HOUSE AMENDMENT
    hbd-24                                   Bill No. CS/CS/HB 617
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Harper offered the following:
12  
13         Amendment (with title amendment) 
14  remove from the bill:  Everything after the enacting Clause
15  
16  insert:  
17         Section 1.  Subsection (5) is added to section
18  944.1905, Florida Statutes, to read:
19         944.1905  Initial inmate classification; inmate
20  reclassification.--The Department of Corrections shall
21  classify inmates pursuant to an objective classification
22  scheme. The initial inmate classification questionnaire and
23  the inmate reclassification questionnaire must cover both
24  aggravating and mitigating factors.
25         (5)(a)  Notwithstanding any other provision of this
26  section, the department shall assign to specific correctional
27  facilities all inmates who are less than 18 years of age and
28  who are not eligible for and have not been assigned to a
29  facility for youthful offenders. Any such inmate who is less
30  than 18 years of age shall be housed in a dormitory that is
31  separate from inmates who are 18 years of age or older.
                                  1
    File original & 9 copies    04/27/01                          
    hbd0016                     10:49 am         00617-0084-793979

HOUSE AMENDMENT hbd-24 Bill No. CS/CS/HB 617 Amendment No. ___ (for drafter's use only) 1 Furthermore, the department shall provide any food service, 2 education, and recreation for such inmate separately from 3 inmates who are 18 years of age or older. The department shall 4 report to the Legislature on compliance with this paragraph by 5 April 1, 2002. 6 (b) Notwithstanding the requirements of s. 958.11, any 7 inmate who is less than 18 years of age, who was 15 years of 8 age or younger at the time of his or her offense, and who has 9 no prior juvenile adjudication must be placed in a facility 10 for youthful offenders until the inmate is 18 years of age. At 11 the discretion of the department, such an inmate may be placed 12 in a facility for youthful offenders until the inmate is 21 13 years of age. 14 (c) Any inmate who is assigned to a facility under 15 paragraph (a) or paragraph (b) shall be removed and reassigned 16 to the general inmate population if his or her behavior 17 threatens the safety of other inmates or correctional staff. 18 Section 2. Subsection (5) of section 921.0021, Florida 19 Statutes, is amended to read: 20 921.0021 Definitions.--As used in this chapter, for 21 any felony offense, except any capital felony, committed on or 22 after October 1, 1998, the term: 23 (5) "Prior record" means a conviction for a crime 24 committed by the offender, as an adult or a juvenile, prior to 25 the time of the primary offense. Convictions by federal, 26 out-of-state, military, or foreign courts, and convictions for 27 violations of county or municipal ordinances that incorporate 28 by reference a penalty under state law, are included in the 29 offender's prior record. Convictions for offenses committed 30 by the offender more than 10 years before the primary offense 31 are not included in the offender's prior record if the 2 File original & 9 copies 04/27/01 hbd0016 10:49 am 00617-0084-793979
HOUSE AMENDMENT hbd-24 Bill No. CS/CS/HB 617 Amendment No. ___ (for drafter's use only) 1 offender has not been convicted of any other crime for a 2 period of 10 consecutive years from the most recent date of 3 release from confinement, supervision, or sanction, whichever 4 is later, to the date of the primary offense. Juvenile 5 dispositions of offenses committed by the offender within 5 3 6 years before the primary offense are included in the 7 offender's prior record when the offense would have been a 8 crime had the offender been an adult rather than a juvenile. 9 Juvenile dispositions of sexual offenses committed by the 10 offender which were committed 5 3 years or more before the 11 primary offense are included in the offender's prior record if 12 the offender has not maintained a conviction-free record, 13 either as an adult or a juvenile, for a period of 5 3 14 consecutive years from the most recent date of release from 15 confinement, supervision, or sanction, whichever is later, to 16 the date of the primary offense. 17 Section 3. This act shall take effect July 1, 2001. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 remove from the title of the bill: the entire title 23 24 and insert in lieu thereof: 25 A bill to be entitled 26 An act relating to youthful offenders; amending 27 s. 944.1905, F.S.; requiring that certain 28 inmates who are less than a specified age be 29 placed in specific correctional facilities and 30 housed in separate dormitories; requiring that 31 the Department of Corrections report to the 3 File original & 9 copies 04/27/01 hbd0016 10:49 am 00617-0084-793979
HOUSE AMENDMENT hbd-24 Bill No. CS/CS/HB 617 Amendment No. ___ (for drafter's use only) 1 Legislature on its compliance with housing 2 youthful offenders; requiring that certain 3 inmates who are less than a specified age and 4 who have no prior juvenile adjudication be 5 placed in facilities for youthful offenders; 6 providing for the reassignment of an inmate to 7 the general population if the inmate threatens 8 the safety of other inmates or correctional 9 staff; amending s. 944.1905, F.S.; requiring 10 that certain inmates who are less than a 11 specified age be placed in specific 12 correctional facilities and housed in separate 13 dormitories; requiring that the Department of 14 Corrections report to the Legislature on its 15 compliance with housing youthful offenders; 16 requiring that certain inmates who are less 17 than a specified age and who have no prior 18 juvenile adjudication be placed in facilities 19 for youthful offenders; providing for the 20 reassignment of an inmate to the general 21 population if the inmate threatens the safety 22 of other inmates or correctional staff; 23 amending s. 921.0021, F.S.; redefining the term 24 "prior record" to extend the time during which 25 the disposition of certain juvenile offenses 26 are included in an offender's record; 27 providing an effective date. 28 29 30 31 4 File original & 9 copies 04/27/01 hbd0016 10:49 am 00617-0084-793979