Senate Bill sb0086
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    Florida Senate - 2003                                    SB 86
    By Senator Geller
    31-73-03
  1                      A bill to be entitled
  2         An act relating to youthful offenders; creating
  3         s. 958.041, F.S.; authorizing the court to
  4         sentence offenders of a specified age or
  5         younger to a youthful offender facility of the
  6         Department of Corrections if the offender is
  7         found guilty of, or pleads nolo contendere or
  8         guilty to, a first-degree felony, a life
  9         felony, or a capital felony; providing certain
10         additional requirements and limitations with
11         respect to sentencing such an offender;
12         requiring that the offender be incarcerated in
13         the department facility until the offender
14         attains a specified age or serves a specified
15         sentence; requiring that the sentencing court
16         hold a hearing to determine whether the
17         offender is rehabilitated to an extent
18         sufficient to be released to a specified term
19         of intense community supervision; providing
20         factors for the court to consider in making
21         such determination; requiring that the
22         department supervise an offender released on
23         community supervision under the act; providing
24         for revocation of community supervision;
25         providing for the offender to be discharged
26         from the control and supervision of the
27         department following successful completion of
28         the term of intense community supervision;
29         amending s. 958.04, F.S.; conforming provisions
30         to changes made by the act; providing an
31         effective date.
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Section 958.041, Florida Statutes, is
 4  created to read:
 5         958.041  Judicial disposition of youthful offenders 15
 6  years of age or younger who have committed certain serious
 7  offenses.--
 8         (1)  Notwithstanding any other law, the court may
 9  sentence a youthful offender under this section if:
10         (a)  The offender is 15 years of age or younger at the
11  time of the offense;
12         (b)  The offender is found guilty of, or has tendered
13  and the court has accepted a plea of nolo contendere or guilty
14  to, a felony of the first degree, a life felony, or a capital
15  felony;
16         (c)  The sentence that is recommended under the
17  Criminal Punishment Code for the offense committed exceeds 10
18  years;
19         (d)  The offender has no prior adjudication for a
20  violation of:
21         1.  Any offense specified in s. 775.084(1)(b)1.;
22         2.  Section 784.03, relating to battery;
23         3.  Section 827.03, relating to child abuse; or
24         4.  Section 828.12, relating to cruelty to animals; and
25         (e)  The crime was not:
26         1.  Heinous, atrocious, or cruel, as evidenced by the
27  suffering of the victim; or
28         2.  Premeditated, as evidenced by deliberate planning
29  or preparation.
30         (2)  Any youthful offender sentenced under this section
31  shall be incarcerated in a department facility for youthful
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1  offenders until the offender is 24 years of age or has served
 2  10 years of incarceration, whichever period is longer. The
 3  department shall provide the offender with enhanced vocational
 4  and educational training, counseling, and substance-abuse
 5  treatment designed to rehabilitate the offender so that he or
 6  she may successfully reenter society and will abide by the
 7  laws of this state. The department shall maintain a detailed
 8  record of the offender's progress and attitude in all areas
 9  relevant to his or her rehabilitation.
10         (3)(a)  Upon reaching 24 years of age or serving 10
11  years of incarceration, whichever period is longer, the
12  offender shall be returned to the sentencing court for a
13  hearing to determine whether the offender has been
14  sufficiently rehabilitated to the extent that he or she can be
15  released on community supervision. If the court finds that the
16  offender has been sufficiently rehabilitated, the offender
17  shall be released on a 10-year term of intense community
18  supervision. If the court finds that the offender has failed
19  to achieve sufficient rehabilitation, the offender shall be
20  sentenced to any legal sentence that could have been imposed
21  at the time of the original disposition of the case, with
22  credit for time served. Factors to be considered by the court
23  include, but are not limited to, the offender's conduct and
24  behavior while incarcerated, the offender's attainment of
25  educational and vocational achievement goals, the
26  circumstances of the offense committed, the considerations of
27  the victim, the plan for the offender to work and reside in
28  the community, and the opinion of any expert the court
29  appoints to evaluate the offender's ability or potential to
30  succeed in the community.
31  
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1         (b)  The department shall provide each offender
 2  released on community supervision under this section with the
 3  opportunity to prove that he or she can abide by the laws of
 4  this state and be a productive member of society. If the
 5  offender violates the terms or conditions of community
 6  supervision, the court may revoke the offender's supervision,
 7  modify the terms or conditions of supervision, or sentence the
 8  offender to any legal sentence that could have been imposed at
 9  the time of the original disposition of the case, with credit
10  for time served. Upon successful completion of the 10-year
11  term of intense community supervision, the rehabilitated
12  offender shall be discharged from the control and supervision
13  of the department.
14         Section 2.  Section 958.04, Florida Statutes, is
15  amended to read:
16         958.04  Judicial disposition of youthful offenders 18
17  years of age or older.--
18         (1)  The court may sentence as a youthful offender any
19  person:
20         (a)  Who is at least 18 years of age or who has been
21  transferred for prosecution to the criminal division of the
22  circuit court pursuant to chapter 985;
23         (b)  Who is found guilty of or who has tendered, and
24  the court has accepted, a plea of nolo contendere or guilty to
25  a crime which is, under the laws of this state, a felony if
26  such crime was committed before the defendant's 21st birthday;
27  and
28         (c)  Who has not previously been classified as a
29  youthful offender under the provisions of this act; however,
30  except as otherwise provided in s. 958.041, a no person who
31  
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1  has been found guilty of a capital or life felony may not be
 2  sentenced as a youthful offender under this act.
 3         (2)  In lieu of other criminal penalties authorized by
 4  law and notwithstanding any imposition of consecutive
 5  sentences, the court shall dispose of the criminal case as
 6  follows:
 7         (a)  The court may place a youthful offender under
 8  supervision on probation or in a community control program,
 9  with or without an adjudication of guilt, under such
10  conditions as the court may lawfully impose for a period of
11  not more than 6 years. Such period of supervision shall not
12  exceed the maximum sentence for the offense for which the
13  youthful offender was found guilty.
14         (b)  The court may impose a period of incarceration as
15  a condition of probation or community control, which period of
16  incarceration shall be served in either a county facility, a
17  department probation and restitution center, or a community
18  residential facility which is owned and operated by any public
19  or private entity providing such services.  No youthful
20  offender may be required to serve a period of incarceration in
21  a community correctional center as defined in s. 944.026.
22  Admission to a department facility or center shall be
23  contingent upon the availability of bed space and shall take
24  into account the purpose and function of such facility or
25  center.  Placement in such a facility or center shall not
26  exceed 364 days.
27         (c)  The court may impose a split sentence whereby the
28  youthful offender is to be placed on probation or community
29  control upon completion of any specified period of
30  incarceration; however, if the incarceration period is to be
31  served in a department facility other than a probation and
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1  restitution center or community residential facility, such
 2  period shall be for not less than 1 year or more than 4 years.
 3  The period of probation or community control shall commence
 4  immediately upon the release of the youthful offender from
 5  incarceration.  The period of incarceration imposed or served
 6  and the period of probation or community control, when added
 7  together, shall not exceed 6 years.
 8         (d)  The court may commit the youthful offender to the
 9  custody of the department for a period of not more than 6
10  years, provided that any such commitment shall not exceed the
11  maximum sentence for the offense for which the youthful
12  offender has been convicted.  Successful participation in the
13  youthful offender program by an offender who is sentenced as a
14  youthful offender by the court pursuant to this section, or is
15  classified as such by the department, may result in a
16  recommendation to the court, by the department, for a
17  modification or early termination of probation, community
18  control, or the sentence at any time prior to the scheduled
19  expiration of such term.  When a modification of the sentence
20  results in the reduction of a term of incarceration, the court
21  may impose a term of probation or community control which,
22  when added to the term of incarceration, shall not exceed the
23  original sentence imposed.
24         (3)  The provisions of this section shall not be used
25  to impose a greater sentence than the permissible sentence
26  range as established by the Criminal Punishment Code pursuant
27  to chapter 921 unless reasons are explained in writing by the
28  trial court judge which reasonably justify departure.  A
29  sentence imposed outside of the code is subject to appeal
30  pursuant to s. 924.06 or s. 924.07.
31  
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    Florida Senate - 2003                                    SB 86
    31-73-03
 1         (4)  Due to severe prison overcrowding, the Legislature
 2  declares the construction of a basic training program facility
 3  is necessary to aid in alleviating an emergency situation.
 4         (5)  The department shall provide a special training
 5  program for staff selected for the basic training program.
 6         Section 3.  This act shall take effect October 1, 2003.
 7  
 8            *****************************************
 9                          SENATE SUMMARY
10    Authorizes the court to sentence an offender to a
      youthful-offender facility of the Department of
11    Corrections until the offender is 24 years of age or
      serves a 10-year sentence if the offender is 15 years of
12    age or younger at the time of the offense and is found
      guilty of, or pleads nolo contendere or guilty to, a
13    first-degree felony, a life felony, or a capital felony.
      Prohibits the court from imposing such sentence if the
14    offender has committed certain prior violent offenses or
      if the offense was atrocious, cruel, or premeditated.
15    Provides for the sentencing court to release the offender
      to a 10-year term of intense community supervision if the
16    court finds that the offender is rehabilitated upon
      reaching 24 years of age or after serving a 10-year
17    sentence, whichever period is longer. Provides for the
      offender to be discharged from the control and
18    supervision of the Department of Corrections following
      successful completion of the 10-year term of community
19    supervision.
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