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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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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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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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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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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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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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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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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