House Bill hb0027
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Florida House of Representatives - 2002 HB 27
By Representative Harper
1 A bill to be entitled
2 An act relating to the sentencing of juveniles;
3 amending s. 985.233, F.S.; providing for the
4 court to sentence a juvenile who has committed
5 a criminal offense to a combination of juvenile
6 and adult sanctions; requiring that the
7 juvenile complete a juvenile commitment program
8 as part of such a sentence; authorizing the
9 court to impose adult sanctions if the juvenile
10 violates any provision of the juvenile
11 commitment program; deleting provisions
12 prohibiting the court from imposing a
13 combination of adult and juvenile punishments;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraphs (a) and (b) of subsection (4) of
19 section 985.233, Florida Statutes, are amended to read:
20 985.233 Sentencing powers; procedures; alternatives
21 for juveniles prosecuted as adults.--
22 (4) SENTENCING ALTERNATIVES.--
23 (a) Sentencing to adult sanctions.--
24 1. Cases prosecuted on indictment.--If the child is
25 found to have committed the offense punishable by death or
26 life imprisonment, the child shall be sentenced as an adult.
27 If the juvenile is not found to have committed the indictable
28 offense but is found to have committed a lesser included
29 offense or any other offense for which he or she was indicted
30 as a part of the criminal episode, the court may sentence as
31 follows:
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Florida House of Representatives - 2002 HB 27
766-106B-02
1 a. As an adult;
2 b. Pursuant to chapter 958; or
3 c. As a juvenile pursuant to this section.
4 2. Other cases.--If a child who has been transferred
5 for criminal prosecution pursuant to information or waiver of
6 juvenile court jurisdiction is found to have committed a
7 violation of state law or a lesser included offense for which
8 he or she was charged as a part of the criminal episode, the
9 court may sentence as follows:
10 a. As an adult;
11 b. Pursuant to chapter 958; or
12 c. As an adult under a combination of juvenile and
13 adult sanctions; or
14 d.c. As a juvenile pursuant to this section.
15 3. Notwithstanding any other provision to the
16 contrary, if the state attorney is required to file a motion
17 to transfer and certify the juvenile for prosecution as an
18 adult pursuant to s. 985.226(2)(b) and that motion is granted,
19 or if the state attorney is required to file an information
20 pursuant to s. 985.227(2)(a) or (b), the court must impose
21 adult sanctions.
22 4. Any sentence imposing adult sanctions is presumed
23 appropriate, and the court is not required to set forth
24 specific findings or enumerate the criteria in this subsection
25 as any basis for its decision to impose adult sanctions.
26 5. When a child has been transferred for criminal
27 prosecution as an adult and has been found to have committed a
28 violation of state law, the disposition of the case may
29 include the enforcement of any restitution ordered in any
30 juvenile proceeding.
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Florida House of Representatives - 2002 HB 27
766-106B-02
1 6. If the court imposes a combination of juvenile and
2 adult sanctions, the juvenile shall be placed on adult
3 community control with a special condition that the juvenile
4 complete a juvenile commitment program during the first part
5 of the sentence. If the juvenile violates any provision of the
6 juvenile commitment program, the court may sanction the
7 juvenile as though the juvenile had violated adult community
8 control.
9 (b) Sentencing to juvenile sanctions.--For juveniles
10 transferred to adult court but who do not qualify for such
11 transfer pursuant to s. 985.226(2)(b) or s. 985.227(2)(a) or
12 (b), the court may impose juvenile sanctions under this
13 paragraph. If juvenile sentences are imposed, the court shall,
14 pursuant to this paragraph, adjudge the child to have
15 committed a delinquent act. Adjudication of delinquency shall
16 not be deemed a conviction, nor shall it operate to impose any
17 of the civil disabilities ordinarily resulting from a
18 conviction. The court shall impose an adult sanction or a
19 juvenile sanction and may not sentence the child to a
20 combination of adult and juvenile punishments. An adult
21 sanction or a juvenile sanction may include enforcement of an
22 order of restitution or probation previously ordered in any
23 juvenile proceeding. However, if the court imposes a juvenile
24 sanction and the department determines that the sanction is
25 unsuitable for the child, the department shall return custody
26 of the child to the sentencing court for further proceedings,
27 including the imposition of adult sanctions. Upon adjudicating
28 a child delinquent under subsection (1), the court may:
29 1. Place the child in a probation program under the
30 supervision of the department for an indeterminate period of
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Florida House of Representatives - 2002 HB 27
766-106B-02
1 time until the child reaches the age of 19 years or sooner if
2 discharged by order of the court.
3 2. Commit the child to the department for treatment in
4 an appropriate program for children for an indeterminate
5 period of time until the child is 21 or sooner if discharged
6 by the department. The department shall notify the court of
7 its intent to discharge no later than 14 days prior to
8 discharge. Failure of the court to timely respond to the
9 department's notice shall be considered approval for
10 discharge.
11 3. Order disposition pursuant to s. 985.231 as an
12 alternative to youthful offender or adult sentencing if the
13 court determines not to impose youthful offender or adult
14 sanctions.
15
16 It is the intent of the Legislature that the criteria and
17 guidelines in this subsection are mandatory and that a
18 determination of disposition under this subsection is subject
19 to the right of the child to appellate review under s.
20 985.234.
21 Section 2. This act shall take effect July 1, 2002.
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24 HOUSE SUMMARY
25
Authorizes the court to impose a combination of juvenile
26 and adult sanctions against a juvenile who commits a
criminal offense. Requires that the juvenile complete a
27 juvenile commitment program as part of the combination
sentence. Provides for the court to impose adult
28 sanctions if the juvenile violates the juvenile
commitment program.
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