Florida Senate - 2012                                      SB 92
       
       
       
       By Senator Joyner
       
       
       
       
       18-00038-12                                             201292__
    1                        A bill to be entitled                      
    2         An act relating to parole for juvenile offenders;
    3         providing a short title; amending s. 947.16, F.S.;
    4         providing definitions; providing that a juvenile
    5         offender who was less than 18 years of age at the time
    6         of commission of a nonhomicide offense and who is
    7         sentenced to life imprisonment is eligible for parole
    8         if the offender has been incarcerated for a minimum
    9         period; requiring an initial eligibility interview to
   10         determine whether the juvenile offender has
   11         demonstrated maturity and reform for parole; providing
   12         criteria to determine maturity and reform; providing
   13         eligibility for a reinterview after a specified period
   14         for juvenile offenders denied parole; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Graham Compliance
   20  Act.”
   21         Section 2. Subsections (2) through (6) of section 947.16,
   22  Florida Statutes, are renumbered as subsections (3) through (7),
   23  respectively, and a new subsection (2) is added to that section
   24  to read:
   25         947.16 Eligibility for parole; initial parole interviews;
   26  powers and duties of commission; juvenile offender eligibility.—
   27         (2)(a) As used in this subsection, the term:
   28         1. “Juvenile offender” means an offender who was less than
   29  18 years of age at the time the nonhomicide offense was
   30  committed.
   31         2. “Nonhomicide offense” means an offense that did not
   32  result in the death of a human being.
   33         (b) Notwithstanding subsection (1) or any other provision
   34  of law to the contrary, a juvenile offender who is sentenced to
   35  life imprisonment for a nonhomicide offense may be eligible for
   36  parole as provided in this subsection.
   37         (c) Before a juvenile offender may be granted parole under
   38  this subsection, she or he must have an initial eligibility
   39  interview to determine whether she or he has demonstrated
   40  maturity and reform while in the custody of the department to
   41  justify granting parole. The initial eligibility interview may
   42  occur only after the juvenile offender has served 25 years of
   43  incarceration for the offense for which parole is sought. The
   44  initial eligibility interview and any subsequent eligibility
   45  interviews may occur only if the juvenile offender has received
   46  no approved disciplinary reports for at least 3 years before the
   47  scheduled eligibility interview.
   48         (d) In determining whether the juvenile offender has
   49  demonstrated maturity and reform and whether she or he should be
   50  granted parole, the commission must consider all of the
   51  following:
   52         1. The wishes of the victim or the opinions of the victim’s
   53  next of kin.
   54         2. Whether the juvenile offender was a relatively minor
   55  participant in the criminal offense or acted under extreme
   56  duress or domination of another person.
   57         3. Whether the juvenile offender has shown sincere and
   58  sustained remorse for the criminal offense.
   59         4. Whether the juvenile offender’s age, maturity, and
   60  psychological development at the time of the offense affected
   61  her or his behavior.
   62         5. Whether the juvenile offender, while in the custody of
   63  the department, has aided inmates suffering from catastrophic or
   64  terminal medical, mental, or physical conditions or has
   65  prevented risk or injury to staff, citizens, or other inmates.
   66         6. Whether the juvenile offender has successfully completed
   67  any General Educational Development or other educational,
   68  technical, work, vocational, or self-rehabilitation program.
   69         7. Whether the juvenile offender was a victim of sexual,
   70  physical, or emotional abuse before she or he committed the
   71  offense.
   72         8. The results of any mental health assessment or
   73  evaluation of the juvenile offender.
   74         (e) A juvenile offender who is not granted parole under
   75  this subsection after an initial eligibility interview is
   76  eligible for a reinterview 7 years after the date of the denial
   77  of the grant of parole and every 7 years thereafter.
   78         Section 3. This act shall take effect upon becoming a law.