Florida Senate - 2013 SB 1186 By Senator Joyner 19-00007-13 20131186__ 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 defining terms; providing that a juvenile offender who 5 was 17 years of age or younger at the time of 6 committing a nonhomicide offense and who was sentenced 7 to 10 or more years of imprisonment may be eligible 8 for a reduced or suspended sentence; setting forth the 9 eligibility criteria for the court to reduce or 10 suspend a sentence; authorizing the juvenile offender 11 to petition for subsequent sentencing hearings if the 12 court does not reduce or suspend the juvenile 13 offender’s sentence; requiring that the juvenile 14 offender participate in any available reentry program 15 for a specified period following release; authorizing 16 the court to appoint an attorney to represent the 17 juvenile offender; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. (1) This section may be cited as the “Second 22 Chance for Children Act.” 23 (2) As used in this section, the term: 24 (a) “Department” means the Department of Corrections. 25 (b) “Juvenile offender” means an offender who was sentenced 26 to a single or cumulative term of imprisonment of 10 or more 27 years for one or more nonhomicide offenses committed while he or 28 she was 17 years of age or younger. 29 (c) “Nonhomicide offense” means an offense that did not 30 result in the death of a human being. 31 (d) “Reentry program” means a program that promotes 32 effective reintegration of a juvenile offender back into the 33 community upon release and provides one or more of the following 34 activities: 35 1. Vocational training; 36 2. Placement services; 37 3. Transitional housing; 38 4. Mentoring; or 39 5. Drug rehabilitation. 40 (3) Notwithstanding any other law, a juvenile offender may 41 petition the court pursuant to this section to reduce or suspend 42 the sentence for a nonhomicide offense. The petition shall be 43 filed in the court that initially sentenced the juvenile 44 offender. 45 (4)(a) A juvenile offender may petition the court to reduce 46 or suspend a sentence that was imposed: 47 1. For a nonhomicide offense after the juvenile offender 48 has served at least 5 years of the sentence. 49 2. For committing or attempting to commit the offense of 50 sexual battery after the juvenile offender has served at least 51 20 years of the imposed sentence. 52 (b) In order to be eligible for a reduced or suspended 53 sentence, the petition must allege that the juvenile offender 54 has: 55 1. Successfully completed the general education development 56 (GED) program if he or she does not have a high school diploma, 57 unless this requirement has been waived because of the juvenile 58 offender’s disability as shown by the juvenile offender’s 59 previous individual education plan, section 504 accommodation 60 plan under s. 504 of the federal Rehabilitation Act of 1973, or 61 a psychological evaluation; and 62 2. Not received any disciplinary report issued by the 63 department for a period of at least 3 years immediately before 64 filing the petition. 65 (c) The court shall schedule a sentencing hearing within 90 66 days after the petition is filed in order to determine whether 67 the juvenile offender has been sufficiently rehabilitated so as 68 to reduce or suspend the sentence. When determining whether the 69 juvenile offender has been sufficiently rehabilitated, the court 70 shall consider: 71 1. The juvenile offender’s age, maturity, and psychological 72 development at the time of the offense. 73 2. Any physical, sexual, or emotional abuse of the juvenile 74 offender before the commission of the offense. 75 3. Any showing of insufficient adult support or supervision 76 of the juvenile offender before the offense. 77 4. Whether the juvenile offender was a principal or an 78 accomplice, was a relatively minor participant, or acted under 79 extreme duress or domination by another person. 80 5. The wishes of the victim or the opinions of the victim’s 81 next of kin. 82 6. The results of any available psychological evaluation 83 administered by a mental health professional as ordered by the 84 court before the sentencing hearing. 85 7. Any showing of sincere and sustained remorse by the 86 juvenile offender for the offense. 87 8. The juvenile offender’s behavior while in the custody of 88 the department, including disciplinary reports. 89 9. Whether the juvenile offender has successfully completed 90 or participated in educational, technical, or other reentry 91 programs and any available self-rehabilitation programs while in 92 the custody of the department. 93 10. Any showing by the juvenile offender of a postrelease 94 plan, including, but not limited to, contacts made with 95 transitional organizations, faith- and character-based 96 organizations, or other reentry service programs. 97 11. Any other factor relevant to the juvenile offender’s 98 rehabilitation while in the custody of the department. 99 (5) A juvenile offender whose sentence is not reduced or 100 suspended pursuant to this section may petition the court for a 101 subsequent sentencing hearing 7 years after the date of the 102 previous sentencing hearing and every 7 years thereafter. 103 (6) If the court determines that the petitioner’s sentence 104 should be reduced or suspended under this section, the juvenile 105 offender shall participate in any available reentry program for 106 2 years following release. 107 (7) The court may appoint an attorney to represent the 108 juvenile offender at the sentencing hearing. 109 Section 2. This act shall take effect October 1, 2013.