Florida Senate - 2020                             CS for SB 1308
       
       
        
       By the Committee on Criminal Justice; and Senators Brandes and
       Bracy
       
       
       
       
       591-03084-20                                          20201308c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; providing a short
    3         title; amending s. 775.082, F.S.; authorizing the
    4         resentencing and release of certain persons who are
    5         eligible for sentence review under specified
    6         provisions; reenacting and amending s. 921.1402, F.S.;
    7         revising the circumstances under which a juvenile
    8         offender is not entitled to a review of his or her
    9         sentence after a specified timeframe; creating s.
   10         921.14021, F.S.; providing legislative intent;
   11         providing for retroactive application of a specified
   12         provision relating to a review of sentence for
   13         juvenile offenders convicted of murder; providing for
   14         immediate review of certain sentences; creating s.
   15         921.1403, F.S.; defining the term “young adult
   16         offender”; precluding eligibility for a sentence
   17         review for young adult offenders who previously
   18         committed, or conspired to commit, murder; providing
   19         timeframes within which young adult offenders who
   20         commit specified crimes are entitled to a review of
   21         their sentences; providing applicability; requiring
   22         the Department of Corrections to notify young adult
   23         offenders in writing of their eligibility for sentence
   24         review within certain timeframes; requiring a young
   25         adult offender seeking a sentence review or a
   26         subsequent sentence review to submit an application to
   27         the original sentencing court and request a hearing;
   28         providing for legal representation of eligible young
   29         adult offenders; providing for one subsequent review
   30         hearing for the young adult offender after a certain
   31         timeframe if he or she is not resentenced at the
   32         initial sentence review hearing; requiring the
   33         original sentencing court to hold a sentence review
   34         hearing upon receiving an application from an eligible
   35         young adult offender; requiring the court to consider
   36         certain factors in determining whether to modify the
   37         young adult offender’s sentence; authorizing a court
   38         to modify the sentence of certain young adult
   39         offenders if the court makes certain determinations;
   40         requiring the court to issue a written order stating
   41         certain information in specified circumstances;
   42         providing for retroactive application; amending s.
   43         944.705, F.S.; requiring the department to provide
   44         inmates with certain information upon their release;
   45         creating s. 951.30, F.S.; requiring that
   46         administrators of county detention facilities provide
   47         inmates with certain information upon their release;
   48         amending s. 1009.21, F.S.; providing that a specified
   49         period of time spent in a county detention facility or
   50         state correctional facility counts toward the 12-month
   51         residency requirement for tuition purposes; requiring
   52         the Office of Program Policy and Governmental
   53         Accountability (OPPAGA) to conduct a study to evaluate
   54         the various opportunities available to persons
   55         returning to the community from imprisonment;
   56         providing study requirements; requiring OPPAGA to
   57         submit a report to the Governor and the Legislature by
   58         a specified date; providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. This act may be cited as “The Second Look Act.”
   63         Section 2. Paragraph (b) of subsection (9) of section
   64  775.082, Florida Statutes, is amended to read:
   65         775.082 Penalties; applicability of sentencing structures;
   66  mandatory minimum sentences for certain reoffenders previously
   67  released from prison.—
   68         (9)
   69         (b)1.Except as provided in subparagraph 2., a person
   70  sentenced under paragraph (a) shall be released only by
   71  expiration of sentence and shall not be eligible for parole,
   72  control release, or any form of early release. Any person
   73  sentenced under paragraph (a) must serve 100 percent of the
   74  court-imposed sentence.
   75         2.A juvenile or young adult offender who is eligible for
   76  review of his or her sentence under s. 921.1402 or s. 921.1403,
   77  respectively, may be resentenced and released from imprisonment
   78  if a court deems the resentencing appropriate in accordance with
   79  the review requirements under such sections.
   80         Section 3. Paragraph (a) of subsection (2) of section
   81  921.1402, Florida Statutes, is amended, and subsection (4) of
   82  that section is reenacted, to read:
   83         921.1402 Review of sentences for persons convicted of
   84  specified offenses committed while under the age of 18 years.—
   85         (2)(a) A juvenile offender sentenced under s.
   86  775.082(1)(b)1. is entitled to a review of his or her sentence
   87  after 25 years. However, a juvenile offender is not entitled to
   88  review if he or she has previously been convicted of committing
   89  one of the following offenses, or of conspiracy to commit one of
   90  the following offenses, murder if the murder offense for which
   91  the person was previously convicted was part of a separate
   92  criminal transaction or episode than the murder that which
   93  resulted in the sentence under s. 775.082(1)(b)1.:
   94         1. Murder;
   95         2. Manslaughter;
   96         3. Sexual battery;
   97         4. Armed burglary;
   98         5. Armed robbery;
   99         6. Armed carjacking;
  100         7. Home-invasion robbery;
  101         8. Human trafficking for commercial sexual activity with a
  102  child under 18 years of age;
  103         9. False imprisonment under s. 787.02(3)(a); or
  104         10. Kidnapping.
  105         (4) A juvenile offender seeking sentence review pursuant to
  106  subsection (2) must submit an application to the court of
  107  original jurisdiction requesting that a sentence review hearing
  108  be held. The juvenile offender must submit a new application to
  109  the court of original jurisdiction to request subsequent
  110  sentence review hearings pursuant to paragraph (2)(d). The
  111  sentencing court shall retain original jurisdiction for the
  112  duration of the sentence for this purpose.
  113         Section 4. Section 921.14021, Florida Statutes, is created
  114  to read:
  115         921.14021 Retroactive application relating to s. 921.1402;
  116  legislative intent; review of sentence.—
  117         (1) It is the intent of the Legislature to retroactively
  118  apply the amendments made to s. 921.1402 which are effective on
  119  July 1, 2020, only as provided in this section, to juvenile
  120  offenders convicted of a capital offense and sentenced under s.
  121  775.082(1)(b)1. who have been ineligible for sentence review
  122  hearings because of a previous conviction of an offense
  123  enumerated in s. 921.1402(2)(a) thereby providing such juvenile
  124  offenders with an opportunity for consideration by a court and
  125  an opportunity for release if deemed appropriate under law.
  126         (2) A juvenile offender, as defined in s. 921.1402, who was
  127  convicted for a capital offense and sentenced under s.
  128  775.082(1)(b)1., and who was ineligible for a sentence review
  129  hearing pursuant to s. 921.1402(2)(a)2.-10. as it existed before
  130  July 1, 2020, is entitled to a review of his or her sentence
  131  after 25 years or, if on July 1, 2020, 25 years have already
  132  passed since the sentencing, immediately.
  133         Section 5. Section 921.1403, Florida Statutes, is created
  134  to read:
  135         921.1403Review of sentences for persons convicted of
  136  specified offenses committed while under 25 years of age.—
  137         (1) As used in this section, the term “young adult
  138  offender” means a person who committed an offense before he or
  139  she reached 25 years of age and for which he or she is sentenced
  140  to a term of years in the custody of the Department of
  141  Corrections, regardless of the date of sentencing.
  142         (2)A young adult offender is not entitled to a sentence
  143  review under this section if he or she has previously been
  144  convicted of committing, or of conspiring to commit, murder if
  145  the murder offense for which the person was previously convicted
  146  was part of a separate criminal transaction or episode than that
  147  which resulted in the sentence under s. 775.082(3)(a)1., 2., 3.,
  148  4., or 6., or (b)1.
  149         (3)(a)1.A young adult offender who is convicted of an
  150  offense that is a life felony, that is punishable by a term of
  151  years not exceeding life imprisonment, or that was reclassified
  152  as a life felony, which was committed after the person attained
  153  18 years of age and who is sentenced to a term of more than 20
  154  years under s. 775.082(3)(a)1., 2., 3., 4., or 6., is entitled
  155  to a review of his or her sentence after 20 years.
  156         2. This paragraph does not apply to a person who is
  157  eligible for sentencing under s. 775.082(3)(a)5.
  158         (b)A young adult offender who is convicted of an offense
  159  that is a felony of the first degree or that was reclassified as
  160  a felony of the first degree and who is sentenced to a term of
  161  more than 15 years under s. 775.082(3)(b)1. is entitled to a
  162  review of his or her sentence after 15 years.
  163         (4) The Department of Corrections must notify a young adult
  164  offender in writing of his or her eligibility to request a
  165  sentence review hearing 18 months before the young adult
  166  offender is entitled to a sentence review hearing or notify him
  167  or her immediately in writing if the offender is eligible as of
  168  July 1, 2020.
  169         (5) A young adult offender seeking a sentence review under
  170  this section must submit an application to the original
  171  sentencing court requesting that the court hold a sentence
  172  review hearing. The young adult offender seeking a subsequent
  173  sentence review hearing must submit a new application to the
  174  original sentencing court to request a subsequent sentence
  175  review hearing pursuant to subsection (7). The original
  176  sentencing court retains jurisdiction for the duration of the
  177  sentence for this purpose.
  178         (6) A young adult offender who is eligible for a sentence
  179  review hearing under this section is entitled to be represented
  180  by an attorney, and the court must appoint a public defender to
  181  represent the young adult offender if he or she cannot afford an
  182  attorney.
  183         (7)(a) If the young adult offender seeking sentence review
  184  under paragraph (3)(a) is not resentenced at the initial
  185  sentence review hearing, he or she is eligible for one
  186  subsequent review hearing 5 years after the initial review
  187  hearing.
  188         (b) If the young adult offender seeking sentence review
  189  under paragraph (3)(b) is not resentenced at the initial
  190  sentence review hearing, he or she is eligible for one
  191  subsequent review hearing 5 years after the initial review
  192  hearing.
  193         (8) Upon receiving an application from an eligible young
  194  adult offender, the original sentencing court must hold a
  195  sentence review hearing to determine whether to modify the young
  196  adult offender’s sentence. When determining if it is appropriate
  197  to modify the young adult offender’s sentence, the court must
  198  consider any factor it deems appropriate, including, but not
  199  limited to, any of the following:
  200         (a) Whether the young adult offender demonstrates maturity
  201  and rehabilitation.
  202         (b) Whether the young adult offender remains at the same
  203  level of risk to society as he or she did at the time of the
  204  initial sentencing.
  205         (c) The opinion of the victim or the victim’s next of kin.
  206  The absence of the victim or the victim’s next of kin from the
  207  sentence review hearing may not be a factor in the determination
  208  of the court under this section. The court must allow the victim
  209  or victim’s next of kin to be heard in person, in writing, or by
  210  electronic means. If the victim or the victim’s next of kin
  211  chooses not to participate in the hearing, the court may
  212  consider previous statements made by the victim or the victim’s
  213  next of kin during the trial, initial sentencing phase, or
  214  previous sentencing review hearings.
  215         (d) Whether the young adult offender was a relatively minor
  216  participant in the criminal offense or whether he or she acted
  217  under extreme duress or under the domination of another person.
  218         (e) Whether the young adult offender has shown sincere and
  219  sustained remorse for the criminal offense.
  220         (f) Whether the young adult offender’s age, maturity, or
  221  psychological development at the time of the offense affected
  222  his or her behavior.
  223         (g) Whether the young adult offender has successfully
  224  obtained a high school equivalency diploma or completed another
  225  educational, technical, work, vocational, or self-rehabilitation
  226  program, if such a program is available.
  227         (h) Whether the young adult offender was a victim of
  228  sexual, physical, or emotional abuse before he or she committed
  229  the offense.
  230         (i) The results of any mental health assessment, risk
  231  assessment, or evaluation of the young adult offender as to
  232  rehabilitation.
  233         (9)(a) If the court determines at a sentence review hearing
  234  that the young adult offender who is seeking sentence review
  235  under paragraph (3)(a) has been rehabilitated and is reasonably
  236  believed to be fit to reenter society, the court may modify the
  237  sentence and impose a term of probation of at least 5 years.
  238         (b) If the court determines at a sentence review hearing
  239  that the young adult offender who is seeking sentence review
  240  under paragraph (3)(b) has been rehabilitated and is reasonably
  241  believed to be fit to reenter society, the court may modify the
  242  sentence and impose a term of probation of at least 3 years.
  243         (c) If the court determines that the young adult offender
  244  seeking sentence review under paragraph (3)(a) or (3)(b) has not
  245  demonstrated rehabilitation or is not fit to reenter society,
  246  the court must issue a written order stating the reasons why the
  247  sentence is not being modified.
  248         (10)This section applies retroactively to a young adult
  249  offender eligible under this section.
  250         Section 6. Paragraph (a) of subsection (7) of section
  251  944.705, Florida Statutes, is amended to read:
  252         944.705 Release orientation program.—
  253         (7)(a) The department shall notify every inmate in the
  254  inmate’s release documents:
  255         1. Of all outstanding terms of the inmate’s sentence at the
  256  time of release to assist the inmate in determining his or her
  257  status with regard to the completion of all terms of sentence,
  258  as that term is defined in s. 98.0751. This subparagraph does
  259  not apply to inmates who are being released from the custody of
  260  the department to any type of supervision monitored by the
  261  department;
  262         2. Of the dates of admission to and release from the
  263  custody of the department, including the total length of the
  264  term of imprisonment for which he or she is being released; and
  265         3.2. In not less than 18-point type, that the inmate may be
  266  sentenced pursuant to s. 775.082(9) if the inmate commits any
  267  felony offense described in s. 775.082(9) within 3 years after
  268  the inmate’s release. This notice must be prefaced by the word
  269  “WARNING” in boldfaced type.
  270         Section 7. Section 951.30, Florida Statutes, is created to
  271  read:
  272         951.30 Release documents requirements.—The administrator of
  273  a county detention facility must provide to each inmate upon
  274  release from the custody of the facility the dates of his or her
  275  admission to and release from the custody of the facility,
  276  including the total length of the term of imprisonment from
  277  which he or she is being released.
  278         Section 8. Paragraph (a) of subsection (2) and paragraphs
  279  (b) and (c) of subsection (3) of section 1009.21, Florida
  280  Statutes, are amended to read:
  281         1009.21 Determination of resident status for tuition
  282  purposes.—Students shall be classified as residents or
  283  nonresidents for the purpose of assessing tuition in
  284  postsecondary educational programs offered by charter technical
  285  career centers or career centers operated by school districts,
  286  in Florida College System institutions, and in state
  287  universities.
  288         (2)(a) To qualify as a resident for tuition purposes:
  289         1. A person or, if that person is a dependent child, his or
  290  her parent or parents must have established legal residence in
  291  this state and must have maintained legal residence in this
  292  state for at least 12 consecutive months immediately before
  293  prior to his or her initial enrollment in an institution of
  294  higher education. The 12 consecutive months immediately before
  295  enrollment may include time spent incarcerated in a county
  296  detention facility or state correctional facility.
  297         2. Every applicant for admission to an institution of
  298  higher education shall be required to make a statement as to his
  299  or her length of residence in the state and, further, shall
  300  establish that his or her presence or, if the applicant is a
  301  dependent child, the presence of his or her parent or parents in
  302  the state currently is, and during the requisite 12-month
  303  qualifying period was, for the purpose of maintaining a bona
  304  fide domicile, rather than for the purpose of maintaining a mere
  305  temporary residence or abode incident to enrollment in an
  306  institution of higher education.
  307         (3) 
  308         (b) Except as otherwise provided in this section, evidence
  309  of legal residence and its duration shall include clear and
  310  convincing documentation that residency in this state was for a
  311  minimum of 12 consecutive months prior to a student’s initial
  312  enrollment in an institution of higher education. Time spent
  313  incarcerated in a county detention facility or state
  314  correctional facility must be credited toward the residency
  315  requirement, with any combination of documented time living in
  316  Florida before and after incarceration.
  317         (c) Each institution of higher education shall
  318  affirmatively determine that an applicant who has been granted
  319  admission to that institution as a Florida resident meets the
  320  residency requirements of this section at the time of initial
  321  enrollment. The residency determination must be documented by
  322  the submission of written or electronic verification that
  323  includes two or more of the documents identified in this
  324  paragraph. No single piece of evidence shall be conclusive.
  325         1. The documents must include at least one of the
  326  following:
  327         a. A Florida voter’s registration card.
  328         b. A Florida driver license.
  329         c. A State of Florida identification card.
  330         d. A Florida vehicle registration.
  331         e. Proof of a permanent home in Florida which is occupied
  332  as a primary residence by the individual or by the individual’s
  333  parent if the individual is a dependent child.
  334         f. Proof of a homestead exemption in Florida.
  335         g. Transcripts from a Florida high school for multiple
  336  years if the Florida high school diploma or high school
  337  equivalency diploma was earned within the last 12 months.
  338         h. Proof of permanent full-time employment in Florida for
  339  at least 30 hours per week for a 12-month period.
  340         2. The documents may include one or more of the following:
  341         a. A declaration of domicile in Florida.
  342         b. A Florida professional or occupational license.
  343         c. Florida incorporation.
  344         d. A document evidencing family ties in Florida.
  345         e. Proof of membership in a Florida-based charitable or
  346  professional organization.
  347         f. Any other documentation that supports the student’s
  348  request for resident status, including, but not limited to,
  349  utility bills and proof of 12 consecutive months of payments; a
  350  lease agreement and proof of 12 consecutive months of payments;
  351  or an official local, state, federal, or court document
  352  evidencing legal ties to Florida.
  353         Section 9. The Office of Program Policy and Governmental
  354  Accountability (OPPAGA) must conduct a study to evaluate the
  355  various opportunities available to persons returning to the
  356  community from imprisonment. The study’s scope must include, but
  357  need not be limited to, any barriers to such opportunities; the
  358  collateral consequences that are present, if applicable, for
  359  persons who are released from incarceration into the community;
  360  and methods for reducing the collateral consequences identified.
  361  OPPAGA must submit a report to the Governor, the President of
  362  the Senate, the Minority Leader of the Senate, the Speaker of
  363  the House of Representatives, and the Minority Leader of the
  364  House of Representatives by November 1, 2020.
  365         Section 10. This act shall take effect July 1, 2020.