Florida Senate - 2019 SB 834 By Senator Bracy 11-01121-19 2019834__ 1 A bill to be entitled 2 An act relating to a presentencing consideration; 3 creating s. 921.245, F.S.; defining the terms 4 “dependent child” and “primary caretaker”; authorizing 5 a defendant who is found guilty of committing a 6 nonviolent offense to request a sentencing court to 7 withhold sentencing until after making a certain 8 determination; requiring the court to make certain 9 written findings if the defendant makes such a motion, 10 which must meet specified requirements; prohibiting 11 the court from imposing a sentence of incarceration 12 without making such findings; authorizing the court to 13 impose a nonincarcerative sentence with specified 14 conditions, in writing; authorizing a court to require 15 the defendant to appear in court after reasonable 16 notice to evaluate the defendant’s progress; 17 authorizing the court to revise the sentence during 18 the appearance; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 921.245, Florida Statutes, is created to 23 read: 24 921.245 Presentencing consideration for primary caretaker 25 of dependent child.— 26 (1) As used in this section, the term: 27 (a) “Dependent child” means a child who is younger than 18 28 years of age. 29 (b) “Primary caretaker” means a parent, a guardian, or an 30 individual who has assumed responsibility for a dependent 31 child’s housing, health, financial support, education, family 32 ties, and safety; or a woman who has given birth to a child 33 after, or while awaiting, her sentencing hearing and who 34 expresses a willingness to assume responsibility for that 35 dependent child’s housing, health, and safety. The term includes 36 a parent who, in the best interests of the dependent child, has 37 arranged for the temporary care of the child in the home of a 38 relative or other responsible adult. 39 (2) Notwithstanding any other law, a defendant who is found 40 guilty of committing a nonviolent offense may request that a 41 sentencing court impose a sentence only after determining 42 whether the defendant is a primary caretaker of a dependent 43 child. If a defendant moves for such determination, by written 44 motion supported by an affidavit, the court must make written 45 findings concerning the defendant being a primary caretaker and 46 the availability of appropriate individually assessed 47 nonincarcerative sentence alternatives. The court may not impose 48 a sentence of incarceration without first making such written 49 findings. If the court determines that the defendant is a 50 primary caretaker of a dependent child and identifies an 51 available, appropriate nonincarcerative sentence, it may impose 52 the nonincarcerative sentence with conditions, which must be in 53 writing and must emphasize community rehabilitation and parent 54 child unity and support. Such conditions may include, but need 55 not be limited to, the defendant’s receipt of any of the 56 following treatments or services: 57 (a) Drug and alcohol treatment. 58 (b) Domestic violence prevention education. 59 (c) Physical or sexual abuse counseling. 60 (d) Anger management treatment. 61 (e) Vocational or educational services. 62 (f) Job training and job placement services. 63 (g) Affordable and safe housing assistance. 64 (h) Financial literacy education. 65 (i) Parenting classes. 66 (j) Family and individual counseling. 67 (k) Family case management services. 68 (3)(a) The court may require any person serving an 69 individually assessed sentence pursuant to this section to 70 appear in court after reasonable notice at any time during his 71 or her serving of that sentence to evaluate the person’s 72 progress in treatment or rehabilitation, or to determine if the 73 person has violated any condition of the sentence. 74 (b) During an appearance in court made pursuant to 75 paragraph (a), the court may: 76 1. Modify the conditions of a sentence imposed pursuant to 77 this section; 78 2. Decrease the duration of a sentence imposed pursuant to 79 this section based on the person’s successful advancement; or 80 3. Sanction the person for each detected violation of any 81 condition of the sentence imposed pursuant to this section, 82 including, but not limited to, requiring the person to serve a 83 term of imprisonment within the range of sentencing for the 84 offense for which the person was originally convicted, 85 notwithstanding the determination made pursuant to the 86 subsection (2) that the person is a primary caretaker of a 87 dependent child. 88 Section 2. This act shall take effect July 1, 2019.