Senate Bill sb2268

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    Florida Senate - 2002                                  SB 2268

    By Senator Smith





    5-1554-02

  1                      A bill to be entitled

  2         An act relating to youthful offenders; amending

  3         s. 958.04, F.S., relating to judicial

  4         disposition of youthful offenders; providing

  5         that the court may not sentence as youthful

  6         offenders certain offenders who have pled nolo

  7         contendere or guilty to, or been found guilty

  8         of, capital felonies, life felonies,

  9         first-degree felonies, or second-degree

10         felonies involving the use or threatened use of

11         force or violence; increasing the maximum

12         period of commitment of a youthful offender to

13         the custody of the Department of Corrections or

14         maximum period of incarceration or placement

15         under supervision on probation or community

16         control; removing legislative declaration with

17         respect to construction of a basic training

18         program facility; reenacting s. 958.03(5),

19         F.S., relating to the definition of the term

20         "youthful offender," s. 958.046, F.S., relating

21         to placement in county-operated boot camp

22         programs for youthful offenders, and s.

23         958.11(4), F.S., relating to designation of

24         institutions and programs for youthful

25         offenders and assignment from youthful offender

26         institutions and programs, to incorporate the

27         amendment to s. 958.04, F.S., in references

28         thereto; amending s. 951.231, F.S.; conforming

29         an obsolete reference to provisions relating to

30         mandatory participation in the youthful

31         offender basic training program under certain

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    Florida Senate - 2002                                  SB 2268
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  1         circumstances; amending s. 958.045, F.S.,

  2         relating to youthful offender basic training

  3         program; revising the sanctions for a youthful

  4         offender in the basic training program who

  5         becomes unmanageable; allowing the department

  6         to revoke the offender's gain-time, to

  7         terminate the offender's participation in the

  8         program, and to return the offender to the

  9         general population of inmates in the

10         correctional system; providing for alternative

11         placement on probation or community control of

12         an offender who has completed the basic

13         training program; providing for the offender to

14         remain on community control upon release from a

15         community residential program; providing for

16         revocation of community control and sentencing

17         of the offender if the offender violates the

18         conditions of community control; conforming

19         terminology; providing an effective date.

20

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

22

23         Section 1.  Section 958.04, Florida Statutes, is

24  amended to read:

25         958.04  Judicial disposition of youthful offenders.--

26         (1)  The court may sentence as a youthful offender any

27  person:

28         (a)  Who is at least 18 years of age or who has been

29  transferred for prosecution to the criminal division of the

30  circuit court pursuant to chapter 985;

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    Florida Senate - 2002                                  SB 2268
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  1         (b)  Who is found guilty of or who has tendered, and

  2  the court has accepted, a plea of nolo contendere or guilty to

  3  a crime which is, under the laws of this state, a felony if

  4  such crime was committed before the defendant's 21st birthday;

  5  and

  6         (c)  Who has not previously been classified as a

  7  youthful offender under the provisions of this act; however, a

  8  no person who has pled nolo contendere or guilty to, or been

  9  found guilty of, a capital felony, or life felony,

10  first-degree felony, or second-degree felony involving the use

11  or attempted use of force or violence may not be sentenced as

12  a youthful offender under this act. In addition, a person who

13  is subject to s. 775.087(2) and (3) may not be sentenced as a

14  youthful offender.

15         (2)  In lieu of other criminal penalties authorized by

16  law and notwithstanding any imposition of consecutive

17  sentences, the court shall dispose of the criminal case as

18  follows:

19         (a)  The court may place a youthful offender under

20  supervision on probation or in a community control program,

21  with or without an adjudication of guilt, under such

22  conditions as the court may lawfully impose for a period of

23  not more than 8 6 years. Such a period of supervision shall

24  not exceed the maximum sentence for the offense for which the

25  youthful offender was found guilty.

26         (b)  The court may impose a period of incarceration as

27  a condition of probation or community control, which period of

28  incarceration shall be served in either a county facility, a

29  department probation and restitution center, or a community

30  residential facility which is owned and operated by any public

31  or private entity providing such services.  No youthful

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    Florida Senate - 2002                                  SB 2268
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  1  offender may be required to serve a period of incarceration in

  2  a community correctional center as defined in s. 944.026.

  3  Admission to a department facility or center shall be

  4  contingent upon the availability of bed space and shall take

  5  into account the purpose and function of such facility or

  6  center.  Placement in such a facility or center shall not

  7  exceed 364 days.

  8         (c)  The court may impose a split sentence whereby the

  9  youthful offender is to be placed on probation or community

10  control upon completion of any specified period of

11  incarceration; however, if the incarceration period is to be

12  served in a department facility other than a probation and

13  restitution center or community residential facility, such

14  period shall be for not less than 1 year or more than 4 years.

15  The period of probation or community control shall commence

16  immediately upon the release of the youthful offender from

17  incarceration.  The period of incarceration imposed or served

18  and the period of probation or community control, when added

19  together, shall not exceed 8 6 years.

20         (d)  The court may commit the youthful offender to the

21  custody of the department for a period of not more than 8 6

22  years, provided that any such commitment shall not exceed the

23  maximum sentence for the offense for which the youthful

24  offender has been convicted.  Successful participation in the

25  youthful offender program by an offender who is sentenced as a

26  youthful offender by the court pursuant to this section, or is

27  classified as such by the department, may result in a

28  recommendation to the court, by the department, for a

29  modification or early termination of probation, community

30  control, or the sentence at any time prior to the scheduled

31  expiration of such term.  When a modification of the sentence

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    Florida Senate - 2002                                  SB 2268
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  1  results in the reduction of a term of incarceration, the court

  2  may impose a term of probation or community control which,

  3  when added to the term of incarceration, shall not exceed the

  4  original sentence imposed.

  5         (3)  The provisions of this section shall not be used

  6  to impose a greater sentence than the permissible sentence

  7  range as established by the Criminal Punishment Code pursuant

  8  to chapter 921 unless reasons are explained in writing by the

  9  trial court judge which reasonably justify departure.  A

10  sentence imposed outside of the code is subject to appeal

11  pursuant to s. 924.06 or s. 924.07.

12         (4)  Due to severe prison overcrowding, the Legislature

13  declares the construction of a basic training program facility

14  is necessary to aid in alleviating an emergency situation.

15         (4)(5)  The department shall provide a special training

16  program for staff selected for the basic training program.

17         Section 2.  For the purpose of incorporating the

18  amendment to section 958.04, Florida Statutes, in references

19  thereto, subsection (5) of section 958.03, Florida Statutes,

20  is reenacted to read:

21         958.03  Definitions.--As used in this act:

22         (5)  "Youthful offender" means any person who is

23  sentenced as such by the court or is classified as such by the

24  department pursuant to s. 958.04.

25         Section 3.  For the purpose of incorporating the

26  amendment to section 958.04, Florida Statutes, in references

27  thereto, section 958.046, Florida Statutes, is reenacted to

28  read:

29         958.046  Placement in county-operated boot camp

30  programs for youthful offenders.--In counties where there are

31  county-operated youthful offender boot camp programs, other

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    Florida Senate - 2002                                  SB 2268
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  1  than boot camps described in s. 958.04 or s. 985.309, the

  2  court may sentence a youthful offender to such a boot camp.

  3  In county-operated youthful offender boot camp programs,

  4  juvenile offenders shall not be commingled with youthful

  5  offenders.

  6         Section 4.  For the purpose of incorporating the

  7  amendment to section 958.04, Florida Statutes, in references

  8  thereto, subsection (4) of section 958.11, Florida Statutes,

  9  is reenacted to read:

10         958.11  Designation of institutions and programs for

11  youthful offenders; assignment from youthful offender

12  institutions and programs.--

13         (4)  The Office of the Assistant Secretary for Youthful

14  Offenders shall continuously screen all institutions,

15  facilities, and programs for any inmate who meets the

16  eligibility requirements for youthful offender designation

17  specified in s. 958.04(1)(a) and (c) whose age does not exceed

18  24 years and whose total length of sentence does not exceed 10

19  years, and the department may classify and assign as a

20  youthful offender any inmate who meets the criteria of this

21  subsection.

22         Section 5.  Paragraph (c) of subsection (1) of section

23  951.231, Florida Statutes, is amended to read:

24         951.231  County residential probation program.--

25         (1)  Any prisoner who has been sentenced under s.

26  921.18 to serve a sentence in a county residential probation

27  center as described in s. 951.23 shall:

28         (c)  Participate in and complete the program required

29  by s. 958.045(1) s. 958.04(4), if required by the supervisor

30  of the center.

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    Florida Senate - 2002                                  SB 2268
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  1         Section 6.  Section 958.045, Florida Statutes, is

  2  amended to read:

  3         958.045  Youthful offender basic training program.--

  4         (1)  The department shall develop and implement a basic

  5  training program for youthful offenders sentenced or

  6  classified by the department as youthful offenders pursuant to

  7  this chapter. The period of time to be served at the basic

  8  training program shall be no less than 120 days.

  9         (a)  The program shall include marching drills,

10  calisthenics, a rigid dress code, manual labor assignments,

11  physical training with obstacle courses, training in

12  decisionmaking and personal development, general education

13  development and adult basic education courses, and drug

14  counseling and other rehabilitation programs.

15         (b)  The department shall adopt rules governing the

16  administration of the youthful offender basic training

17  program, requiring that basic training participants complete a

18  structured disciplinary program, and allowing for a

19  restriction on general inmate population privileges.

20         (2)  Upon receipt of youthful offenders, the department

21  shall screen offenders for the basic training program. To

22  participate, an offender must have no physical limitations

23  that preclude participation in strenuous activity, must not be

24  impaired, and must not have been previously incarcerated in a

25  state or federal correctional facility. In screening offenders

26  for the basic training program, the department shall consider

27  the offender's criminal history and the possible

28  rehabilitative benefits of "shock" incarceration. If an

29  offender meets the specified criteria and space is available,

30  the department shall request, in writing from the sentencing

31  court, approval for the offender to participate in the basic

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  1  training program. If the person is classified by the

  2  department as a youthful offender and the department is

  3  requesting approval from the sentencing court for placement in

  4  the program, the department shall, at the same time, notify

  5  the state attorney that the offender is being considered for

  6  placement in the basic training program. The notice must

  7  explain that the purpose of such placement is diversion from

  8  lengthy incarceration when a short "shock" incarceration could

  9  produce the same deterrent effect, and that the state attorney

10  may, within 14 days after the mailing of the notice, notify

11  the sentencing court in writing of objections, if any, to the

12  placement of the offender in the basic training program. The

13  sentencing court shall notify the department in writing of

14  placement approval no later than 21 days after receipt of the

15  department's request for placement of the youthful offender in

16  the basic training program. Failure to notify the department

17  within 21 days shall be considered a denial an approval by the

18  sentencing court of the department's request for placing the

19  youthful offender in the basic training program. Each state

20  attorney may develop procedures for notifying the victim that

21  the offender is being considered for placement in the basic

22  training program.

23         (3)  The program shall provide a short incarceration

24  period of rigorous training to offenders who require a greater

25  degree of supervision than community control or probation

26  provides. Basic training programs may be operated in secure

27  areas in or adjacent to an adult institution notwithstanding

28  s. 958.11. The program is not intended to divert offenders

29  away from probation or community control but to divert them

30  from long periods of incarceration when a short "shock"

31  incarceration could produce the same deterrent effect.

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  1         (4)  Upon admittance to the department, an educational

  2  and substance abuse assessment shall be performed on each

  3  youthful offender. Upon admittance to the basic training

  4  program, each offender shall have a full substance abuse

  5  assessment to determine the offender's need for substance

  6  abuse treatment. The educational assessment shall be

  7  accomplished through the aid of the Test of Adult Basic

  8  Education or any other testing instrument approved by the

  9  Department of Education, as appropriate. Each offender who has

10  not obtained a high school diploma shall be enrolled in an

11  adult education program designed to aid the offender in

12  improving his or her academic skills and earning a high school

13  diploma. Further assessments of the prior vocational skills

14  and future career education shall be provided to the offender.

15  A periodic evaluation shall be made to assess the progress of

16  each offender, and upon completion of the basic training

17  program the assessment and information from the department's

18  record of each offender shall be transferred to the

19  appropriate community residential program.

20         (5)(a)  If an offender in the basic training program

21  becomes unmanageable, the department may revoke the offender's

22  gain-time, terminate the offender from the program, and return

23  the offender to and place the offender in disciplinary

24  confinement for up to 30 days. Upon completion of the

25  disciplinary process, the offender shall be readmitted to the

26  basic training program, except for an offender who has

27  committed or threatened to commit a violent act. If the

28  offender is terminated from the program, the department may

29  place the offender in the general population of inmates in the

30  correctional system to complete the remainder of the

31  offender's sentence. Any period of time in which the offender

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  1  is unable to participate in the basic training activities may

  2  be excluded from the specified time requirements in the

  3  program.

  4         (b)  If the offender is unable to participate in the

  5  basic training activities due to medical reasons, certified

  6  medical personnel shall examine the offender and shall consult

  7  with the basic training program director concerning the

  8  offender's termination from the program.

  9         (c)  The portion of the sentence served prior to

10  placement in the basic training program may not be counted

11  toward program completion. Upon the offender's completion of

12  the basic training program, the department shall submit a

13  report to the court that describes the offender's performance.

14  If the offender's performance has been satisfactory, the court

15  shall issue an order modifying the sentence imposed and

16  placing the offender on probation or community control or a

17  combination thereof. The term of probation or community

18  control may include placement in a community residential

19  program. If the offender violates the conditions of probation

20  or community control, the court may revoke probation or

21  community control and impose any sentence that it might have

22  originally imposed as a condition of probation or community

23  control.

24         (6)(a)  Upon completing the basic training program, an

25  offender shall be transferred to a community residential

26  program and reside there for a term designated by department

27  rule. If the basic training program director determines that

28  the offender is not suitable for the community residential

29  program but is suitable for an alternative postrelease program

30  or release plan, within 30 days prior to program completion

31  the department shall evaluate the offender's needs and

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  1  determine an alternative postrelease program or plan. The

  2  department's consideration shall include, but not be limited

  3  to, the offender's employment, residence, family situation,

  4  and probation or postrelease supervision obligations. Upon the

  5  approval of the department, the offender shall be released to

  6  an alternative postrelease program or plan.

  7         (b)  While in the community residential program, as

  8  appropriate, the offender shall engage in gainful employment,

  9  and if any, shall pay restitution to the victim. If

10  appropriate, the offender may enroll in substance abuse

11  counseling, and if suitable, shall enroll in a general

12  education development or adult basic education class for the

13  purpose of attaining a high school diploma. Upon release from

14  the community residential program, the offender shall remain

15  on probation, community control, or other postrelease

16  supervision, and abide by the conditions of the offender's

17  probation, community control, or postrelease supervision. If,

18  upon transfer from the community residential program, the

19  offender has not completed the enrolled educational program,

20  the offender shall continue the educational program until

21  completed. If the offender fails to complete the program, the

22  department may request the court or the control release

23  authority to execute an order returning the offender back to

24  the community residential program until completion of the

25  program.

26         (7)  The department shall implement the basic training

27  program to the fullest extent feasible within the provisions

28  of this section.

29         (8)(a)  The Assistant Secretary for Youthful Offenders

30  shall continuously screen all institutions, facilities, and

31  programs for any inmate who meets the eligibility requirements

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  1  for youthful offender designation specified in s. 958.04,

  2  whose age does not exceed 24 years.

  3         (b)  The department may classify and assign as a

  4  youthful offender any inmate who meets the criteria of s.

  5  958.04.

  6         (b)  A youthful offender who is designated as such by

  7  the department and assigned to the basic training program must

  8  be eligible for control release pursuant to s. 947.146.

  9         (c)  The department shall work cooperatively with the

10  Control Release Authority or the Parole Commission to effect

11  the release of an offender who has successfully completed the

12  requirements of the basic training program.

13         (d)  Upon an offender's completion of the basic

14  training program, the department shall submit a report to the

15  releasing authority that describes the offender's performance.

16  If the performance has been satisfactory, the release

17  authority shall, upon receipt of a court order modifying the

18  offender's sentence, establish a release date that is within

19  20 30 days following receipt of the court order program

20  completion. As a condition of release, the offender shall be

21  placed in a community residential program as provided in this

22  section or on community supervision as provided in chapter

23  947, and shall be subject to the conditions established

24  therefor.

25         (9)  Upon commencement of the community residential

26  program, the department shall submit annual reports to the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives detailing the extent of

29  implementation of the basic training program and the community

30  residential program, and outlining future goals and any

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  1  recommendation the department has for future legislative

  2  action.

  3         (10)  Due to serious and violent crime, the Legislature

  4  declares the construction of a basic training facility is

  5  necessary to aid in alleviating an emergency situation.

  6         (10)(11)  The department shall provide a special

  7  training program for staff selected for the basic training

  8  program.

  9         (11)(12)  The department may develop performance-based

10  contracts with qualified individuals, agencies, or

11  corporations for the provision of any or all of the youthful

12  offender programs.

13         (12)(13)  An offender in the basic training program is

14  subject to rules of conduct established by the department and

15  may have sanctions imposed, including loss of privileges,

16  restrictions, disciplinary confinement, alteration of release

17  plans, or other program modifications in keeping with the

18  nature and gravity of the program violation. Administrative or

19  protective confinement, as necessary, may be imposed.

20         (13)(14)  The department may establish a system of

21  incentives within the basic training program which the

22  department may use to promote participation in rehabilitative

23  programs and the orderly operation of institutions and

24  facilities.

25         (14)(15)  The department shall develop a system for

26  tracking recidivism, including, but not limited to, rearrests

27  and recommitment of youthful offenders, and shall report on

28  that system in its annual reports of the programs.

29         Section 7.  This act shall take effect October 1, 2002.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides that a court may not sentence as youthful
      offenders certain offenders who have pled nolo contendere
  4    or guilty to, or have been found guilty of, capital
      felonies, life felonies, first-degree felonies, or
  5    second-degree felonies involving the use or threatened
      use of force or violence. Increases the maximum period of
  6    commitment of a youthful offender to the custody of the
      Department of Corrections or maximum period of
  7    incarceration or placement under supervision on probation
      or community control. Deletes a legislative declaration
  8    concerning construction of a basic training program
      facility. Revises the sanctions for a youthful offender
  9    in the basic training program who becomes unmanageable.
      Allows the department to revoke the offender's gain-time,
10    to terminate the offender's participation in the program,
      and to return the offender to the general population of
11    inmates in the correctional system. Provides for
      alternative placement on probation or community control
12    of an offender who has completed the basic training
      program. Provides for the offender to remain on community
13    control upon release from a community residential
      program. Provides for the revocation of community control
14    and sentencing of the offender if the offender violates
      the conditions of community control. Conforms
15    cross-references and terminology.

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