September 19, 2020
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       Florida Senate - 2010                              CS for SB 184
       
       
       
       By the Committee on Criminal Justice; and Senators Joyner and
       Dockery
       
       
       
       591-02746-10                                           2010184c1
    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 at the
    6         time of commission of an offense and who is sentenced
    7         to life or a single or cumulative term of 10 years or
    8         more in prison is eligible for parole if the offender
    9         has been incarcerated for a minimum period and has not
   10         previously been convicted of or adjudicated delinquent
   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 to determine sufficient
   15         rehabilitation; providing eligibility for a
   16         reinterview after a specified period for adolescent
   17         offenders denied parole; providing 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 eighth 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. Present subsections (2) through (6) of section
   35  947.16, Florida Statutes, are renumbered as subsections (3)
   36  through (7), respectively, and a new subsection (2) is added to
   37  that section to read:
   38         947.16 Eligibility for parole; initial parole interviews;
   39  powers and duties of commission; adolescent offender
   40  eligibility.—
   41         (2)(a)As used in this subsection, the term:
   42         1.“Adolescent offender” means an offender who was 15 years
   43  of age or younger at the time the criminal act was committed and
   44  was sentenced to life or to a single or cumulative term of
   45  imprisonment of 10 years or more.
   46         2.“Current offense” means the offense for which the
   47  adolescent offender is being considered for parole and any other
   48  crimes committed by the adolescent offender within a 1-month
   49  period of that offense, or for which sentences run concurrent to
   50  that offense.
   51         (b)Notwithstanding the provisions of subsection (1) or of
   52  any other law to the contrary, an adolescent offender may be
   53  eligible for parole as provided in this subsection. An
   54  adolescent offender is ineligible under this subsection if she
   55  or he, before conviction of the current offense, was convicted
   56  of or adjudicated delinquent for any violation of:
   57         1.Section 782.04, entitled “Murder”;
   58         2.Section 784.041, entitled “Felony battery; domestic
   59  battery by strangulation”;
   60         3.Section 784.045, entitled “Aggravated battery”;
   61         4.Section 784.07, entitled “Assault or battery of law
   62  enforcement officers, firefighters, emergency medical care
   63  providers, public transit employees or agents, or other
   64  specified officers; reclassification of offenses; minimum
   65  sentences”;
   66         5.Section 784.08, entitled “Assault or battery on persons
   67  65 years of age or older; reclassification of offenses; minimum
   68  sentence”;
   69         6.Section 787.01, entitled “Kidnapping; kidnapping of
   70  child under age 13, aggravating circumstances”;
   71         7.Section 790.07, entitled “Persons engaged in criminal
   72  offense, having weapons”;
   73         8.Section 794.011, entitled “Sexual battery”;
   74         9.Section 812.133, entitled “Carjacking”;
   75         10.Section 812.135, entitled “Home-invasion robbery”;
   76         11.Section 827.03, entitled “Abuse, aggravated abuse, and
   77  neglect of a child; penalties”; or
   78         12.Section 828.12(2), entitled “Cruelty to animals.”
   79         (c)Before an adolescent offender may be granted parole
   80  under this subsection, she or he must have an initial
   81  eligibility interview to determine whether she or he has been
   82  sufficiently rehabilitated while in the custody of the
   83  department to justify granting parole. The initial eligibility
   84  interview will occur in the eighth year of incarceration. In
   85  order to determine if the adolescent offender has been
   86  sufficiently rehabilitated, she or he must have successfully
   87  completed the General Educational Development (GED) program
   88  unless waived based on disability and have received no approved
   89  disciplinary reports for a period of at least 2 years
   90  immediately prior to the current eligibility interview. The
   91  hearing examiner must also take into serious consideration the
   92  wishes of the victim or the opinions of the victim’s next of kin
   93  and consider whether:
   94         1.The adolescent offender was a principal to the criminal
   95  offense or an accomplice to the offense, a relatively minor
   96  participant in the criminal offense, or acted under extreme
   97  duress or domination of another person.
   98         2.The adolescent offender committed an act of violence or
   99  threatened to commit an act of violence during the commission of
  100  the criminal offense.
  101         3.The adolescent offender has shown remorse for the
  102  criminal offense.
  103         4.The adolescent offender’s age, maturity, and
  104  psychological development at the time of the offense affected
  105  her or his behavior.
  106         5.The adolescent offender, while in the custody of the
  107  department, has aided inmates suffering from catastrophic or
  108  terminal medical, mental, or physical conditions or has
  109  prevented risk or injury to staff, citizens, or other inmates.
  110         6.The adolescent offender has successfully completed
  111  educational, technical, or vocational programs and any available
  112  self-rehabilitation programs.
  113         7.The adolescent offender was a victim of sexual,
  114  physical, or emotional abuse.
  115         8.The results of any mental health assessment or
  116  evaluation that has been performed on the adolescent offender.
  117         (d)An adolescent offender who is not granted parole under
  118  this subsection after an initial eligibility interview shall be
  119  eligible for a reinterview 7 years after the date of the denial
  120  of the grant of parole and every 7 years thereafter.
  121         (e)An adolescent offender must serve her or his sentence
  122  in a facility that has a General Educational Development (GED)
  123  program unless the adolescent offender has already successfully
  124  completed a GED program.
  125         (f)If the adolescent offender is granted parole, the
  126  adolescent offender must participate in any available reentry
  127  program for 2 years. As used in this paragraph, the term
  128  “reentry program” means a program that promotes effective
  129  reintegration of adolescent offenders back into communities upon
  130  release and provides one or more of the following: vocational
  131  training, placement services, transitional housing, mentoring,
  132  or drug rehabilitation. Priority shall be given to those reentry
  133  programs that are residential, highly structured, self-reliant,
  134  and therapeutic communities.
  135         Section 3. An adolescent offender, as defined in s.
  136  947.16(2)(a), Florida Statutes, as created by this act, who is
  137  in her or his eighth or subsequent year of incarceration on the
  138  effective date of this act must receive an initial eligibility
  139  interview as provided in s. 947.16(2)(c), Florida Statutes, as
  140  created by this act, if she or he is otherwise eligible.
  141         Section 4. This act shall take effect upon becoming a law,
  142  and applies to offenses committed before, on, or after that
  143  date.

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