House Bill hb0617e1
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CS/CS/HB 617, First Engrossed
1 A bill to be entitled
2 An act relating to youthful offenders; amending
3 s. 944.1905, F.S.; requiring that certain
4 inmates who are less than a specified age be
5 placed in specific correctional facilities and
6 housed in separate dormitories; requiring that
7 the Department of Corrections report to the
8 Legislature on its compliance with housing
9 youthful offenders; requiring that certain
10 inmates who are less than a specified age and
11 who have no prior juvenile adjudication be
12 placed in facilities for youthful offenders;
13 providing for the reassignment of an inmate to
14 the general population if the inmate threatens
15 the safety of other inmates or correctional
16 staff; amending s. 944.1905, F.S.; requiring
17 that certain inmates who are less than a
18 specified age be placed in specific
19 correctional facilities and housed in separate
20 dormitories; requiring that the Department of
21 Corrections report to the Legislature on its
22 compliance with housing youthful offenders;
23 requiring that certain inmates who are less
24 than a specified age and who have no prior
25 juvenile adjudication be placed in facilities
26 for youthful offenders; providing for the
27 reassignment of an inmate to the general
28 population if the inmate threatens the safety
29 of other inmates or correctional staff;
30 amending s. 921.0021, F.S.; redefining the term
31 "prior record" to extend the time during which
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CS/CS/HB 617, First Engrossed
1 the disposition of certain juvenile offenses
2 are included in an offender's record;
3 providing an effective date.
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5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Subsection (5) is added to section
8 944.1905, Florida Statutes, to read:
9 944.1905 Initial inmate classification; inmate
10 reclassification.--The Department of Corrections shall
11 classify inmates pursuant to an objective classification
12 scheme. The initial inmate classification questionnaire and
13 the inmate reclassification questionnaire must cover both
14 aggravating and mitigating factors.
15 (5)(a) Notwithstanding any other provision of this
16 section, the department shall assign to specific correctional
17 facilities all inmates who are less than 18 years of age and
18 who are not eligible for and have not been assigned to a
19 facility for youthful offenders. Any such inmate who is less
20 than 18 years of age shall be housed in a dormitory that is
21 separate from inmates who are 18 years of age or older.
22 Furthermore, the department shall provide any food service,
23 education, and recreation for such inmate separately from
24 inmates who are 18 years of age or older. The department shall
25 report to the Legislature on compliance with this paragraph by
26 April 1, 2002.
27 (b) Notwithstanding the requirements of s. 958.11, any
28 inmate who is less than 18 years of age, who was 15 years of
29 age or younger at the time of his or her offense, and who has
30 no prior juvenile adjudication must be placed in a facility
31 for youthful offenders until the inmate is 18 years of age. At
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CS/CS/HB 617, First Engrossed
1 the discretion of the department, such an inmate may be placed
2 in a facility for youthful offenders until the inmate is 21
3 years of age.
4 (c) Any inmate who is assigned to a facility under
5 paragraph (a) or paragraph (b) shall be removed and reassigned
6 to the general inmate population if his or her behavior
7 threatens the safety of other inmates or correctional staff.
8 Section 2. Subsection (5) of section 921.0021, Florida
9 Statutes, is amended to read:
10 921.0021 Definitions.--As used in this chapter, for
11 any felony offense, except any capital felony, committed on or
12 after October 1, 1998, the term:
13 (5) "Prior record" means a conviction for a crime
14 committed by the offender, as an adult or a juvenile, prior to
15 the time of the primary offense. Convictions by federal,
16 out-of-state, military, or foreign courts, and convictions for
17 violations of county or municipal ordinances that incorporate
18 by reference a penalty under state law, are included in the
19 offender's prior record. Convictions for offenses committed
20 by the offender more than 10 years before the primary offense
21 are not included in the offender's prior record if the
22 offender has not been convicted of any other crime for a
23 period of 10 consecutive years from the most recent date of
24 release from confinement, supervision, or sanction, whichever
25 is later, to the date of the primary offense. Juvenile
26 dispositions of offenses committed by the offender within 5 3
27 years before the primary offense are included in the
28 offender's prior record when the offense would have been a
29 crime had the offender been an adult rather than a juvenile.
30 Juvenile dispositions of sexual offenses committed by the
31 offender which were committed 5 3 years or more before the
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CS/CS/HB 617, First Engrossed
1 primary offense are included in the offender's prior record if
2 the offender has not maintained a conviction-free record,
3 either as an adult or a juvenile, for a period of 5 3
4 consecutive years from the most recent date of release from
5 confinement, supervision, or sanction, whichever is later, to
6 the date of the primary offense.
7 Section 3. This act shall take effect July 1, 2001.
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