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A bill to be entitled

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An act relating to sentencing; creating s. 921.0019, F.S.;

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creating the Sentencing Policy Advisory Council within the

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Legislature; requiring the council to evaluate sentencing

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policy, sentencing practices, laws, and rules of criminal

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procedure affecting or applicable to sentencing or

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punishment; requiring that recommendations be consistent

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with specified goals; providing membership of the council;

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providing for selection of the chair of the council;

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providing for an executive director and additional staff

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for the council, subject to appropriations; providing that

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members of the council serve without compensation, but are

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entitled to be reimbursed for per diem and travel

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expenses; requiring meetings and reports of findings and

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recommendations to the Governor, the Legislature, and the

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Florida Supreme Court; requiring the council to report its

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findings and recommendations regarding specified questions

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by a specified date; providing an effective date.

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

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     Section 1.  Section 921.0019, Florida Statutes, is created

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to read:

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921.0019 Sentencing Policy Advisory Council.--

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     (1) The Sentencing Policy Advisory Council is created

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within the Legislature for the purpose of evaluating sentencing

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policy, sentencing practices, and laws and rules of criminal

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procedure affecting or applicable to sentencing or punishment,

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including, but not limited to, the Criminal Punishment Code, the

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degree and offense severity level ranking of offenses, mandatory

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sentences, enhanced penalties, felony and misdemeanor

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reclassifications, gain-time and early release mechanisms, and

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for the purpose of making findings and recommendations on a

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continuing basis regarding changes to such policy, practices,

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laws, and rules of criminal procedure. The council shall serve in

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an advisory capacity to the Legislature, the Governor, and the

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Supreme Court.

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     (2) Any recommended change to sentencing policy, sentencing

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practices, or laws or rules of criminal procedure affecting or

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applicable to sentencing or punishment must be consistent with

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the following goals:

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     (a) Protecting public safety, including, but not limited

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to, ensuring the incarceration of violent criminal offenders and

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nonviolent criminal offenders who commit repeated acts of

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criminal behavior and who have demonstrated an inability to

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comply with less restrictive penalties previously imposed for

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nonviolent criminal acts;

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     (b) Supporting the principles embodied in the Criminal

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Punishment Code as described in s. 921.002(1); and

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     (c) Providing for the most cost-effective and efficient use

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of correctional resources to the extent that such use is not in

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conflict with the goals described in paragraphs (a) and (b).

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     (3)(a) The council shall be composed of 15 members,

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consisting of: two members of the Senate appointed by the

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President of the Senate; two members of the House of

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Representatives appointed by the Speaker of the House of

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Representatives; the Chief Justice of the Supreme Court or a

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member of the Supreme Court designated by the Chief Justice;

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three circuit court judges, one county court judge, and one

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representative of the victim advocacy profession, appointed by

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the Chief Justice of the Supreme Court; the Attorney General or

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her or his designee; and the Secretary of Corrections or her or

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his designee. The following members shall be appointed by the

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Governor: one state attorney from a list of three nominees

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recommended by the Florida Prosecuting Attorneys Association; one

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public defender from a list of three nominees recommended by the

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Public Defenders Association; and one private attorney from a

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list of three nominees recommended by the President of The

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Florida Bar. The membership of the council shall reflect the

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geographic and ethnic diversity of the state. The chair of the

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council shall be selected by the members for a term of 1 year.

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     (b) The members of the council shall be appointed to serve

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4-year terms, except that a legislative member's term expires

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upon leaving office as a member of the Senate or the House of

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Representatives.

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     (c) The council shall meet at least quarterly and other

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meetings may be called by the chair upon giving 7 days' notice to

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the public. The council may take public testimony.

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     (d) Members of the council shall serve without

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compensation, but are entitled to reimbursement for per diem and

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travel expenses, which shall be paid by the appointing entity.

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     (e) The Office of Legislative Services shall provide staff

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support for the council. The council staff members shall consist

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of an executive director and any other staff member determined to

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be necessary to the completion of the council's duties, subject

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to appropriations. Upon request of the chair of the council or

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the executive director, the Legislature's Office of Economic and

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Demographic Research, the Office of Program Policy Analysis and

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Government Accountability, the Department of Corrections and any

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other state agency or department, and the Office of the State

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Courts Administrator shall assist the council in providing

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necessary data collection, analysis, and research.

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     (4) On or before January 15 of each year, the council shall

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provide a report of its findings and recommendations to the

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Governor, the President of the Senate, the Speaker of the House

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of Representatives, and the Chief Justice of the Supreme Court.

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The council may provide the Legislature, the Governor, and the

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Supreme Court with additional reports of findings and

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recommendations at any time it deems appropriate.

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     (5) The President of the Senate or the Speaker of the House

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may also direct the council to report by a certain date the

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council's findings and recommendations regarding an issue

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pertinent to sentencing policy, sentencing practice, or laws or

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rules of criminal procedure affecting or applicable to sentencing

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or punishment.

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     Section 2. (1) On or before January 15, 2009, the

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Sentencing Policy Advisory Council shall report to the Governor,

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the President of the Senate, the Speaker of the House of

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Representatives, and the Supreme Court its preliminary findings

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and recommendations regarding the following questions:

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     (a) Should the Legislature repeal any laws providing for a

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mandatory minimum sentence or modify such laws to provide for

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presumptive mandatory minimum sentences or exceptions to

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mandatory sentences in some circumstances?

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     (b) Do mandatory sentencing laws conflict with or undermine

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the purpose of the Criminal Punishment Code?

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     (c) Are particular criminal acts punished as more than one

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specific offense and, if so, has this resulted in duplication,

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confusion, or inconsistent penalties?

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     (d) Are the penalties for particular felony or misdemeanor

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offenses disproportionate to those for other felonies or

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misdemeanor offenses of a similar nature or severity?

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     (e) Do current enhanced penalties or felony and misdemeanor

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reclassifications for repeat offenders result in duplication,

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confusion, or inconsistent penalties?

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     (f) Should the Legislature preclude the courts from

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sentencing to prison defendants convicted of third-degree

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felonies who score under 44 total sentence points?

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     (g) Should the Legislature change the current "Truth in

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Sentencing" gain-time restrictions specified in s.

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944.275(4)(b)3., Florida Statutes, to more closely align with the

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federal minimum requirements?

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     (h) Should the Legislature authorize correctional probation

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officers to apply a continuum of administrative sanctions for

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technical probation violations that do not affect public safety?

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     (2) Findings and recommendations regarding the questions

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described in subsection (1) are in addition to any findings and

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recommendations the council is required to provide under s.

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921.0019, Florida Statutes.

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     Section 3.  This act shall take effect July 1, 2008.