House Bill hb1423

    Florida House of Representatives - 2001                HB 1423

        By Representative Gelber






  1                      A bill to be entitled

  2         An act relating to youthful offenders; amending

  3         s. 958.03, F.S.; redefining the term "youthful

  4         offender" to include any inmate under a

  5         specified age; amending s. 958.11, F.S.;

  6         requiring that the Department of Corrections

  7         continuously screen its institutions,

  8         facilities, and programs for the presence of

  9         inmates who are under that specified age;

10         requiring that the department classify and

11         assign any such offender as a youthful

12         offender; providing for inmates under specified

13         age to be housed in youthful offender

14         facilities; providing an exception under

15         certain circumstances; amending s. 944.17,

16         F.S., relating to commitments and

17         classifications of prisoners; requiring inmates

18         under specified age be classified as youthful

19         offenders and assigned to facilities for

20         youthful offenders; providing an effective

21         date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsection (5) of section 958.03, Florida

26  Statutes, is amended to read:

27         958.03  Definitions.--As used in this act:

28         (5)  "Youthful offender" means any person who is

29  sentenced as such by the court under s. 958.04, any person who

30  or is classified as such by the department, or any inmate who

31  is less than 18 years of age pursuant to s. 958.04.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1423

    763-110A-01






  1         Section 2.  Subsections (4) and (6) of section 958.11,

  2  Florida Statutes, are amended to read:

  3         958.11  Designation of institutions and programs for

  4  youthful offenders; assignment from youthful offender

  5  institutions and programs.--

  6         (4)  The Office of the Assistant Secretary for Youthful

  7  Offenders shall continuously screen all institutions,

  8  facilities, and programs for the presence of any inmate who is

  9  less than 18 years of age meets the eligibility requirements

10  for youthful offender designation specified in s. 958.04(1)(a)

11  and (c) whose age does not exceed 24 years and whose total

12  length of sentence does not exceed 10 years, and the

13  department shall may classify and assign any such inmate as a

14  youthful offender any inmate who meets the criteria of this

15  subsection.

16         (6)  The department may assign to a youthful offender

17  facility, as a residential assignment, any inmate, except a

18  capital or life felon, whose age does not exceed 19 years but

19  who does not otherwise meet the criteria of this section, if

20  the Assistant Secretary for Youthful Offenders determines that

21  such inmate's mental or physical vulnerability may would

22  substantially or materially jeopardize his or her safety in a

23  nonyouthful offender facility. It is the intent of the

24  Legislature that any inmate whose age does not exceed 18 years

25  shall be housed in a youthful offender facility, unless the

26  inmate presents an unacceptable disciplinary problem at that

27  facility. Assignments made under this subsection shall be

28  included in the department's annual report.

29         Section 3.  Subsection (2) of section 944.17, Florida

30  Statutes, is amended to read:

31         944.17  Commitments and classification; transfers.--

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1423

    763-110A-01






  1         (2)  Each prisoner committed to the custody of the

  2  department shall be conveyed to such institution, facility, or

  3  program in the correctional system as the department shall

  4  direct, in accordance with its classification scheme. However,

  5  any inmate who is less than 18 years of age must be classified

  6  as a youthful offender and assigned to a facility for youthful

  7  offenders.

  8         Section 4.  This act shall take effect July 1, 2001.

  9  

10            *****************************************

11                          HOUSE SUMMARY

12  
      Requires that the Department of Corrections classify any
13    offender who is less than 18 years of age as a "youthful
      offender." Requires that such offenders be assigned to a
14    facility for youthful offenders. Provides an exception
      under certain circumstances. Requires that the department
15    continuously screen its institutions, facilities, and
      programs for the presence of inmates who are less than 18
16    years of age.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.