Florida Senate - 2009 SB 1430 By Senator King 8-00788-09 20091430__ 1 A bill to be entitled 2 An act relating to parole for adolescent offenders; 3 providing a short title; amending s. 947.16, F.S.; 4 providing definitions; providing that a child 15 years 5 of age or younger who is sentenced to life or more 6 than 10 years in prison is eligible for parole if the 7 offender has been incarcerated for a minimum period 8 and has not previously been adjudicated for certain 9 offenses; requiring an initial eligibility interview 10 to determine whether the adolescent offender has been 11 sufficiently rehabilitated for parole; providing 12 criteria to determine sufficient rehabilitation; 13 providing eligibility for a reinterview after a 14 specified period for offenders denied parole; 15 providing that the child be incarcerated in an 16 adolescent offender facility with a GED program; 17 providing that if the child is not granted parole by a 18 specified age, the child must be transferred from the 19 adolescent offender facility to an appropriate adult 20 facility with a GED program; providing that if the 21 child is granted parole, the adolescent offender must 22 participate in any available reentry program for 2 23 years; defining the term “reentry program”; providing 24 priority for certain programs; providing for 25 eligibility for an initial eligibility interview for 26 offenders in their eighth or subsequent year of 27 incarceration on the effective date of the act; 28 providing for retroactive application; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. This act may be cited as the “Second Chance for 34 Children in Prison Act of 2009.” 35 Section 2. Paragraph (f) is added to subsection (1) of 36 section 947.16, Florida Statutes, subsections (2) through (6) 37 are renumbered as subsections (4) through (8), respectively, and 38 new subsections (2) and (3) are added to that section, to read: 39 947.16 Eligibility for parole; initial parole interviews; 40 powers and duties of commission; adolescent offender 41 eligibility.— 42 (1) Every person who has been convicted of a felony or who 43 has been convicted of one or more misdemeanors and whose 44 sentence or cumulative sentences total 12 months or more, who is 45 confined in execution of the judgment of the court, and whose 46 record during confinement or while under supervision is good, 47 shall, unless otherwise provided by law, be eligible for 48 interview for parole consideration of her or his cumulative 49 sentence structure as follows: 50 (f)1. As used in this paragraph and subsections (2) and 51 (3), the term: 52 a. “Adolescent offender” means an offender who was 15 years 53 of age or younger at the time the criminal act was committed and 54 was sentenced to life, or to a single or cumulative term of 55 imprisonment of 10 years or more, and has served 8 years of the 56 sentence. 57 b. “Current offense” means one or more crimes committed by 58 the adolescent offender within a 1-month period of time or for 59 which sentences run concurrent to each other. 60 2. An adolescent offender may be eligible for parole as 61 provided in this paragraph. An adolescent offender is ineligible 62 under this paragraph if she or he, before the current offense, 63 pled nolo contendere to or was convicted of any violation of: 64 a. Section 782.04, entitled “Murder”; 65 b. Section 784.041, entitled “Felony battery; domestic 66 battery by strangulation”; 67 c. Section 784.045, entitled “Aggravated battery”; 68 d. Section 784.07, entitled “Assault or battery of law 69 enforcement officers, firefighters, emergency medical care 70 providers, public transit employees or agents, or other 71 specified officers; reclassification of offenses; minimum 72 sentences”; 73 e. Section 784.08, entitled “Assault or battery on persons 74 65 years of age or older; reclassification of offenses; minimum 75 sentence”; 76 f. Section 790.07, entitled “Persons engaged in criminal 77 offense, having weapons”; 78 g. Section 794.011, entitled “Sexual battery”; 79 h. Section 827.03, entitled “Abuse, aggravated abuse, and 80 neglect of a child; penalties”; or 81 i. Section 828.12, entitled “Cruelty to animals.” 82 3. Before an adolescent offender may be granted parole 83 under this paragraph, she or he must have an initial eligibility 84 interview to determine whether she or he has been sufficiently 85 rehabilitated while in the custody of the department to justify 86 granting parole. The initial eligibility interview will occur in 87 the eighth year of incarceration. In order to determine if the 88 adolescent offender has been sufficiently rehabilitated, she or 89 he must have successfully completed the General Educational 90 Development (GED) program and have received no disciplinary 91 reports for a period of at least 2 years. The hearing examiner 92 must also consider whether: 93 a. The adolescent offender was a principal to the criminal 94 offense or an accomplice to the offense, a relatively minor 95 participant in the criminal offense, or acted under extreme 96 duress or domination of another person. 97 b. The adolescent offender has shown remorse for the 98 criminal offense. 99 c. The adolescent offender’s age, maturity, and 100 psychological development at the time of the offense affected 101 her or his behavior. 102 d. The adolescent offender, while in the custody of the 103 department, has aided inmates suffering from catastrophic or 104 terminal medical, mental, or physical conditions or has 105 prevented risk or injury to staff, citizens, or other inmates. 106 e. The adolescent offender has successfully completed 107 educational and self-rehabilitation programs. 108 f. The adolescent offender was a victim of sexual, 109 physical, or emotional abuse. 110 g. The wishes of the victim or the opinions of the victim’s 111 next of kin have been taken into serious consideration. 112 4. An adolescent offender who is not granted parole under 113 this paragraph after an initial eligibility interview shall be 114 eligible for a reinterview 2 years after the date of the denial 115 of the grant of parole and every 2 years thereafter. 116 (2) Except as otherwise provided in chapter 958, an 117 adolescent offender must be serving the sentence in a facility 118 designated for adolescent offenders that has a General 119 Educational Development (GED) program. The adolescent offender 120 shall receive priority in GED program placement. If an 121 adolescent offender has not been granted parole by the time she 122 or he reaches 25 years of age, the adolescent offender must be 123 transferred from the adolescent offender facility to an 124 appropriate adult facility that has a General Educational 125 Development (GED) program. 126 (3) If the adolescent offender is granted parole, the 127 adolescent offender must participate in any available reentry 128 program for 2 years. As used in this subsection, the term 129 “reentry program” means a program that promotes effective 130 reintegration of offenders back into communities upon release 131 and provides one or more of the following: vocational training, 132 placement services, transitional housing, mentoring, or drug 133 rehabilitation. Priority shall be given to those reentry 134 programs that are residential, highly structured, self-reliant, 135 and therapeutic communities. 136 Section 3. An adolescent offender, as defined in s. 137 947.16(1)(f), Florida Statutes, as created by this act, in his 138 or her eighth or subsequent year of incarceration on the 139 effective date of this act must receive an initial eligibility 140 interview as provided in s. 947.16(1)(f)3., Florida Statutes, as 141 created by this act, if he or she is otherwise eligible. 142 Section 4. This act shall take effect upon becoming a law 143 and shall apply retroactively.