Florida Senate - 2019                                     SB 782
       By Senator Simmons
       9-00969-19                                             2019782__
    1                        A bill to be entitled                      
    2         An act relating to youthful offenders; amending s.
    3         958.04, F.S.; revising the criteria allowing a court
    4         to sentence as a youthful offender a person who is
    5         found guilty of, or who pled nolo contendere or guilty
    6         to, committing a felony before the person turned 21
    7         years of age; reenacting ss. 958.03(5), 958.045(8)(a),
    8         and 985.565(4)(c), F.S., relating to the definition of
    9         the term “youthful offender,” the youthful offender
   10         basic training program, and classification as a youth
   11         offender, respectively, to incorporate the amendment
   12         made to s. 958.04, F.S., in references thereto;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (1) of section 958.04, Florida
   18  Statutes, is amended to read:
   19         958.04 Judicial disposition of youthful offenders.—
   20         (1) The court may sentence as a youthful offender any
   21  person:
   22         (a) Who is at least 18 years of age or who has been
   23  transferred for prosecution to the criminal division of the
   24  circuit court pursuant to chapter 985;
   25         (b) Who is found guilty of or who has tendered, and the
   26  court has accepted, a plea of nolo contendere or guilty to a
   27  crime that is, under the laws of this state, a felony if such
   28  crime was committed before the defendant turned 21 years of age
   29  the offender is younger than 21 years of age at the time
   30  sentence is imposed; and
   31         (c) Who has not previously been classified as a youthful
   32  offender under the provisions of this act; however, a person who
   33  has been found guilty of a capital or life felony may not be
   34  sentenced as a youthful offender under this act.
   35         Section 2. For the purpose of incorporating the amendment
   36  made by this act to section 958.04, Florida Statutes, in a
   37  reference thereto, subsection (5) of section 958.03, Florida
   38  Statutes, is reenacted to read:
   39         958.03 Definitions.—As used in this act:
   40         (5) “Youthful offender” means any person who is sentenced
   41  as such by the court or is classified as such by the department
   42  pursuant to s. 958.04.
   43         Section 3. For the purpose of incorporating the amendment
   44  made by this act to section 958.04, Florida Statutes, in a
   45  reference thereto, paragraph (a) of subsection (8) of section
   46  958.045, Florida Statutes, is reenacted to read:
   47         958.045 Youthful offender basic training program.—
   48         (8)(a) The Assistant Secretary for Youthful Offenders shall
   49  continuously screen all institutions, facilities, and programs
   50  for any inmate who meets the eligibility requirements for
   51  youthful offender designation specified in s. 958.04, whose age
   52  does not exceed 24 years. The department may classify and assign
   53  as a youthful offender any inmate who meets the criteria of s.
   54  958.04.
   55         Section 4. For the purpose of incorporating the amendment
   56  made by this act to section 958.04, Florida Statutes, in a
   57  reference thereto, paragraph (c) of subsection (4) of section
   58  985.565, Florida Statutes, is reenacted to read:
   59         985.565 Sentencing powers; procedures; alternatives for
   60  juveniles prosecuted as adults.—
   62         (c) Adult sanctions upon failure of juvenile sanctions.—If
   63  a child proves not to be suitable to a commitment program,
   64  juvenile probation program, or treatment program under paragraph
   65  (b), the department shall provide the sentencing court with a
   66  written report outlining the basis for its objections to the
   67  juvenile sanction and shall simultaneously provide a copy of the
   68  report to the state attorney and the defense counsel. The
   69  department shall schedule a hearing within 30 days. Upon
   70  hearing, the court may revoke the previous adjudication, impose
   71  an adjudication of guilt, and impose any sentence which it may
   72  lawfully impose, giving credit for all time spent by the child
   73  in the department. The court may also classify the child as a
   74  youthful offender under s. 958.04, if appropriate. For purposes
   75  of this paragraph, a child may be found not suitable to a
   76  commitment program, community control program, or treatment
   77  program under paragraph (b) if the child commits a new violation
   78  of law while under juvenile sanctions, if the child commits any
   79  other violation of the conditions of juvenile sanctions, or if
   80  the child’s actions are otherwise determined by the court to
   81  demonstrate a failure of juvenile sanctions.
   83  It is the intent of the Legislature that the criteria and
   84  guidelines in this subsection are mandatory and that a
   85  determination of disposition under this subsection is subject to
   86  the right of the child to appellate review under s. 985.534.
   87         Section 5. This act shall take effect July 1, 2019.