HB 1061

1
A bill to be entitled
2An act relating to parole for juveniles; amending s.
3985.225, F.S.; providing that a child younger than a
4specified age who is found to have committed an offense
5punishable by death or life imprisonment is eligible for
6parole if the child has not previously been adjudicated
7for certain offenses; requiring that the child be
8incarcerated in a youthful-offender facility for a minimum
9period before becoming eligible for parole release;
10requiring that the Parole Commission review a child for
11release; requiring the commission to conduct an initial
12interview with the child; providing that the child's case
13be periodically reviewed thereafter for eligibility for
14parole release; providing that, if the child has not been
15granted parole by the time the child reaches a specified
16age, the child must be transferred from the youthful-
17offender facility to an appropriate adult facility;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (4) of section 985.225, Florida
23Statutes, is redesignated as subsection (5), and a new
24subsection (4) is added to that section, to read:
25     985.225  Indictment of a juvenile.--
26     (4)(a)  A child 15 years of age or younger who is found to
27have committed an offense punishable by death or by life
28imprisonment, is eligible for parole if the child has not
29previously been adjudicated for a violation of:
30     1.  Any offense specified in s. 775.084(1)(b)1.;
31     2.  Section 784.03, relating to battery;
32     3.  Section 827.03, relating to child abuse; or
33     4.  Section 828.12, relating to cruelty to animals.
34     (b)  The child must be incarcerated in a facility for
35youthful offenders for a minimum of 8 years before becoming
36eligible for parole release.
37     (c)  The Parole Commission shall review the child for
38release under s. 947.16; however, the commission shall conduct
39an interview with the child within 8 months after the initial
40date of confinement in execution of the judgment. Thereafter,
41the child's case shall be reviewed every 2 years for eligibility
42for parole release. If the child has not been granted parole by
43the time the child reaches 25 years of age, the child must be
44transferred from the facility for youthful offenders to an
45appropriate facility for adults.
46     Section 2.  This act shall take effect July 1, 2004.


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