Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for SB 1350
                                Barcode 638138                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/29/2013 01:52 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 126 and 127
    4  insert:
    5         Section 2. A person who is sentenced under this section for
    6  a crime he or she committed when he or she was under the age of
    7  18 is entitled to a review of his or her sentence as follows:
    8         (1)A person sentenced to life in prison without parole,
    9  life in prison, or a term of years 50 years or greater shall
   10  have his or her sentence reviewed after 25 years. The sentencing
   11  court shall retain original jurisdiction for the duration of the
   12  sentence for this purpose. The Department of Corrections shall
   13  notify juvenile offenders who are committed to the department of
   14  their eligibility to participate in a resentencing hearing 18
   15  months prior to the beginning of their 25th year of
   16  incarceration. The juvenile offender may apply to the court of
   17  original jurisdiction requesting that a resentencing hearing be
   18  held.
   19         (a)An offender is entitled to be represented by counsel,
   20  and the court shall appoint a public defender to represent the
   21  offender if the offender cannot afford an attorney.
   22         (b)The court shall hold a resentencing hearing to
   23  determine whether the offender’s sentence should be modified.
   24  The resentencing court shall consider all of the following:
   25         1.Whether the offender demonstrates maturity and
   26  rehabilitation.
   27         2.Whether the offender remains at the same level of risk
   28  to society as he or she did at the time of the initial
   29  sentencing.
   30         3.The opinion of the victim or the victim’s next of kin.
   31  The absence of the victim or the victim’s next of kin from the
   32  resentencing hearing may not be a factor in the court’s
   33  determination under this section. If the victim or the victim’s
   34  next of kin chooses not to participate in the hearing, the court
   35  may consider previous statements made by the victim or the
   36  victim’s next of kin during the trial or initial sentencing
   37  phase.
   38         4.Whether the offender was a relatively minor participant
   39  in the criminal offense or acted under extreme duress or the
   40  domination of another person.
   41         5.Whether the offender has shown sincere and sustained
   42  remorse for the criminal offense.
   43         6.Whether the offender’s age, maturity, and psychological
   44  development at the time of the offense affected his or her
   45  behavior.
   46         7.Whether the offender has successfully obtained a general
   47  educational development certificate or completed another
   48  educational, technical, work, vocational, or self-rehabilitation
   49  program, if such a program is available.
   50         8.Whether the offender was a victim of sexual, physical,
   51  or emotional abuse before he or she committed the offense.
   52         9.The results of any mental health assessment, risk
   53  assessment, or evaluation of the offender as to rehabilitation.
   54         (c)If the court determines at the resentencing hearing
   55  that the offender has been rehabilitated and is reasonably
   56  believed to be fit to reenter society based on these factors, a
   57  term of probation of at least 5 years shall be imposed. If the
   58  court determines that the offender has not demonstrated
   59  rehabilitation and is not fit to reenter society based on these
   60  factors, the court shall issue an order in writing stating the
   61  reasons the sentence is not being modified.
   62         (d)An offender who is not resentenced under this
   63  subsection at the initial resentencing is eligible for up to
   64  three additional sentencing reviews. A minimum of 5 years must
   65  pass before the individual is eligible for the sentencing
   66  review. An offender sentenced to a term of years less than life
   67  may not petition the court for a review of his or her sentence
   68  if he or she is in the last 5 years of his or her sentence.
   69         (2)If the person convicted is sentenced to a term of years
   70  greater than 25 years but less than 50 years, the person shall
   71  be entitled to a single review hearing at the midpoint of his or
   72  her sentence. The person shall be subject to the resentencing
   73  guidelines set forth in paragraph (b). If the judge at the
   74  resentencing hearing determines that the original sentence is
   75  appropriate, no other reviews shall be granted.
   76         (3)This section is retroactive to the extent necessary to
   77  comply with the ruling of the United State Supreme Court in
   78  Miller v. Alabama, 567 U.S. ______, No. 10-9646 (2012) and
   79  Graham v. Florida, 560 U.S. ______, No. 08-7412 (2010).
   81  ================= T I T L E  A M E N D M E N T ================
   82         And the title is amended as follows:
   83         Delete line 7
   84  and insert:
   85         imprisonment is an appropriate sentence; providing for
   86         review of certain sentences of offenders who were
   87         under the age of 18 at the time of the offense;
   88         providing requirements and procedures for such
   89         reviews; providing an