Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 212 Barcode 932794 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/09/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.