HB 0273CS

CHAMBER ACTION




1The Juvenile Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to youthful offenders; amending ss.
7958.045 and 958.11, F.S.; revising sentencing provisions
8for juvenile offenders who violate the terms of their
9probation; revising references to obsolete offices within
10the Department of Corrections relating to youthful
11offenders; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2), paragraph (c) of subsection
16(5), and paragraph (a) of subsection (8) of section 958.045,
17Florida Statutes, are amended to read:
18     958.045  Youthful offender basic training program.--
19     (2)(a)  Upon receipt of a youthful offender offenders, the
20department shall screen the offender offenders for the basic
21training program. To participate, an offender must have no
22physical limitations that preclude participation in strenuous
23activity, must not be impaired, and must not have been
24previously incarcerated in a state or federal correctional
25facility. In screening an offender offenders for the basic
26training program, the department shall consider the offender's
27criminal history and the possible rehabilitative benefits of
28"shock" incarceration.
29(b)  If an offender meets the specified criteria and space
30is available, the department shall request, in writing from the
31sentencing court, approval for the offender to participate in
32the basic training program. When If the person is classified by
33the department as a youthful offender and the department
34requests is requesting approval from the sentencing court for
35placement of an offender in a basic training the program, the
36department shall, at the same time, notify the state attorney
37that the offender is being considered for placement in the basic
38training program. The notice must explain that the purpose of
39such placement is diversion from lengthy incarceration when a
40short "shock" incarceration could produce the same deterrent
41effect, and that the state attorney may, within 14 days after
42the mailing of the notice, notify the sentencing court in
43writing of objections, if any, to the placement of the offender
44in the basic training program.
45     (c)  The sentencing court shall notify the department in
46writing of placement approval no later than 21 days after
47receipt of the department's request for placement of the
48youthful offender in the basic training program. Failure to
49notify the department within 21 days shall be considered an
50approval by the sentencing court for placing the youthful
51offender in the basic training program. Each state attorney may
52develop procedures for notifying the victim that the offender is
53being considered for placement in the basic training program.
54     (5)
55     (c)  The portion of the sentence served prior to placement
56in the basic training program may not be counted toward program
57completion. Upon the offender's completion of the basic training
58program, the department shall submit a report to the court that
59describes the offender's performance. If the offender's
60performance has been satisfactory, the court shall issue an
61order modifying the sentence imposed and placing the offender on
62probation. The term of probation may include placement in a
63community residential program. If the offender violates the
64conditions of probation, the court may revoke probation and
65impose any sentence that it might have originally imposed as a
66condition of probation.
67     (8)(a)  The department Assistant Secretary for Youthful
68Offenders shall continuously screen all institutions,
69facilities, and programs for any inmate who meets the
70eligibility requirements for youthful offender designation
71specified in s. 958.04, whose age does not exceed 24 years. The
72department may classify and assign as a youthful offender any
73inmate who meets the criteria of s. 958.04.
74     Section 2.  Subsections (4), (5), and (6) of section
75958.11, Florida Statutes, are amended to read:
76     958.11  Designation of institutions and programs for
77youthful offenders; assignment from youthful offender
78institutions and programs.--
79     (4)  The department Office of the Assistant Secretary for
80Youthful Offenders shall continuously screen all institutions,
81facilities, and programs for any inmate who meets the
82eligibility requirements for youthful offender designation
83specified in s. 958.04(1)(a) and (c) whose age does not exceed
8424 years and whose total length of sentence does not exceed 10
85years, and the department may classify and assign as a youthful
86offender any inmate who meets the criteria of this subsection.
87     (5)  The department Population Movement and Control
88Coordinator shall coordinate all youthful offender assignments
89or transfers and shall consult with the Office of the Assistant
90Secretary for Youthful Offenders. The department Office of the
91Assistant Secretary for Youthful Offenders shall review and
92maintain access to full and complete documentation and
93substantiation of all such assignments or transfers of youthful
94offenders to or from facilities in the state correctional system
95that which are not designated for their care, custody, and
96control, except assignments or transfers made pursuant to
97paragraph (3)(c).
98     (6)  The department may assign to a youthful offender
99facility any inmate, except a capital or life felon, whose age
100does not exceed 19 years but who does not otherwise meet the
101criteria of this section, if the department Assistant Secretary
102for Youthful Offenders determines that such inmate's mental or
103physical vulnerability would substantially or materially
104jeopardize his or her safety in a nonyouthful offender facility.
105Assignments made under this subsection shall be included in the
106department's annual report.
107     Section 3.  This act shall take effect July 1, 2005.


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