| 1 | The Juvenile Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to youthful offenders; amending ss. |
| 7 | 958.045 and 958.11, F.S.; revising sentencing provisions |
| 8 | for juvenile offenders who violate the terms of their |
| 9 | probation; revising references to obsolete offices within |
| 10 | the Department of Corrections relating to youthful |
| 11 | offenders; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (2), paragraph (c) of subsection |
| 16 | (5), and paragraph (a) of subsection (8) of section 958.045, |
| 17 | Florida Statutes, are amended to read: |
| 18 | 958.045 Youthful offender basic training program.-- |
| 19 | (2)(a) Upon receipt of a youthful offender offenders, the |
| 20 | department shall screen the offender offenders for the basic |
| 21 | training program. To participate, an offender must have no |
| 22 | physical limitations that preclude participation in strenuous |
| 23 | activity, must not be impaired, and must not have been |
| 24 | previously incarcerated in a state or federal correctional |
| 25 | facility. In screening an offender offenders for the basic |
| 26 | training program, the department shall consider the offender's |
| 27 | criminal history and the possible rehabilitative benefits of |
| 28 | "shock" incarceration. |
| 29 | (b) If an offender meets the specified criteria and space |
| 30 | is available, the department shall request, in writing from the |
| 31 | sentencing court, approval for the offender to participate in |
| 32 | the basic training program. When If the person is classified by |
| 33 | the department as a youthful offender and the department |
| 34 | requests is requesting approval from the sentencing court for |
| 35 | placement of an offender in a basic training the program, the |
| 36 | department shall, at the same time, notify the state attorney |
| 37 | that the offender is being considered for placement in the basic |
| 38 | training program. The notice must explain that the purpose of |
| 39 | such placement is diversion from lengthy incarceration when a |
| 40 | short "shock" incarceration could produce the same deterrent |
| 41 | effect, and that the state attorney may, within 14 days after |
| 42 | the mailing of the notice, notify the sentencing court in |
| 43 | writing of objections, if any, to the placement of the offender |
| 44 | in the basic training program. |
| 45 | (c) The sentencing court shall notify the department in |
| 46 | writing of placement approval no later than 21 days after |
| 47 | receipt of the department's request for placement of the |
| 48 | youthful offender in the basic training program. Failure to |
| 49 | notify the department within 21 days shall be considered an |
| 50 | approval by the sentencing court for placing the youthful |
| 51 | offender in the basic training program. Each state attorney may |
| 52 | develop procedures for notifying the victim that the offender is |
| 53 | being considered for placement in the basic training program. |
| 54 | (5) |
| 55 | (c) The portion of the sentence served prior to placement |
| 56 | in the basic training program may not be counted toward program |
| 57 | completion. Upon the offender's completion of the basic training |
| 58 | program, the department shall submit a report to the court that |
| 59 | describes the offender's performance. If the offender's |
| 60 | performance has been satisfactory, the court shall issue an |
| 61 | order modifying the sentence imposed and placing the offender on |
| 62 | probation. The term of probation may include placement in a |
| 63 | community residential program. If the offender violates the |
| 64 | conditions of probation, the court may revoke probation and |
| 65 | impose any sentence that it might have originally imposed as a |
| 66 | condition of probation. |
| 67 | (8)(a) The department Assistant Secretary for Youthful |
| 68 | Offenders shall continuously screen all institutions, |
| 69 | facilities, and programs for any inmate who meets the |
| 70 | eligibility requirements for youthful offender designation |
| 71 | specified in s. 958.04, whose age does not exceed 24 years. The |
| 72 | department may classify and assign as a youthful offender any |
| 73 | inmate who meets the criteria of s. 958.04. |
| 74 | Section 2. Subsections (4), (5), and (6) of section |
| 75 | 958.11, Florida Statutes, are amended to read: |
| 76 | 958.11 Designation of institutions and programs for |
| 77 | youthful offenders; assignment from youthful offender |
| 78 | institutions and programs.-- |
| 79 | (4) The department Office of the Assistant Secretary for |
| 80 | Youthful Offenders shall continuously screen all institutions, |
| 81 | facilities, and programs for any inmate who meets the |
| 82 | eligibility requirements for youthful offender designation |
| 83 | specified in s. 958.04(1)(a) and (c) whose age does not exceed |
| 84 | 24 years and whose total length of sentence does not exceed 10 |
| 85 | years, and the department may classify and assign as a youthful |
| 86 | offender any inmate who meets the criteria of this subsection. |
| 87 | (5) The department Population Movement and Control |
| 88 | Coordinator shall coordinate all youthful offender assignments |
| 89 | or transfers and shall consult with the Office of the Assistant |
| 90 | Secretary for Youthful Offenders. The department Office of the |
| 91 | Assistant Secretary for Youthful Offenders shall review and |
| 92 | maintain access to full and complete documentation and |
| 93 | substantiation of all such assignments or transfers of youthful |
| 94 | offenders to or from facilities in the state correctional system |
| 95 | that which are not designated for their care, custody, and |
| 96 | control, except assignments or transfers made pursuant to |
| 97 | paragraph (3)(c). |
| 98 | (6) The department may assign to a youthful offender |
| 99 | facility any inmate, except a capital or life felon, whose age |
| 100 | does not exceed 19 years but who does not otherwise meet the |
| 101 | criteria of this section, if the department Assistant Secretary |
| 102 | for Youthful Offenders determines that such inmate's mental or |
| 103 | physical vulnerability would substantially or materially |
| 104 | jeopardize his or her safety in a nonyouthful offender facility. |
| 105 | Assignments made under this subsection shall be included in the |
| 106 | department's annual report. |
| 107 | Section 3. This act shall take effect July 1, 2005. |