Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 212
       
       
       
       
       
       
                                Barcode 932794                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2012           .                                
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       The Committee on Criminal Justice (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Graham Compliance
    6  Act.”
    7         Section 2. Juvenile offender resentencing.—
    8         (1) As used in this section, the term:
    9         (a) “Juvenile offender” means an offender who was younger
   10  than 18 years of age at the time the nonhomicide offense was
   11  committed.
   12         (b) “Nonhomicide offense” means an offense that did not
   13  result in the death of a human being.
   14         (2) Notwithstanding any other law to the contrary, a
   15  juvenile offender who is sentenced to life imprisonment for a
   16  nonhomicide offense may be eligible for resentencing as provided
   17  in this section.
   18         (3) Before a juvenile offender may be eligible for
   19  resentencing under this section, she or he must have served 25
   20  years of incarceration for the offense for which resentencing is
   21  sought. The initial resentencing hearing and any subsequent
   22  resentencing hearing may occur only if the juvenile offender has
   23  received no approved disciplinary reports for at least 3 years
   24  before the scheduled resentencing hearing.
   25         (4) The Department of Corrections shall screen juvenile
   26  offenders committed to the department for their eligibility to
   27  participate in a resentencing hearing using the criteria in
   28  subsection (3). If a juvenile offender meets the eligibility
   29  requirements, the department shall request the court of original
   30  jurisdiction to hold a resentencing hearing for that juvenile.
   31         (5) In determining whether a juvenile offender has
   32  demonstrated maturity and reform and whether she or he should be
   33  resentenced, the court conducting a resentencing hearing must
   34  consider all of the following:
   35         (a) Whether the juvenile offender poses the same level of
   36  risk to society as at the time of initial sentencing.
   37         (b) The wishes of the victim or the opinions of the
   38  victim’s next of kin. The absence of the victim or victim’s next
   39  of kin from the resentencing hearing may not be a factor in the
   40  court’s determination under this section.
   41         (c) Whether the juvenile offender was a relatively minor
   42  participant in the criminal offense or acted under extreme
   43  duress or domination of another person.
   44         (d) Whether the juvenile offender has shown sincere and
   45  sustained remorse for the criminal offense.
   46         (e) Whether the juvenile offender’s age, maturity, and
   47  psychological development at the time of the offense affected
   48  her or his behavior.
   49         (f) Whether the juvenile offender, while in the custody of
   50  the department, has aided inmates suffering from catastrophic or
   51  terminal medical, mental, or physical conditions or has
   52  prevented risk or injury to staff, citizens, or other inmates.
   53         (g) Whether the juvenile offender has successfully
   54  completed any General Educational Development or other
   55  educational, technical, work, vocational, or self-rehabilitation
   56  program.
   57         (h) Whether the juvenile offender was a victim of sexual,
   58  physical, or emotional abuse before she or he committed the
   59  offense.
   60         (i) The results of any mental health assessment, risk
   61  assessment, or evaluation of the juvenile offender.
   62         (j) The facts and circumstances of the offense for which
   63  the life sentence was imposed, including the severity of the
   64  offense.
   65         (k) Any factor that the sentencing court may have taken
   66  into account at the initial sentencing hearing in relation to
   67  all other considerations listed in this section which may be
   68  relevant to the court’s determination.
   69         (6) If the court determines at the resentencing hearing
   70  that the juvenile offender can reasonably be believed to be fit
   71  to reenter society, the court must issue an order modifying the
   72  sentence imposed and placing the offender on probation for a
   73  term of at least 5 years. If the juvenile offender violates the
   74  conditions of her or his probation, the court may revoke
   75  probation and impose any sentence that it might have originally
   76  imposed and the juvenile offender is no longer eligible for a
   77  resentencing hearing pursuant to this section.
   78         (7) A juvenile offender who is not resentenced under this
   79  section at the initial resentencing hearing is eligible for a
   80  resentencing hearing 7 years after the date of the denial and
   81  every 7 years thereafter.
   82         Section 3. This act shall take effect upon becoming a law.
   83  
   84  ================= T I T L E A M E N D M E N T ================
   85  And the title is amended as follows:
   86  
   87         Delete everything before the enacting clause
   88  and insert:
   89                        A bill to be entitled                      
   90         An act relating to juvenile offenders; providing a
   91         short title; providing definitions; providing that a
   92         juvenile offender who was younger than 18 years of age
   93         at the time of commission of a nonhomicide offense and
   94         who is sentenced to life imprisonment is eligible for
   95         resentencing if the offender has been incarcerated for
   96         a minimum period; requiring an initial resentencing
   97         hearing to determine whether the juvenile offender has
   98         demonstrated maturity and reform for resentencing;
   99         providing criteria to determine maturity and reform;
  100         requiring a minimum term of probation for any juvenile
  101         offender resentenced by the court; providing
  102         consequences for probation violations; providing
  103         eligibility for a subsequent resentencing hearing
  104         after a specified period for juvenile offenders denied
  105         resentencing; providing an effective date.