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.