Florida Senate - 2024 SB 930
By Senator Thompson
15-01305-24 2024930__
1 A bill to be entitled
2 An act relating to review of juvenile sentences;
3 amending s. 921.1402, F.S.; revising the definition of
4 the term “juvenile offender”; revising eligibility
5 requirements for review of sentences for offenses a
6 person committed while a juvenile; revising duties of
7 the Department of Corrections concerning such reviews;
8 revising procedures for initiating a review; providing
9 for appointment of counsel for indigent offenders;
10 providing requirements for hearings; requiring a
11 certain court to render a written ruling within a
12 specified period; requiring a certain court to
13 consider specified additional factors in reviewing a
14 sentence; requiring that concurrent and consecutive
15 sentences be treated as a single sentence; providing
16 legislative intent; requiring an annual report
17 concerning sentence reviews; providing requirements
18 for the report; providing for retroactive application;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 921.1402, Florida Statutes, is amended
24 to read:
25 921.1402 Review of sentences for persons convicted of
26 specified offenses committed while under the age of 18 years.—
27 (1) As used in For purposes of this section, the term
28 “juvenile offender” means a person sentenced to imprisonment in
29 the custody of the Department of Corrections for an offense
30 committed on or after July 1, 2014, and committed before he or
31 she attained 18 years of age.
32 (2)(a) A juvenile offender sentenced under s.
33 775.082(1)(b)1. is entitled to a review of his or her sentence
34 after 25 years. However, a juvenile offender sentenced under s.
35 775.082(1)(b)1. is not entitled to a review of his or her
36 sentence if he or she has previously been convicted of one of
37 the following offenses, or conspiracy to commit one of the
38 following offenses, if the offense for which the person was
39 previously convicted was part of a separate criminal transaction
40 or episode than that which resulted in the sentence under s.
41 775.082(1)(b)1.:
42 1. Murder;
43 2. Manslaughter;
44 3. Sexual battery;
45 4. Armed burglary;
46 5. Armed robbery;
47 6. Armed carjacking;
48 7. Home-invasion robbery;
49 8. Human trafficking for commercial sexual activity with a
50 child under 18 years of age;
51 9. False imprisonment under s. 787.02(3)(a); or
52 10. Kidnapping.
53 (b) A juvenile offender sentenced to a term of more than 25
54 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is
55 entitled to a review of his or her sentence after 25 years.
56 (c) A juvenile offender sentenced to a term of more than 15
57 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s.
58 775.082(3)(b)2.b. is entitled to a review of his or her sentence
59 after 10 15 years.
60 (d) A juvenile offender sentenced to a term of 20 years or
61 more under s. 775.082(3)(c) is entitled to a review of his or
62 her sentence after 10 20 years. If the juvenile offender is not
63 resentenced at the initial review hearing, he or she is eligible
64 for one subsequent review hearing 2 10 years after the initial
65 review hearing.
66 (3) The Department of Corrections shall do all of the
67 following:
68 (a) Notify a juvenile offender of his or her eligibility to
69 request a sentence review hearing 18 months before the juvenile
70 offender is entitled to a sentence review hearing under this
71 section.
72 (b) Include a juvenile offender’s time spent in county jail
73 before his or her custody in the Department of Corrections when
74 calculating the juvenile offender’s eligibility date for
75 sentence review.
76 (c) Update a juvenile offender’s classification records to
77 reflect the potential for early release.
78 (d) Ensure that a juvenile offender has access to
79 transitional programming, with the aim of reducing recidivism.
80 (4)(a) A juvenile offender seeking sentence review pursuant
81 to subsection (2) must submit an application under Rule 3.996,
82 Florida Rules of Criminal Procedure, to the court of original
83 jurisdiction requesting that a sentence review hearing be held.
84 The juvenile offender may submit the application at any time
85 following the notice under subsection (3), but not more than 18
86 months before the judicial review eligibility date.
87 (b) The juvenile offender must submit a new application to
88 the court of original jurisdiction to request subsequent
89 sentence review hearings pursuant to paragraph (2)(d). The
90 sentencing court shall retain original jurisdiction for the
91 duration of the sentence for this purpose.
92 (5)(a) A juvenile offender who is eligible for a sentence
93 review hearing under this section is entitled to be represented
94 by counsel, and the court shall appoint a public defender to
95 represent the juvenile offender if the juvenile offender cannot
96 afford an attorney. The juvenile offender may file a request for
97 appointment of counsel, if indigent, to prepare for the judicial
98 review at any time following the notice under subsection (3),
99 but not more than 18 months before the judicial review
100 eligibility date.
101 (b) At a hearing under this section, the juvenile offender
102 must be present unless he or she waives the right to be present
103 in writing. This requirement may be satisfied by the juvenile
104 offender appearing by video teleconference. The hearing must be
105 recorded and transcribed.
106 (6) Upon receiving an application from an eligible juvenile
107 offender, the court of original sentencing jurisdiction shall
108 hold a sentence review hearing within 120 days to determine
109 whether the juvenile offender’s sentence should be modified.
110 When determining if it is appropriate to modify the juvenile
111 offender’s sentence, the court shall consider any factor it
112 deems appropriate, including all of the following:
113 (a) Whether the juvenile offender demonstrates maturity and
114 rehabilitation and the current age of the juvenile offender.
115 (b) Whether the juvenile offender remains at the same level
116 of risk to society as he or she did at the time of the initial
117 sentencing.
118 (c) The opinion of the victim or the victim’s next of kin.
119 The absence of the victim or the victim’s next of kin from the
120 sentence review hearing may not be a factor in the determination
121 of the court under this section. The court shall permit the
122 victim or victim’s next of kin to be heard, in person, in
123 writing, or by electronic means. If the victim or the victim’s
124 next of kin chooses not to participate in the hearing, the court
125 may consider previous statements made by the victim or the
126 victim’s next of kin during the trial, initial sentencing phase,
127 or subsequent sentencing review hearings.
128 (d) Whether the juvenile offender was a relatively minor
129 participant in the criminal offense or acted under extreme
130 duress or the domination of another person.
131 (e) Whether the juvenile offender has shown sincere and
132 sustained remorse for the criminal offense.
133 (f) Whether the juvenile offender’s age, maturity, and
134 psychological development at the time of the offense affected
135 his or her behavior.
136 (g) Whether the juvenile offender has successfully obtained
137 a high school equivalency diploma or completed another
138 educational, technical, work, vocational, or self-rehabilitation
139 program, if such a program is available.
140 (h) Whether the juvenile offender was a victim of sexual,
141 physical, or emotional abuse before he or she committed the
142 offense.
143 (i) The results of any mental health assessment, risk
144 assessment, or evaluation of the juvenile offender as to
145 rehabilitation.
146 (j) The nature of the offense, including changing societal
147 attitudes regarding the propriety of criminalizing the offense
148 and the appropriate sentence for the offense.
149 (7) If the court determines at a sentence review hearing
150 that the juvenile offender has been rehabilitated and is
151 reasonably believed to be fit to reenter society, the court
152 shall modify the sentence and impose a term of probation of at
153 least 5 years, which can be terminated early for compliance with
154 probation guidelines pursuant to s. 948.04. If the court
155 determines that the juvenile offender has not demonstrated
156 rehabilitation or is not fit to reenter society, the court shall
157 issue a written order stating the reasons why the sentence is
158 not being modified.
159 (8) If the court does not render a ruling during the
160 judicial review hearing, the court shall have 90 days to issue a
161 written ruling on whether the court finds the juvenile offender
162 has been rehabilitated and is reasonably believed to be fit to
163 reenter society.
164 (9) Concurrent and consecutive sentences shall be treated
165 as a single sentence.
166 (10) It is the intent of the Legislature that:
167 (a) All persons sentenced for a crime committed while under
168 the age of 18 be entitled to periodic case reviews, ensuring
169 consistent consideration of their evolving circumstances and the
170 chance to show maturity and rehabilitation before their sentence
171 ends. The Legislature emphasizes that juvenile sentencing should
172 align with the lowest permissible punishment as detailed in Rule
173 3.992, Florida Rules of Criminal Procedure, Criminal Punishment
174 Code scoresheet, reflecting the distinct nature of juvenile
175 offenses and the potential for rehabilitation of juvenile
176 offenders.
177 (b) Juvenile offenders serving lengthy sentences, with
178 judicial review hearings on the horizon, be provided with
179 transitional programming by the Department of Corrections.
180 (11)(a) By July 1, 2025, and annually thereafter, the State
181 Courts Administrator shall submit to the President of the Senate
182 and the Speaker of the House of Representatives a report on
183 requests for sentence reductions under this section and make the
184 report available to the public.
185 (b) Each report must include, for the 1-year period
186 preceding the report:
187 1. The number of incarcerated juveniles granted and denied
188 sentence reductions under this section.
189 2. The number of incarcerated juveniles released from
190 prison under this section.
191 3. The demographic characteristics of the incarcerated
192 juveniles, including race and gender, and the location,
193 categorized by judicial circuit and county, of:
194 a. Those who applied for sentence reductions under this
195 section.
196 b. Those granted sentence reductions under this section.
197 c. Those released from prison under this section.
198 d. Those denied release from prison under this section.
199 e. The initial sentencing term, including any prior
200 resentencing proceedings, of each incarcerated juvenile in
201 subparagraphs 1. and 2.
202 f. The applicable Criminal Punishment Code scoresheet total
203 and mandatory minimums imposed on each incarcerated juvenile in
204 subparagraphs 1. and 2.
205 Section 2. This act shall apply retroactively to all
206 persons serving a sentence for offenses committed while under
207 the age of 18.
208 Section 3. This act shall take effect July 1, 2024.