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.