Senate Bill sb0170

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    Florida Senate - 2005                                   SB 170

    By Senator Lynn





    7-135-05

  1                      A bill to be entitled

  2         An act relating to the sentencing of youthful

  3         offenders; amending s. 958.04, F.S.;

  4         prohibiting the court from sentencing a person

  5         as a youthful offender if the person is older

  6         than a specified age and found guilty of

  7         committing sexual battery, lewd or indecent

  8         exposure, or child abuse or neglect; reenacting

  9         ss. 958.03(5), 958.045(8)(a), 958.11(4), and

10         985.233(4)(c), F.S., relating to the definition

11         of a youthful offender, institutions and

12         programs for youthful offenders, and sentencing

13         alternatives, to incorporate the amendments to

14         s. 958.04, F.S., in references thereto;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 958.04, Florida Statutes, is

20  amended to read:

21         958.04  Judicial disposition of youthful offenders.--

22         (1)  The court may sentence as a youthful offender any

23  person who:

24         (a)  Who Is at least 18 years of age or who has been

25  transferred for prosecution to the criminal division of the

26  circuit court pursuant to chapter 985;

27         (b)  Who Is found guilty of or who has tendered, and

28  the court has accepted, a plea of nolo contendere or guilty to

29  a crime that which is, under the laws of this state, a felony

30  if such crime was committed before the defendant's 21st

31  birthday; and

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    Florida Senate - 2005                                   SB 170
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 1         (c)  Who Has not previously been classified as a

 2  youthful offender under the provisions of this act.; however,

 3  no person who has been found guilty of a capital or life

 4  felony may be sentenced as a youthful offender under this act.

 5         (2)  The court may not sentence as a youthful offender

 6  any person who has been found guilty of:

 7         (a)  A capital or life felony; or

 8         (b)  A sexual offense proscribed in chapter 794,

 9  chapter 800, or chapter 827 and who was 18 years of age or

10  older at the time of that offense.

11         (3)(2)  In lieu of other criminal penalties authorized

12  by law and notwithstanding any imposition of consecutive

13  sentences, the court shall dispose of the criminal case as

14  follows:

15         (a)  The court may place a youthful offender under

16  supervision on probation or in a community control program,

17  with or without an adjudication of guilt, under such

18  conditions as the court may lawfully impose for a period of

19  not more than 6 years. Such period of supervision may shall

20  not exceed the maximum sentence for the offense for which the

21  youthful offender was found guilty.

22         (b)  The court may impose a period of incarceration as

23  a condition of probation or community control, which period of

24  incarceration shall be served in either a county facility, a

25  department probation and restitution center, or a community

26  residential facility that which is owned and operated by any

27  public or private entity providing such services.  A No

28  youthful offender may not be required to serve a period of

29  incarceration in a community correctional center as defined in

30  s. 944.026.  Admission to a department facility or center is

31  shall be contingent upon the availability of bed space and the

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    Florida Senate - 2005                                   SB 170
    7-135-05




 1  court shall take into account the purpose and function of such

 2  facility or center.  Placement in such a facility or center

 3  may shall not exceed 364 days.

 4         (c)  The court may impose a split sentence whereby the

 5  youthful offender is to be placed on probation or community

 6  control upon completion of any specified period of

 7  incarceration; however, if the incarceration period is to be

 8  served in a department facility other than a probation and

 9  restitution center or community residential facility, such

10  period shall be for not less than 1 year or more than 4 years.

11  The period of probation or community control shall commence

12  immediately upon the release of the youthful offender from

13  incarceration.  The period of incarceration imposed or served

14  and the period of probation or community control, when added

15  together, may shall not exceed 6 years.

16         (d)  The court may commit the youthful offender to the

17  custody of the department for a period of not more than 6

18  years; however, provided that any such commitment may shall

19  not exceed the maximum sentence for the offense for which the

20  youthful offender has been convicted.  Successful

21  participation in the youthful offender program by an offender

22  who is sentenced as a youthful offender by the court under

23  pursuant to this section, or is classified as such by the

24  department, may result in a recommendation to the court, by

25  the department, for a modification or early termination of

26  probation, community control, or the sentence at any time

27  before prior to the scheduled expiration of such term.  When a

28  modification of the sentence results in the reduction of a

29  term of incarceration, the court may impose a term of

30  probation or community control which, when added to the term

31  

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    Florida Senate - 2005                                   SB 170
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 1  of incarceration, may shall not exceed the original sentence

 2  imposed.

 3         (4)(3)  The provisions of This section may shall not be

 4  used to impose a greater sentence than the permissible

 5  sentence range as established by the Criminal Punishment Code

 6  under pursuant to chapter 921 unless reasons are explained in

 7  writing by the trial court judge which reasonably justify

 8  departure.  A sentence imposed outside of the code is subject

 9  to appeal under pursuant to s. 924.06 or s. 924.07.

10         (5)(4)  Due to severe prison overcrowding, the

11  Legislature declares the construction of a basic training

12  program facility is necessary to aid in alleviating an

13  emergency situation.

14         (6)(5)  The department shall provide a special training

15  program for staff selected for the basic training program.

16         Section 2.  For the purpose of incorporating the

17  amendments made by this act to section 958.04, Florida

18  Statutes, in a reference thereto, subsection (5) of section

19  958.03, Florida Statutes, is reenacted to read:

20         958.03  Definitions.--As used in this act:

21         (5)  "Youthful offender" means any person who is

22  sentenced as such by the court or is classified as such by the

23  department pursuant to s. 958.04.

24         Section 3.  For the purpose of incorporating the

25  amendments made by this act to section 958.04, Florida

26  Statutes, in a reference thereto, paragraph (a) of subsection

27  (8) of section 958.045, Florida Statutes, is reenacted to

28  read:

29         958.045  Youthful offender basic training program.--

30         (8)(a)  The Assistant Secretary for Youthful Offenders

31  shall continuously screen all institutions, facilities, and

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    Florida Senate - 2005                                   SB 170
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 1  programs for any inmate who meets the eligibility requirements

 2  for youthful offender designation specified in s. 958.04,

 3  whose age does not exceed 24 years. The department may

 4  classify and assign as a youthful offender any inmate who

 5  meets the criteria of s. 958.04.

 6         Section 4.  For the purpose of incorporating the

 7  amendments made by this act to section 958.04, Florida

 8  Statutes, in a reference thereto, subsection (4) of section

 9  958.11, Florida Statutes, 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.  For the purpose of incorporating the

23  amendments made by this act to section 958.04, Florida

24  Statutes, in a reference thereto, paragraph (c) of subsection

25  (4) of section 985.233, Florida Statutes, is reenacted to

26  read:

27         985.233  Sentencing powers; procedures; alternatives

28  for juveniles prosecuted as adults.--

29         (4)  SENTENCING ALTERNATIVES.--

30         (c)  Imposition of adult sanctions upon failure of

31  juvenile sanctions.--If a child proves not to be suitable to a

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    Florida Senate - 2005                                   SB 170
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 1  commitment program, in a juvenile probation program, or

 2  treatment program under the provisions of paragraph (b), the

 3  department shall provide the sentencing court with a written

 4  report outlining the basis for its objections to the juvenile

 5  sanction and shall simultaneously provide a copy of the report

 6  to the state attorney and the defense counsel. The department

 7  shall schedule a hearing within 30 days.  Upon hearing, the

 8  court may revoke the previous adjudication, impose an

 9  adjudication of guilt, and impose any sentence which it may

10  lawfully impose, giving credit for all time spent by the child

11  in the department. The court may also classify the child as a

12  youthful offender pursuant to s. 958.04, if appropriate. For

13  purposes of this paragraph, a child may be found not suitable

14  to a commitment program, community control program, or

15  treatment program under the provisions of paragraph (b) if the

16  child commits a new violation of law while under juvenile

17  sanctions, if the child commits any other violation of the

18  conditions of juvenile sanctions, or if the child's actions

19  are otherwise determined by the court to demonstrate a failure

20  of juvenile sanctions.

21  

22  It is the intent of the Legislature that the criteria and

23  guidelines in this subsection are mandatory and that a

24  determination of disposition under this subsection is subject

25  to the right of the child to appellate review under s.

26  985.234.

27         Section 6.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 170
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 2                          SENATE SUMMARY

 3    Prohibits sentencing a person found guilty of a sexual
      offense who is 18 years of age or older at the time of
 4    the offense as a youthful offender.

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