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       Florida Senate - 2010                       CS for CS for SB 184
       By the Committees on Criminal and Civil Justice Appropriations;
       and Criminal Justice; and Senators Joyner and Dockery
       604-04842-10                                           2010184c2
    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; requiring the commission,
   18         before any eligibility interview, to review the
   19         adolescent offenders in the department’s custody to
   20         determine which offenders meet the criteria for parole
   21         consideration but have not obtained a GED certificate;
   22         requiring the department to enroll such inmates in a
   23         GED program within a reasonable time; providing that
   24         if the adolescent offender is granted parole, the
   25         adolescent offender must participate in any available
   26         reentry program for 2 years; defining the term
   27         “reentry program”; providing priority for certain
   28         programs; providing for eligibility for an initial
   29         eligibility interview for offenders in their eighth or
   30         subsequent year of incarceration on the effective date
   31         of the act; providing for retroactive application;
   32         providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. This act may be cited as the “Second Chance for
   37  Children in Prison Act.”
   38         Section 2. Present subsections (2) through (6) of section
   39  947.16, Florida Statutes, are renumbered as subsections (3)
   40  through (7), respectively, and a new subsection (2) is added to
   41  that section to read:
   42         947.16 Eligibility for parole; initial parole interviews;
   43  powers and duties of commission; adolescent offender
   44  eligibility.—
   45         (2)(a)As used in this subsection, the term:
   46         1.“Adolescent offender” means an offender who was 15 years
   47  of age or younger at the time the criminal act was committed and
   48  was sentenced to life or to a single or cumulative term of
   49  imprisonment of 10 years or more.
   50         2.“Current offense” means the offense for which the
   51  adolescent offender is being considered for parole and any other
   52  crimes committed by the adolescent offender within a 1-month
   53  period of that offense, or for which sentences run concurrent to
   54  that offense.
   55         (b)Notwithstanding the provisions of subsection (1) or of
   56  any other law to the contrary, an adolescent offender may be
   57  eligible for parole as provided in this subsection.
   58         (c)An adolescent offender is ineligible under this
   59  subsection if she or he:
   60         1.Before conviction of the current offense, was convicted
   61  of or adjudicated delinquent for any violation of:
   62         a.Section 782.04, entitled “Murder”;
   63         b.Section 784.041, entitled “Felony battery; domestic
   64  battery by strangulation”;
   65         c.Section 784.045, entitled “Aggravated battery”;
   66         d.Section 784.07, entitled “Assault or battery of law
   67  enforcement officers, firefighters, emergency medical care
   68  providers, public transit employees or agents, or other
   69  specified officers; reclassification of offenses; minimum
   70  sentences”;
   71         e.Section 784.08, entitled “Assault or battery on persons
   72  65 years of age or older; reclassification of offenses; minimum
   73  sentence”;
   74         f.Section 787.01, entitled “Kidnapping; kidnapping of
   75  child under age 13, aggravating circumstances”;
   76         g.Section 790.07, entitled “Persons engaged in criminal
   77  offense, having weapons”;
   78         h.Section 794.011, entitled “Sexual battery”;
   79         i.Section 812.133, entitled “Carjacking”;
   80         j.Section 812.135, entitled “Home-invasion robbery”;
   81         k.Section 827.03, entitled “Abuse, aggravated abuse, and
   82  neglect of a child; penalties”; or
   83         l.Section 828.12(2), entitled “Cruelty to animals.”
   84         2.During the commission of the current offense, committed
   85  an act of violence or threatened to commit an act of violence.
   86         (d)Before an adolescent offender may be granted parole
   87  under this subsection, she or he must have an initial
   88  eligibility interview to determine whether she or he has been
   89  sufficiently rehabilitated while in the custody of the
   90  department to justify granting parole. The initial eligibility
   91  interview will occur in the eighth year of incarceration. In
   92  order to determine if the adolescent offender has been
   93  sufficiently rehabilitated, she or he must have successfully
   94  completed the General Educational Development (GED) program,
   95  unless waived based on disability, and have received no approved
   96  disciplinary reports for a period of at least 2 years
   97  immediately prior to the current eligibility interview. The
   98  hearing examiner must also take into serious consideration the
   99  wishes of the victim or the opinions of the victim’s next of kin
  100  and consider:
  101         1.Whether the adolescent offender was a principal to the
  102  criminal offense or an accomplice to the offense, a relatively
  103  minor participant in the criminal offense, or acted under
  104  extreme duress or domination of another person.
  105         2.Whether the adolescent offender has shown remorse for
  106  the criminal offense.
  107         3.Whether the adolescent offender’s age, maturity, and
  108  psychological development at the time of the offense affected
  109  her or his behavior.
  110         4.Whether the adolescent offender, while in the custody of
  111  the department, has aided inmates suffering from catastrophic or
  112  terminal medical, mental, or physical conditions or has
  113  prevented risk or injury to staff, citizens, or other inmates.
  114         5.Whether the adolescent offender has successfully
  115  completed educational, technical, or vocational programs and any
  116  available self-rehabilitation programs.
  117         6.Whether the adolescent offender was a victim of sexual,
  118  physical, or emotional abuse.
  119         7.The results of any mental health assessment or
  120  evaluation that has been performed on the adolescent offender.
  121         (e)An adolescent offender who is not granted parole under
  122  this subsection after an initial eligibility interview shall be
  123  eligible for a reinterview 7 years after the date of the denial
  124  of the grant of parole and every 7 years thereafter.
  125         (f)Within 240 days before the initial eligibility
  126  interview and at each reinterview thereafter, the commission
  127  shall review the adolescent offenders in the department’s
  128  custody to determine which offenders meet the criteria for
  129  parole consideration under this section but have not obtained a
  130  General Educational Development (GED) certificate. The
  131  commission shall notify the department of any such inmate and
  132  the department shall enroll the inmate in a GED program within a
  133  reasonable time based upon program availability. The department
  134  may remove the offender from the program if he or she:
  135         1.Becomes a serious management or disciplinary problem
  136  resulting from serious or repeat violations of departmental
  137  rules;
  138         2.Refuses to participate in the program, or does not
  139  actively participate in the program for reasons other than
  140  actions by the department which would preclude participation; or
  141         3.Requires services, such as medical or mental health
  142  treatment, which no longer allow him or her to participate in
  143  the program.
  144         (g)If the adolescent offender is granted parole, the
  145  adolescent offender must participate in any available reentry
  146  program for 2 years. As used in this paragraph, the term
  147  “reentry program” means a program that promotes effective
  148  reintegration of adolescent offenders back into communities upon
  149  release and provides one or more of the following: vocational
  150  training, placement services, transitional housing, mentoring,
  151  or drug rehabilitation. Priority shall be given to those reentry
  152  programs that are residential, highly structured, self-reliant,
  153  and therapeutic communities.
  154         Section 3. An adolescent offender, as defined in s.
  155  947.16(2)(a), Florida Statutes, as created by this act, who is
  156  in her or his eighth or subsequent year of incarceration on the
  157  effective date of this act must receive an initial eligibility
  158  interview as provided in s. 947.16(2)(c), Florida Statutes, as
  159  created by this act, if she or he is otherwise eligible.
  160         Section 4. This act shall take effect upon becoming a law,
  161  and applies to offenses committed before, on, or after that
  162  date.

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