Florida Senate - 2010 CS for CS for SB 184 By the Committees on Criminal and Civil Justice Appropriations; and Criminal Justice; and Senators Joyner and Dockery 604-04842-10 2010184c2 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 an adolescent 5 offender who was 15 years of age or younger at the 6 time of commission of an offense and who is sentenced 7 to life or a single or cumulative term of 10 years or 8 more in prison is eligible for parole if the offender 9 has been incarcerated for a minimum period and has not 10 previously been convicted of or adjudicated delinquent 11 for certain offenses; requiring an initial eligibility 12 interview to determine whether the adolescent offender 13 has been sufficiently rehabilitated for parole; 14 providing criteria to determine sufficient 15 rehabilitation; providing eligibility for a 16 reinterview after a specified period for adolescent 17 offenders denied parole; requiring the commission, 18 before any eligibility interview, to review the 19 adolescent offenders in the department’s custody to 20 determine which offenders meet the criteria for parole 21 consideration but have not obtained a GED certificate; 22 requiring the department to enroll such inmates in a 23 GED program within a reasonable time; providing that 24 if the adolescent offender is granted parole, the 25 adolescent offender must participate in any available 26 reentry program for 2 years; defining the term 27 “reentry program”; providing priority for certain 28 programs; providing for eligibility for an initial 29 eligibility interview for offenders in their eighth or 30 subsequent year of incarceration on the effective date 31 of the act; providing for retroactive application; 32 providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. This act may be cited as the “Second Chance for 37 Children in Prison Act.” 38 Section 2. Present subsections (2) through (6) of section 39 947.16, Florida Statutes, are renumbered as subsections (3) 40 through (7), respectively, and a new subsection (2) is added to 41 that section to read: 42 947.16 Eligibility for parole; initial parole interviews; 43 powers and duties of commission; adolescent offender 44 eligibility.— 45 (2)(a) As used in this subsection, the term: 46 1. “Adolescent offender” means an offender who was 15 years 47 of age or younger at the time the criminal act was committed and 48 was sentenced to life or to a single or cumulative term of 49 imprisonment of 10 years or more. 50 2. “Current offense” means the offense for which the 51 adolescent offender is being considered for parole and any other 52 crimes committed by the adolescent offender within a 1-month 53 period of that offense, or for which sentences run concurrent to 54 that offense. 55 (b) Notwithstanding the provisions of subsection (1) or of 56 any other law to the contrary, an adolescent offender may be 57 eligible for parole as provided in this subsection. 58 (c) An adolescent offender is ineligible under this 59 subsection if she or he: 60 1. Before conviction of the current offense, was convicted 61 of or adjudicated delinquent for any violation of: 62 a. Section 782.04, entitled “Murder”; 63 b. Section 784.041, entitled “Felony battery; domestic 64 battery by strangulation”; 65 c. Section 784.045, entitled “Aggravated battery”; 66 d. Section 784.07, entitled “Assault or battery of law 67 enforcement officers, firefighters, emergency medical care 68 providers, public transit employees or agents, or other 69 specified officers; reclassification of offenses; minimum 70 sentences”; 71 e. Section 784.08, entitled “Assault or battery on persons 72 65 years of age or older; reclassification of offenses; minimum 73 sentence”; 74 f. Section 787.01, entitled “Kidnapping; kidnapping of 75 child under age 13, aggravating circumstances”; 76 g. Section 790.07, entitled “Persons engaged in criminal 77 offense, having weapons”; 78 h. Section 794.011, entitled “Sexual battery”; 79 i. Section 812.133, entitled “Carjacking”; 80 j. Section 812.135, entitled “Home-invasion robbery”; 81 k. Section 827.03, entitled “Abuse, aggravated abuse, and 82 neglect of a child; penalties”; or 83 l. Section 828.12(2), entitled “Cruelty to animals.” 84 2. During the commission of the current offense, committed 85 an act of violence or threatened to commit an act of violence. 86 (d) Before an adolescent offender may be granted parole 87 under this subsection, she or he must have an initial 88 eligibility interview to determine whether she or he has been 89 sufficiently rehabilitated while in the custody of the 90 department to justify granting parole. The initial eligibility 91 interview will occur in the eighth year of incarceration. In 92 order to determine if the adolescent offender has been 93 sufficiently rehabilitated, she or he must have successfully 94 completed the General Educational Development (GED) program, 95 unless waived based on disability, and have received no approved 96 disciplinary reports for a period of at least 2 years 97 immediately prior to the current eligibility interview. The 98 hearing examiner must also take into serious consideration the 99 wishes of the victim or the opinions of the victim’s next of kin 100 and consider: 101 1. Whether the adolescent offender was a principal to the 102 criminal offense or an accomplice to the offense, a relatively 103 minor participant in the criminal offense, or acted under 104 extreme duress or domination of another person. 105 2. Whether the adolescent offender has shown remorse for 106 the criminal offense. 107 3. Whether the adolescent offender’s age, maturity, and 108 psychological development at the time of the offense affected 109 her or his behavior. 110 4. Whether the adolescent offender, while in the custody of 111 the department, has aided inmates suffering from catastrophic or 112 terminal medical, mental, or physical conditions or has 113 prevented risk or injury to staff, citizens, or other inmates. 114 5. Whether the adolescent offender has successfully 115 completed educational, technical, or vocational programs and any 116 available self-rehabilitation programs. 117 6. Whether the adolescent offender was a victim of sexual, 118 physical, or emotional abuse. 119 7. The results of any mental health assessment or 120 evaluation that has been performed on the adolescent offender. 121 (e) An adolescent offender who is not granted parole under 122 this subsection after an initial eligibility interview shall be 123 eligible for a reinterview 7 years after the date of the denial 124 of the grant of parole and every 7 years thereafter. 125 (f) Within 240 days before the initial eligibility 126 interview and at each reinterview thereafter, the commission 127 shall review the adolescent offenders in the department’s 128 custody to determine which offenders meet the criteria for 129 parole consideration under this section but have not obtained a 130 General Educational Development (GED) certificate. The 131 commission shall notify the department of any such inmate and 132 the department shall enroll the inmate in a GED program within a 133 reasonable time based upon program availability. The department 134 may remove the offender from the program if he or she: 135 1. Becomes a serious management or disciplinary problem 136 resulting from serious or repeat violations of departmental 137 rules; 138 2. Refuses to participate in the program, or does not 139 actively participate in the program for reasons other than 140 actions by the department which would preclude participation; or 141 3. Requires services, such as medical or mental health 142 treatment, which no longer allow him or her to participate in 143 the program. 144 (g) If the adolescent offender is granted parole, the 145 adolescent offender must participate in any available reentry 146 program for 2 years. As used in this paragraph, the term 147 “reentry program” means a program that promotes effective 148 reintegration of adolescent offenders back into communities upon 149 release and provides one or more of the following: vocational 150 training, placement services, transitional housing, mentoring, 151 or drug rehabilitation. Priority shall be given to those reentry 152 programs that are residential, highly structured, self-reliant, 153 and therapeutic communities. 154 Section 3. An adolescent offender, as defined in s. 155 947.16(2)(a), Florida Statutes, as created by this act, who is 156 in her or his eighth or subsequent year of incarceration on the 157 effective date of this act must receive an initial eligibility 158 interview as provided in s. 947.16(2)(c), Florida Statutes, as 159 created by this act, if she or he is otherwise eligible. 160 Section 4. This act shall take effect upon becoming a law, 161 and applies to offenses committed before, on, or after that 162 date.