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