House Bill hb1447

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    Florida House of Representatives - 2001                HB 1447

        By Representative Needelman






  1                      A bill to be entitled

  2         An act relating to youthful offenders; amending

  3         s. 958.04, F.S., relating to judicial

  4         disposition of youthful offenders; providing

  5         that the court may not sentence as youthful

  6         offenders certain offenders who have pled nolo

  7         contendere or guilty to, or been found guilty

  8         of, capital felonies, life felonies,

  9         first-degree felonies, or second-degree

10         felonies involving the use or threatened use of

11         force or violence; increasing the maximum

12         period of commitment of a youthful offender to

13         the custody of the Department of Corrections or

14         maximum period of incarceration or placement

15         under supervision on probation or community

16         control; removing legislative declaration with

17         respect to construction of a basic training

18         program facility; reenacting s. 958.03(5),

19         F.S., relating to the definition of the term

20         "youthful offender," s. 958.046, F.S., relating

21         to placement in county-operated boot camp

22         programs for youthful offenders, and s.

23         958.11(4), F.S., relating to designation of

24         institutions and programs for youthful

25         offenders and assignment from youthful offender

26         institutions and programs, to incorporate the

27         amendment to s. 958.04, F.S., in references

28         thereto; amending s. 951.231, F.S.; conforming

29         an obsolete reference to provisions relating to

30         mandatory participation in the youthful

31         offender basic training program under certain

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  1         circumstances; amending s. 958.045, F.S.,

  2         relating to youthful offender basic training

  3         program; revising the sanctions for a youthful

  4         offender in the basic training program who

  5         becomes unmanageable; allowing the department

  6         to revoke the offender's gain-time, to

  7         terminate the offender's participation in the

  8         program, and to return the offender to the

  9         general population of inmates in the

10         correctional system; providing for alternative

11         placement on probation or community control of

12         an offender who has completed the basic

13         training program; providing for the offender to

14         remain on community control upon release from a

15         community residential program; providing for

16         revocation of community control and sentencing

17         of the offender if the offender violates the

18         conditions of community control; revising a

19         presumption relating to a departmental request

20         that a court place a youthful offender in the

21         program; modifying release procedures;

22         conforming terminology; providing an effective

23         date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 958.04, Florida Statutes, is

28  amended to read:

29         958.04  Judicial disposition of youthful offenders.--

30         (1)  The court may sentence as a youthful offender any

31  person:

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  1         (a)  Who is at least 18 years of age or who has been

  2  transferred for prosecution to the criminal division of the

  3  circuit court pursuant to chapter 985;

  4         (b)  Who is found guilty of or who has tendered, and

  5  the court has accepted, a plea of nolo contendere or guilty to

  6  a crime which is, under the laws of this state, a felony if

  7  such crime was committed before the defendant's 21st birthday;

  8  and

  9         (c)  Who has not previously been classified as a

10  youthful offender under the provisions of this act; however, a

11  no person who has pled nolo contendere or guilty to, or been

12  found guilty of, a capital felony, or life felony,

13  first-degree felony, or second-degree felony involving the use

14  or attempted use of force or violence may not be sentenced as

15  a youthful offender under this act. In addition, a person who

16  is subject to s. 775.087(2) and (3) may not be sentenced as a

17  youthful offender.

18         (2)  In lieu of other criminal penalties authorized by

19  law and notwithstanding any imposition of consecutive

20  sentences, the court shall dispose of the criminal case as

21  follows:

22         (a)  The court may place a youthful offender under

23  supervision on probation or in a community control program,

24  with or without an adjudication of guilt, under such

25  conditions as the court may lawfully impose for a period of

26  not more than 8 6 years. Such a period of supervision shall

27  not exceed the maximum sentence for the offense for which the

28  youthful offender was found guilty.

29         (b)  The court may impose a period of incarceration as

30  a condition of probation or community control, which period of

31  incarceration shall be served in either a county facility, a

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  1  department probation and restitution center, or a community

  2  residential facility which is owned and operated by any public

  3  or private entity providing such services.  No youthful

  4  offender may be required to serve a period of incarceration in

  5  a community correctional center as defined in s. 944.026.

  6  Admission to a department facility or center shall be

  7  contingent upon the availability of bed space and shall take

  8  into account the purpose and function of such facility or

  9  center.  Placement in such a facility or center shall not

10  exceed 364 days.

11         (c)  The court may impose a split sentence whereby the

12  youthful offender is to be placed on probation or community

13  control upon completion of any specified period of

14  incarceration; however, if the incarceration period is to be

15  served in a department facility other than a probation and

16  restitution center or community residential facility, such

17  period shall be for not less than 1 year or more than 4 years.

18  The period of probation or community control shall commence

19  immediately upon the release of the youthful offender from

20  incarceration.  The period of incarceration imposed or served

21  and the period of probation or community control, when added

22  together, shall not exceed 8 6 years.

23         (d)  The court may commit the youthful offender to the

24  custody of the department for a period of not more than 8 6

25  years, provided that any such commitment shall not exceed the

26  maximum sentence for the offense for which the youthful

27  offender has been convicted.  Successful participation in the

28  youthful offender program by an offender who is sentenced as a

29  youthful offender by the court pursuant to this section, or is

30  classified as such by the department, may result in a

31  recommendation to the court, by the department, for a

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  1  modification or early termination of probation, community

  2  control, or the sentence at any time prior to the scheduled

  3  expiration of such term.  When a modification of the sentence

  4  results in the reduction of a term of incarceration, the court

  5  may impose a term of probation or community control which,

  6  when added to the term of incarceration, shall not exceed the

  7  original sentence imposed.

  8         (3)  The provisions of this section shall not be used

  9  to impose a greater sentence than the permissible sentence

10  range as established by the Criminal Punishment Code pursuant

11  to chapter 921 unless reasons are explained in writing by the

12  trial court judge which reasonably justify departure.  A

13  sentence imposed outside of the code is subject to appeal

14  pursuant to s. 924.06 or s. 924.07.

15         (4)  Due to severe prison overcrowding, the Legislature

16  declares the construction of a basic training program facility

17  is necessary to aid in alleviating an emergency situation.

18         (4)(5)  The department shall provide a special training

19  program for staff selected for the basic training program.

20         Section 2.  For the purpose of incorporating the

21  amendment to section 958.04, Florida Statutes, in references

22  thereto, subsection (5) of section 958.03, Florida Statutes,

23  is reenacted to read:

24         958.03  Definitions.--As used in this act:

25         (5)  "Youthful offender" means any person who is

26  sentenced as such by the court or is classified as such by the

27  department pursuant to s. 958.04.

28         Section 3.  For the purpose of incorporating the

29  amendment to section 958.04, Florida Statutes, in references

30  thereto, section 958.046, Florida Statutes, is reenacted to

31  read:

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  1         958.046  Placement in county-operated boot camp

  2  programs for youthful offenders.--In counties where there are

  3  county-operated youthful offender boot camp programs, other

  4  than boot camps described in s. 958.04 or s. 985.309, the

  5  court may sentence a youthful offender to such a boot camp.

  6  In county-operated youthful offender boot camp programs,

  7  juvenile offenders shall not be commingled with youthful

  8  offenders.

  9         Section 4.  For the purpose of incorporating the

10  amendment to section 958.04, Florida Statutes, in references

11  thereto, subsection (4) of section 958.11, Florida Statutes,

12  is reenacted to read:

13         958.11  Designation of institutions and programs for

14  youthful offenders; assignment from youthful offender

15  institutions and programs.--

16         (4)  The Office of the Assistant Secretary for Youthful

17  Offenders shall continuously screen all institutions,

18  facilities, and programs for any inmate who meets the

19  eligibility requirements for youthful offender designation

20  specified in s. 958.04(1)(a) and (c) whose age does not exceed

21  24 years and whose total length of sentence does not exceed 10

22  years, and the department may classify and assign as a

23  youthful offender any inmate who meets the criteria of this

24  subsection.

25         Section 5.  Paragraph (c) of subsection (1) of section

26  951.231, Florida Statutes, is amended to read:

27         951.231  County residential probation program.--

28         (1)  Any prisoner who has been sentenced under s.

29  921.18 to serve a sentence in a county residential probation

30  center as described in s. 951.23 shall:

31

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  1         (c)  Participate in and complete the program required

  2  by s. 958.045(1) s. 958.04(4), if required by the supervisor

  3  of the center.

  4         Section 6.  Section 958.045, Florida Statutes, is

  5  amended to read:

  6         958.045  Youthful offender basic training program.--

  7         (1)  The department shall develop and implement a basic

  8  training program for youthful offenders sentenced or

  9  classified by the department as youthful offenders pursuant to

10  this chapter. The period of time to be served at the basic

11  training program shall be no less than 120 days.

12         (a)  The program shall include marching drills,

13  calisthenics, a rigid dress code, manual labor assignments,

14  physical training with obstacle courses, training in

15  decisionmaking and personal development, general education

16  development and adult basic education courses, and drug

17  counseling and other rehabilitation programs.

18         (b)  The department shall adopt rules governing the

19  administration of the youthful offender basic training

20  program, requiring that basic training participants complete a

21  structured disciplinary program, and allowing for a

22  restriction on general inmate population privileges.

23         (2)  Upon receipt of youthful offenders, the department

24  shall screen offenders for the basic training program. To

25  participate, an offender must have no physical limitations

26  that preclude participation in strenuous activity, must not be

27  impaired, and must not have been previously incarcerated in a

28  state or federal correctional facility. In screening offenders

29  for the basic training program, the department shall consider

30  the offender's criminal history and the possible

31  rehabilitative benefits of "shock" incarceration. If an

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  1  offender meets the specified criteria and space is available,

  2  the department shall request, in writing from the sentencing

  3  court, approval for the offender to participate in the basic

  4  training program. If the person is classified by the

  5  department as a youthful offender and the department is

  6  requesting approval from the sentencing court for placement in

  7  the program, the department shall, at the same time, notify

  8  the state attorney that the offender is being considered for

  9  placement in the basic training program. The notice must

10  explain that the purpose of such placement is diversion from

11  lengthy incarceration when a short "shock" incarceration could

12  produce the same deterrent effect, and that the state attorney

13  may, within 14 days after the mailing of the notice, notify

14  the sentencing court in writing of objections, if any, to the

15  placement of the offender in the basic training program. The

16  sentencing court shall notify the department in writing of

17  placement approval no later than 21 days after receipt of the

18  department's request for placement of the youthful offender in

19  the basic training program. Failure to notify the department

20  within 21 days shall be considered a denial an approval by the

21  sentencing court of the department's request for placing the

22  youthful offender in the basic training program. Each state

23  attorney may develop procedures for notifying the victim that

24  the offender is being considered for placement in the basic

25  training program.

26         (3)  The program shall provide a short incarceration

27  period of rigorous training to offenders who require a greater

28  degree of supervision than community control or probation

29  provides. Basic training programs may be operated in secure

30  areas in or adjacent to an adult institution notwithstanding

31  s. 958.11. The program is not intended to divert offenders

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  1  away from probation or community control but to divert them

  2  from long periods of incarceration when a short "shock"

  3  incarceration could produce the same deterrent effect.

  4         (4)  Upon admittance to the department, an educational

  5  and substance abuse assessment shall be performed on each

  6  youthful offender. Upon admittance to the basic training

  7  program, each offender shall have a full substance abuse

  8  assessment to determine the offender's need for substance

  9  abuse treatment. The educational assessment shall be

10  accomplished through the aid of the Test of Adult Basic

11  Education or any other testing instrument approved by the

12  Department of Education, as appropriate. Each offender who has

13  not obtained a high school diploma shall be enrolled in an

14  adult education program designed to aid the offender in

15  improving his or her academic skills and earning a high school

16  diploma. Further assessments of the prior vocational skills

17  and future career education shall be provided to the offender.

18  A periodic evaluation shall be made to assess the progress of

19  each offender, and upon completion of the basic training

20  program the assessment and information from the department's

21  record of each offender shall be transferred to the

22  appropriate community residential program.

23         (5)(a)  If an offender in the basic training program

24  becomes unmanageable, the department may revoke the offender's

25  gain-time, terminate the offender from the program, and return

26  the offender to and place the offender in disciplinary

27  confinement for up to 30 days. Upon completion of the

28  disciplinary process, the offender shall be readmitted to the

29  basic training program, except for an offender who has

30  committed or threatened to commit a violent act. If the

31  offender is terminated from the program, the department may

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  1  place the offender in the general population of inmates in the

  2  correctional system to complete the remainder of the

  3  offender's sentence. Any period of time in which the offender

  4  is unable to participate in the basic training activities may

  5  be excluded from the specified time requirements in the

  6  program.

  7         (b)  If the offender is unable to participate in the

  8  basic training activities due to medical reasons, certified

  9  medical personnel shall examine the offender and shall consult

10  with the basic training program director concerning the

11  offender's termination from the program.

12         (c)  The portion of the sentence served prior to

13  placement in the basic training program may not be counted

14  toward program completion. Upon the offender's completion of

15  the basic training program, the department shall submit a

16  report to the court that describes the offender's performance.

17  If the offender's performance has been satisfactory, the court

18  shall issue an order modifying the sentence imposed and

19  placing the offender on probation or community control or a

20  combination thereof. The term of probation or community

21  control may include placement in a community residential

22  program. If the offender violates the conditions of probation

23  or community control, the court may revoke probation or

24  community control and impose any sentence that it might have

25  originally imposed as a condition of probation or community

26  control.

27         (6)(a)  Upon completing the basic training program, an

28  offender shall be transferred to a community residential

29  program and reside there for a term designated by department

30  rule. If the basic training program director determines that

31  the offender is not suitable for the community residential

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  1  program but is suitable for an alternative postrelease program

  2  or release plan, within 30 days prior to program completion

  3  the department shall evaluate the offender's needs and

  4  determine an alternative postrelease program or plan. The

  5  department's consideration shall include, but not be limited

  6  to, the offender's employment, residence, family situation,

  7  and probation or postrelease supervision obligations. Upon the

  8  approval of the department, the offender shall be released to

  9  an alternative postrelease program or plan.

10         (b)  While in the community residential program, as

11  appropriate, the offender shall engage in gainful employment,

12  and if any, shall pay restitution to the victim. If

13  appropriate, the offender may enroll in substance abuse

14  counseling, and if suitable, shall enroll in a general

15  education development or adult basic education class for the

16  purpose of attaining a high school diploma. Upon release from

17  the community residential program, the offender shall remain

18  on probation, community control, or other postrelease

19  supervision, and abide by the conditions of the offender's

20  probation, community control, or postrelease supervision. If,

21  upon transfer from the community residential program, the

22  offender has not completed the enrolled educational program,

23  the offender shall continue the educational program until

24  completed. If the offender fails to complete the program, the

25  department may request the court or the control release

26  authority to execute an order returning the offender back to

27  the community residential program until completion of the

28  program.

29         (7)  The department shall implement the basic training

30  program to the fullest extent feasible within the provisions

31  of this section.

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  1         (8)(a)  The Assistant Secretary for Youthful Offenders

  2  shall continuously screen all institutions, facilities, and

  3  programs for any inmate who meets the eligibility requirements

  4  for youthful offender designation specified in s. 958.04,

  5  whose age does not exceed 24 years.

  6         (b)  The department may classify and assign as a

  7  youthful offender any inmate who meets the criteria of s.

  8  958.04.

  9         (b)  A youthful offender who is designated as such by

10  the department and assigned to the basic training program must

11  be eligible for control release pursuant to s. 947.146.

12         (c)  The department shall work cooperatively with the

13  Control Release Authority or the Parole Commission to effect

14  the release of an offender who has successfully completed the

15  requirements of the basic training program.

16         (d)  Upon an offender's completion of the basic

17  training program, the department shall submit a report to the

18  releasing authority that describes the offender's performance.

19  If the performance has been satisfactory, the release

20  authority shall, upon receipt of a court order modifying the

21  offender's sentence, establish a release date that is within

22  20 30 days following receipt of the court order program

23  completion. As a condition of release, the offender shall be

24  placed in a community residential program as provided in this

25  section or on community supervision as provided in chapter

26  947, and shall be subject to the conditions established

27  therefor.

28         (9)  Upon commencement of the community residential

29  program, the department shall submit annual reports to the

30  Governor, the President of the Senate, and the Speaker of the

31  House of Representatives detailing the extent of

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  1  implementation of the basic training program and the community

  2  residential program, and outlining future goals and any

  3  recommendation the department has for future legislative

  4  action.

  5         (10)  Due to serious and violent crime, the Legislature

  6  declares the construction of a basic training facility is

  7  necessary to aid in alleviating an emergency situation.

  8         (10)(11)  The department shall provide a special

  9  training program for staff selected for the basic training

10  program.

11         (11)(12)  The department may develop performance-based

12  contracts with qualified individuals, agencies, or

13  corporations for the provision of any or all of the youthful

14  offender programs.

15         (12)(13)  An offender in the basic training program is

16  subject to rules of conduct established by the department and

17  may have sanctions imposed, including loss of privileges,

18  restrictions, disciplinary confinement, alteration of release

19  plans, or other program modifications in keeping with the

20  nature and gravity of the program violation. Administrative or

21  protective confinement, as necessary, may be imposed.

22         (13)(14)  The department may establish a system of

23  incentives within the basic training program which the

24  department may use to promote participation in rehabilitative

25  programs and the orderly operation of institutions and

26  facilities.

27         (14)(15)  The department shall develop a system for

28  tracking recidivism, including, but not limited to, rearrests

29  and recommitment of youthful offenders, and shall report on

30  that system in its annual reports of the programs.

31         Section 7.  This act shall take effect October 1, 2001.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides that the court may not sentence as youthful
      offenders certain offenders who have pled nolo contendere
  4    or guilty to, or been found guilty of, capital felonies,
      life felonies, first-degree felonies, or second-degree
  5    felonies involving the use or threatened use of force or
      violence. Increases from 6 years to 8 years the maximum
  6    period of commitment of the youthful offender to the
      custody of the Department of Corrections or the maximum
  7    period of incarceration or placement of the youthful
      offender under supervision on probation or community
  8    control. Removes a legislative declaration with respect
      to construction of a basic training program facility.
  9    Conforms a reference to provisions relating to mandatory
      participation in the youthful offender basic training
10    program in certain circumstances. Revises the sanctions
      for a youthful offender in the basic training program who
11    becomes unmanageable. Allows the department to revoke the
      offender's gain-time, to terminate the offender's
12    participation in the program, and to return the offender
      to the general population of inmates in the correctional
13    system. Provides for alternative placement on probation
      or community control of an offender who has completed the
14    basic training program. Provides for the offender to
      remain on community control upon release from a community
15    residential program. Provides for revocation of community
      control and sentencing of the offender if the offender
16    violates the conditions of community control. Conforms
      terminology.
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