Florida Senate - 2012 CS for SB 92 By the Committee on Criminal Justice; and Senator Joyner 591-00854-12 201292c1 1 A bill to be entitled 2 An act relating to reducing or suspending the sentence 3 of a juvenile offender; providing a short title; 4 creating s. 921.167, F.S.; defining terms; providing 5 that a juvenile offender who was 17 years of age or 6 younger at the time of committing one or more 7 nonhomicide offenses and who was sentenced to 10 or 8 more years of imprisonment may be eligible for a 9 reduced or suspended sentence; providing that the 10 juvenile offender may petition the court after a 11 specified age for a hearing to reduce or suspend the 12 sentence; setting forth the eligibility criteria to 13 reduce or suspend a sentence; authorizing the juvenile 14 offender to petition for subsequent sentencing 15 hearings if the court does not reduce or suspend the 16 juvenile offender’s sentence; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. This act may be cited as the “Second Chance for 22 Children Act.” 23 Section 2. Section 921.167, Florida Statutes, is created to 24 read: 25 921.167 Juvenile offender reduction or suspension of 26 sentence.— 27 (1) As used in this section, the term: 28 (a) “Department” means the Department of Corrections. 29 (b) “Juvenile offender” means an offender who was sentenced 30 to a single or cumulative term of imprisonment of 10 or more 31 years for one or more nonhomicide offenses committed while he or 32 she was 17 years of age or younger. 33 (c) “Nonhomicide offense” means an offense that did not 34 result in the death of a human being. 35 (d) “Reentry program” means a program that promotes 36 effective reintegration of an offender back into the community 37 upon release and provides one or more of the following 38 activities: 39 1. Vocational training; 40 2. Placement services; 41 3. Transitional housing; 42 4. Mentoring; or 43 5. Drug rehabilitation. 44 (2) Notwithstanding any other law, a juvenile offender may 45 be eligible for a reduced or suspended sentence under this 46 section. 47 (a) A juvenile offender must have a sentencing hearing to 48 determine whether she or he has been sufficiently rehabilitated 49 while in the custody of the department before he or she can be 50 eligible for a reduced or suspended sentence under this section. 51 (b) Upon reaching 25 years of age, a juvenile offender may 52 petition the court to reduce or suspend his or her sentence. The 53 petition shall be filed in the court that initially sentenced 54 the juvenile offender. In order to be eligible for a reduced or 55 suspended sentence, the petition must allege that the juvenile 56 offender has: 57 1. Successfully completed the general education development 58 (GED) program, if he or she does not have a high school diploma, 59 unless this requirement has been waived because of the juvenile 60 offender’s disability as shown by the juvenile offender’s 61 previous individual education plan , 504 accommodation plan 62 under s. 504 of the federal Rehabilitation Act of 1973, or by a 63 psychological evaluation; and 64 2. Not received any disciplinary reports issued by the 65 department for a period of at least 3 years immediately before 66 filing the petition. 67 (c) The court shall schedule a sentencing hearing within 90 68 days after the filing of the petition to determine whether the 69 juvenile offender’s sentence should be reduced or suspended. 70 When determining whether the juvenile offender has been 71 sufficiently rehabilitated, the court shall consider: 72 1. The juvenile offender’s age, maturity, and psychological 73 development at the time of the offense or offenses. 74 2. Any physical, sexual, or emotional abuse of the juvenile 75 offender before the commission of the offense or offenses. 76 3. Any showing of insufficient adult support or supervision 77 of the juvenile offender before the offense or offenses. 78 4. Whether the juvenile offender was a principal or an 79 accomplice, was a relatively minor participant, or acted under 80 extreme duress or domination by another person. 81 5. The wishes of the victim or the opinions of the victim’s 82 next of kin. 83 6. The results of any available psychological evaluation 84 administered by a mental health professional as ordered by the 85 court before the sentencing hearing. 86 7. Any showing of sincere and sustained remorse by the 87 juvenile offender for the offense or offenses. 88 8. The juvenile offender’s behavior while in the custody of 89 the department including disciplinary reports. 90 9. Whether the juvenile offender has successfully completed 91 or participated in educational, technical, or vocational 92 programs and any available self-rehabilitation programs while in 93 the custody of the department. 94 10. Any showing by the juvenile offender of a post-release 95 plan including, but not limited to, contacts made with 96 transitional organizations, faith- and character-based 97 organizations, or other reentry service programs. 98 11. Any other factor relevant to the juvenile offender’s 99 rehabilitation while in the custody of the department. 100 (3) A juvenile offender whose sentence is not reduced or 101 suspended under this section may petition the court for a 102 subsequent sentencing hearing 7 years after the date of the 103 previous sentencing hearing and every 7 years thereafter. 104 (4) If the court determines that the petitioner’s sentence 105 should be reduced or suspended under this section, the juvenile 106 offender shall participate in any available reentry program for 107 2 years upon release. 108 (5) The court may appoint an attorney to represent the 109 juvenile offender at the sentencing hearing. 110 Section 3. This act shall take effect upon becoming a law.