Florida Senate - 2018                                    SB 1542
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01401-18                                           20181542__
    1                        A bill to be entitled                      
    2         An act relating to youthful offenders; creating s.
    3         944.805, F.S.; requiring the Department of Corrections
    4         to submit an annual report to the Legislature by a
    5         specified date which contains specified information
    6         regarding prisoners of certain ages who are in the
    7         custody of the department; defining the term “state
    8         correctional facility”; amending s. 958.04, F.S.;
    9         revising the criteria allowing a court to sentence as
   10         a youthful offender a person who is found guilty of,
   11         or who pled nolo contendere or guilty to, committing a
   12         felony before the person turned 21 years of age;
   13         reenacting ss. 958.03(5), 958.045(8)(a), and
   14         985.565(4)(c), F.S., relating to the definition of
   15         “youthful offender,” the youthful offender basic
   16         training program, and classification as a youth
   17         offender, respectively, to incorporate the amendment
   18         made to s. 958.04, F.S., in references thereto;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 944.805, Florida Statutes, is created to
   24  read:
   25         944.805Youthful offenders; annual report.—
   26         (1)For the purpose of providing information to the
   27  Legislature on youthful offenders who are 18 to 22 years of age
   28  and within the correctional system, the department shall submit
   29  a report to the President of the Senate and the Speaker of the
   30  House of Representatives by December 31 of each year. The report
   31  must provide all of the following information regarding
   32  prisoners in the custody of the department who are 18 to 22
   33  years of age:
   34         (a)The number of prisoners who are in the custody of the
   35  department and the security classification at which each of
   36  these prisoners is housed.
   37         (b)The number of prisoners housed at each state
   38  correctional facility.
   39         (c)The number, if any, of prisoners who have been moved
   40  from one state correctional facility to another in a manner that
   41  interrupted the prisoner’s educational, vocational, treatment,
   42  or other self-betterment programming.
   43         (d)The number of prisoners who have completed educational,
   44  vocational, treatment, or any other self-betterment programming
   45  and what specific programming was completed by the prisoners.
   46         (2)As used in this section, the term “state correctional
   47  facility” has the same meaning as defined in s. 944.115(2)(c).
   48         Section 2. Subsection (1) of section 958.04, Florida
   49  Statutes, is amended to read:
   50         958.04 Judicial disposition of youthful offenders.—
   51         (1) The court may sentence as a youthful offender any
   52  person:
   53         (a) Who is at least 18 years of age or who has been
   54  transferred for prosecution to the criminal division of the
   55  circuit court pursuant to chapter 985;
   56         (b) Who is found guilty of or who has tendered, and the
   57  court has accepted, a plea of nolo contendere or guilty to a
   58  crime that is, under the laws of this state, a felony if such
   59  crime was committed before the defendant turned 21 years of age
   60  the offender is younger than 21 years of age at the time
   61  sentence is imposed; and
   62         (c) Who has not previously been classified as a youthful
   63  offender under the provisions of this act; however, a person who
   64  has been found guilty of a capital or life felony may not be
   65  sentenced as a youthful offender under this act.
   66         Section 3. For the purpose of incorporating the amendment
   67  made by this act to section 958.04, Florida Statutes, in a
   68  reference thereto, subsection (5) of section 958.03, Florida
   69  Statutes, is reenacted to read:
   70         958.03 Definitions.—As used in this act:
   71         (5) “Youthful offender” means any person who is sentenced
   72  as such by the court or is classified as such by the department
   73  pursuant to s. 958.04.
   74         Section 4. For the purpose of incorporating the amendment
   75  made by this act to section 958.04, Florida Statutes, in a
   76  reference thereto, paragraph (a) of subsection (8) of section
   77  958.045, Florida Statutes, is reenacted to read:
   78         958.045 Youthful offender basic training program.—
   79         (8)(a) The Assistant Secretary for Youthful Offenders shall
   80  continuously screen all institutions, facilities, and programs
   81  for any inmate who meets the eligibility requirements for
   82  youthful offender designation specified in s. 958.04, whose age
   83  does not exceed 24 years. The department may classify and assign
   84  as a youthful offender any inmate who meets the criteria of s.
   85  958.04.
   86         Section 5. For the purpose of incorporating the amendment
   87  made by this act to section 958.04, Florida Statutes, in a
   88  reference thereto, paragraph (c) of subsection (4) of section
   89  985.565, Florida Statutes, is reenacted to read:
   90         985.565 Sentencing powers; procedures; alternatives for
   91  juveniles prosecuted as adults.—
   92         (4) SENTENCING ALTERNATIVES.—
   93         (c) Adult sanctions upon failure of juvenile sanctions.—If
   94  a child proves not to be suitable to a commitment program,
   95  juvenile probation program, or treatment program under paragraph
   96  (b), the department shall provide the sentencing court with a
   97  written report outlining the basis for its objections to the
   98  juvenile sanction and shall simultaneously provide a copy of the
   99  report to the state attorney and the defense counsel. The
  100  department shall schedule a hearing within 30 days. Upon
  101  hearing, the court may revoke the previous adjudication, impose
  102  an adjudication of guilt, and impose any sentence which it may
  103  lawfully impose, giving credit for all time spent by the child
  104  in the department. The court may also classify the child as a
  105  youthful offender under s. 958.04, if appropriate. For purposes
  106  of this paragraph, a child may be found not suitable to a
  107  commitment program, community control program, or treatment
  108  program under paragraph (b) if the child commits a new violation
  109  of law while under juvenile sanctions, if the child commits any
  110  other violation of the conditions of juvenile sanctions, or if
  111  the child’s actions are otherwise determined by the court to
  112  demonstrate a failure of juvenile sanctions.
  113  
  114  It is the intent of the Legislature that the criteria and
  115  guidelines in this subsection are mandatory and that a
  116  determination of disposition under this subsection is subject to
  117  the right of the child to appellate review under s. 985.534.
  118         Section 6. This act shall take effect October 1, 2018.