd and lascivious behavior, assault or aggravated assault when
  253  a sexual act is completed or attempted, battery or aggravated
  254  battery when a sexual act is completed or attempted, arson, or
  255  any felony involving the use of a firearm or other deadly weapon
  256  or the use of intentional violence, at the time of sentencing
  257  the judge may enter an order retaining jurisdiction over the
  258  offender for review of a commission release order. This
  259  jurisdiction of the trial court judge is limited to the first
  260  one-third of the maximum sentence imposed. When any person is
  261  convicted of two or more felonies and concurrent sentences are
  262  imposed, then the jurisdiction of the trial court judge as
  263  provided herein applies to the first one-third of the maximum
  264  sentence imposed for the highest felony of which the person was
  265  convicted. When any person is convicted of two or more felonies
  266  and consecutive sentences are imposed, then the jurisdiction of
  267  the trial court judge as provided herein applies to one-third of
  268  the total consecutive sentences imposed.
  269         (a) In retaining jurisdiction for the purposes of this act,
  270  the trial court judge shall state the justification with
  271  individual particularity, and such justification shall be made a
  272  part of the court record. A copy of such justification shall be
  273  delivered to the department together with the commitment issued
  274  by the court pursuant to s. 944.16.
  275         (b) Gain-time as provided for by law shall accrue, except
  276  that an offender over whom the trial court has retained
  277  jurisdiction as provided herein may shall not be released during
  278  the first one-third of her or his sentence by reason of gain
  279  time.
  280         (c) In such a case of retained jurisdiction, the
  281  commission, within 30 days after the entry of its release order,
  282  shall send notice of its release order to the original
  283  sentencing judge and to the appropriate state attorney. The
  284  release order shall be made contingent upon entry of an order by
  285  the appropriate circuit judge relinquishing jurisdiction as
  286  provided for in paragraphs (d) and (f). If the original
  287  sentencing judge is no longer in service, such notice shall be
  288  sent to the chief judge of the circuit in which the offender was
  289  sentenced. The chief judge may designate any circuit judge
  290  within the circuit to act in the place of the original
  291  sentencing judge. Such notice shall stay the time requirements
  292  of s. 947.1745.
  293         (d) Within 10 days after receipt of the notice provided for
  294  in paragraph (c), the original sentencing judge or her or his
  295  replacement shall notify the commission as to whether or not the
  296  court further desires to retain jurisdiction. If the original
  297  sentencing judge or her or his replacement does not so notify
  298  the commission within the 10-day period or notifies the
  299  commission that the court does not desire to retain
  300  jurisdiction, then the commission may dispose of the matter as
  301  it sees fit.
  302         (e) Upon receipt of notice of intent to retain jurisdiction
  303  from the original sentencing judge or her or his replacement,
  304  the commission shall, within 10 days, forward to the court its
  305  release order, the findings of fact, the parole hearing
  306  examiner’s report and recommendation, and all supporting
  307  information upon which its release order was based.
  308         (f) Within 30 days after of receipt of the items listed in
  309  paragraph (e), the original sentencing judge or her or his
  310  replacement shall review the order, findings, and evidence; and,
  311  if the judge finds that the order of the commission is not based
  312  on competent substantial evidence or that the parole is not in
  313  the best interest of the community or the inmate, the court may
  314  vacate the release order. The judge or her or his replacement
  315  shall notify the commission of the decision of the court, and,
  316  if the release order is vacated, such notification shall contain
  317  the evidence relied on and the reasons for denial. A copy of
  318  such notice shall be sent to the inmate.
  319         (g) The decision of the original sentencing judge or, in
  320  her or his absence, the chief judge of the circuit to vacate any
  321  parole release order as provided in this section is not
  322  appealable. Each inmate whose parole release order has been
  323  vacated by the court shall be reinterviewed within 2 years after
  324  the date of receipt of the vacated release order and every 2
  325  years thereafter, or earlier by order of the court retaining
  326  jurisdiction. However, each inmate whose parole release order
  327  has been vacated by the court and who has been:
  328         1. Convicted of murder or attempted murder;
  329         2. Convicted of sexual battery or attempted sexual battery;
  330  or
  331         3. Sentenced to a 25-year minimum mandatory sentence
  332  previously provided in s. 775.082,
  333  
  334  shall be reinterviewed once within 5 years after the date of
  335  receipt of the vacated release order and once every 5 years
  336  thereafter, if the commission finds that it is not reasonable to
  337  expect that parole would be granted during the following years
  338  and states the bases for the finding in writing. For any inmate
  339  who is within 7 years of his or her tentative release date, the
  340  commission may establish a reinterview date prior to the 5-year
  341  schedule.
  342         (h) An inmate whose parole release order has been vacated
  343  by the court may not be given a presumptive parole release date
  344  during the period of retention of jurisdiction by the court.
  345  During such period, a new effective parole release date may be
  346  authorized at the discretion of the commission without further
  347  interview unless an interview is requested by no fewer than two
  348  commissioners. Any such new effective parole release date must
  349  be reviewed in accordance with the provisions of paragraphs (c),
  350  (d), (e), (f), and (g).
  351         (6)(5) Within 90 days after any interview for parole, the
  352  inmate shall be advised of the presumptive parole release date.
  353  Subsequent to the establishment of the presumptive parole
  354  release date, the commission may, at its discretion, review the
  355  official record or conduct additional interviews with the
  356  inmate. However, the presumptive parole release date may not be
  357  changed except for reasons of institutional conduct or the
  358  acquisition of new information not available at the time of the
  359  initial interview.
  360         (7)(6) This section as amended by chapter 82-171, Laws of
  361  Florida, applies shall apply only to those persons convicted on
  362  or after the effective date of chapter 82-171; and this section
  363  as in effect before being amended by chapter 82-171 applies
  364  shall apply to any person convicted before the effective date of
  365  chapter 82-171.
  366         Section 3. An adolescent offender, as defined in s.
  367  947.16(2)(a), Florida Statutes, as created by this act, who is
  368  in his or her 8th or subsequent year of incarceration on the
  369  effective date of this act must receive an initial eligibility
  370  interview as provided in s. 947.16(2)(c), Florida Statutes, as
  371  created by this act, if he or she is otherwise eligible.
  372         Section 4. This act shall take effect upon becoming a law,
  373  and applies with respect to offenses committed before, on, or
  374  after that date.

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