House Bill hb1165

    Florida House of Representatives - 2002                HB 1165

        By Representative Harper






  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 985.417, F.S.; authorizing the sentencing

  4         judge rather than the Secretary of Juvenile

  5         Justice to transfer a child from the Department

  6         of Corrections to the Department of Juvenile

  7         Justice; revising provisions relating to

  8         consent for a child to be released on

  9         probation; specifying persons who may request a

10         hearing with regard to the child's sentence;

11         providing an effective date.

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

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15         Section 1.  Section 985.417, Florida Statutes, is

16  amended to read:

17         985.417  Transfer of children from the Department of

18  Corrections to the Department of Juvenile Justice.--

19         (1)  When any child under the age of 18 years is

20  sentenced by any court of competent jurisdiction to the

21  Department of Corrections, the sentencing judge Secretary of

22  Juvenile Justice may transfer such child to the department for

23  the remainder of the sentence, or until his or her 21st

24  birthday, whichever results in the shorter term. If, upon such

25  person's attaining his or her 21st birthday, the sentence has

26  not terminated, he or she shall be transferred to the

27  Department of Corrections for placement in a youthful offender

28  program, transferred to the supervision of the department, or

29  be given any other transfer that may lawfully be made, except

30  as provided in subsection (6).

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






    Florida House of Representatives - 2002                HB 1165

    766-122A-02






  1         (2)  If the child is under sentence for a term of

  2  years, after the department has supervised him or her for a

  3  sufficient length of time to ascertain that he or she has

  4  attained satisfactory rehabilitation, the department, upon

  5  determination that such action is in the best interests of

  6  both the child and society, may relieve the child from making

  7  further reports.

  8         (3)  When the child has, in the opinion of the

  9  department, so conducted himself or herself as to deserve a

10  pardon, a commutation of sentence, or the remission in whole

11  or in part of any fine, forfeiture, or penalty, the Secretary

12  of Juvenile Justice may recommend that such clemency be

13  extended to the child. In such case the secretary shall fully

14  advise the Governor of the facts upon which such

15  recommendation is based.

16         (4)  The department shall grant gain-time for good

17  conduct, may grant extra good-time allowances, and may declare

18  a forfeiture thereof. If any child who was sentenced pursuant

19  to s. 921.18 is transferred to the department, the department

20  may determine the exact sentence of the child, but the

21  sentence may not be longer than the maximum sentence that was

22  imposed by the court pursuant to s. 921.18. All time spent in

23  the department shall count toward the expiration of sentence.

24  Any child transferred to the department may, at the discretion

25  of the Secretary of Juvenile Justice, be returned to the

26  Department of Corrections.

27         (5)  Any child who has been convicted of a capital

28  felony while under the age of 18 years may not be released on

29  probation without the consent of the Governor and three

30  members of the Cabinet.

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    Florida House of Representatives - 2002                HB 1165

    766-122A-02






  1         (6)  A child transferred pursuant to this section or

  2  the natural parent or legal guardian may request a hearing

  3  before the sentencing judge to determine the child's

  4  rehabilitation and a commutation of sentence, or the remission

  5  in whole or in part of any fine, forfeiture, or penalty.

  6         Section 2.  This act shall take effect October 1, 2002.

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  9                          HOUSE SUMMARY

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      Authorizes the sentencing judge rather than the Secretary
11    of Juvenile Justice to transfer a child from the
      Department of Corrections to the Department of Juvenile
12    Justice. Revises provisions relating to consent for a
      child to be released on probation. Specifies persons who
13    may request a hearing with regard to the child's
      sentence.
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CODING: Words stricken are deletions; words underlined are additions.