House Bill hb0617e1

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




                                     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


                                  1

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






                                     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.

  4

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

  6

  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


                                  2

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






                                     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


                                  3

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






                                     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.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  4

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