Senate Bill sb0322er

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    2001 Legislature                  CS for SB 322, 2nd Engrossed



  1                                 

  2         An act relating to the disposition of

  3         offenders; amending s. 944.1905, F.S.;

  4         requiring that certain inmates who are less

  5         than a specified age be placed in specific

  6         correctional facilities and housed in separate

  7         dormitories; requiring that the Department of

  8         Corrections report to the Legislature on its

  9         compliance with housing youthful offenders;

10         requiring that certain inmates who are less

11         than a specified age and who have no prior

12         juvenile adjudication be placed in facilities

13         for youthful offenders; providing for the

14         reassignment of an inmate to the general

15         population if the inmate threatens the safety

16         of other inmates or correctional staff;

17         amending s. 921.0021, F.S.; redefining the term

18         "prior record" to extend the time during which

19         the disposition of certain juvenile offenses

20         are included in an offender's record; providing

21         an effective date.

22  

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

24  

25         Section 1.  Subsection (5) is added to section

26  944.1905, Florida Statutes, to read:

27         944.1905  Initial inmate classification; inmate

28  reclassification.--The Department of Corrections shall

29  classify inmates pursuant to an objective classification

30  scheme. The initial inmate classification questionnaire and

31  


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    ENROLLED

    2001 Legislature                  CS for SB 322, 2nd Engrossed



  1  the inmate reclassification questionnaire must cover both

  2  aggravating and mitigating factors.

  3         (5)(a)  Notwithstanding any other provision of this

  4  section, the department shall assign to specific correctional

  5  facilities all inmates who are less than 18 years of age and

  6  who are not eligible for and have not been assigned to a

  7  facility for youthful offenders. Any such inmate who is less

  8  than 18 years of age shall be housed in a dormitory that is

  9  separate from inmates who are 18 years of age or older.

10  Furthermore, the department shall provide any food service,

11  education, and recreation for such inmate separately from

12  inmates who are 18 years of age or older. The department shall

13  report to the Legislature on compliance with this paragraph by

14  April 1, 2002.

15         (b)  Notwithstanding the requirements of s. 958.11, any

16  inmate who is less than 18 years of age, who was 15 years of

17  age or younger at the time of his or her offense, and who has

18  no prior juvenile adjudication must be placed in a facility

19  for youthful offenders until the inmate is 18 years of age. At

20  the discretion of the department, such an inmate may be placed

21  in a facility for youthful offenders until the inmate is 21

22  years of age.

23         (c)  Any inmate who is assigned to a facility under

24  paragraph (a) or paragraph (b) shall be removed and reassigned

25  to the general inmate population if his or her behavior

26  threatens the safety of other inmates or correctional staff.

27         Section 2.  Subsection (5) of section 921.0021, Florida

28  Statutes, is amended to read:

29         921.0021  Definitions.--As used in this chapter, for

30  any felony offense, except any capital felony, committed on or

31  after October 1, 1998, the term:


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    ENROLLED

    2001 Legislature                  CS for SB 322, 2nd Engrossed



  1         (5)  "Prior record" means a conviction for a crime

  2  committed by the offender, as an adult or a juvenile, prior to

  3  the time of the primary offense.  Convictions by federal,

  4  out-of-state, military, or foreign courts, and convictions for

  5  violations of county or municipal ordinances that incorporate

  6  by reference a penalty under state law, are included in the

  7  offender's prior record.  Convictions for offenses committed

  8  by the offender more than 10 years before the primary offense

  9  are not included in the offender's prior record if the

10  offender has not been convicted of any other crime for a

11  period of 10 consecutive years from the most recent date of

12  release from confinement, supervision, or sanction, whichever

13  is later, to the date of the primary offense.  Juvenile

14  dispositions of offenses committed by the offender within 5 3

15  years before the primary offense are included in the

16  offender's prior record when the offense would have been a

17  crime had the offender been an adult rather than a juvenile.

18  Juvenile dispositions of sexual offenses committed by the

19  offender which were committed 5 3 years or more before the

20  primary offense are included in the offender's prior record if

21  the offender has not maintained a conviction-free record,

22  either as an adult or a juvenile, for a period of 5 3

23  consecutive years from the most recent date of release from

24  confinement, supervision, or sanction, whichever is later, to

25  the date of the primary offense.

26         Section 3.  This act shall take effect July 1, 2001.

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