House Bill hb1371

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    Florida House of Representatives - 2002                HB 1371

        By Representative Bullard






  1                      A bill to be entitled

  2         An act relating to youthful offenders; creating

  3         s. 958.041, F.S.; authorizing the court to

  4         sentence offenders of a specified age or

  5         younger to a youthful offender facility of the

  6         Department of Corrections if the offender is

  7         found guilty of, or pleads nolo contendere or

  8         guilty to, a first-degree felony, a life

  9         felony, or a capital felony; providing certain

10         additional requirements and limitations with

11         respect to sentencing such an offender;

12         requiring that the offender be incarcerated in

13         the department facility until the offender

14         attains a specified age or serves a specified

15         sentence; requiring that the sentencing court

16         hold a hearing to determine whether the

17         offender is rehabilitated to an extent

18         sufficient to be released to a specified term

19         of intense community supervision; providing

20         factors for the court to consider in making

21         such determination; requiring that the

22         department supervise an offender released on

23         community supervision under the act; providing

24         for revocation of community supervision;

25         providing for the offender to be discharged

26         from the control and supervision of the

27         department following successful completion of

28         the term of intense community supervision;

29         amending s. 958.04, F.S.; conforming provisions

30         to changes made by the act; providing an

31         effective date.

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    Florida House of Representatives - 2002                HB 1371

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

  2

  3         Section 1.  Section 958.041, Florida Statutes, is

  4  created to read:

  5         958.041  Judicial disposition of youthful offenders 15

  6  years of age or younger who have committed certain serious

  7  offenses.--

  8         (1)  Notwithstanding any other law, the court may

  9  sentence a youthful offender under this section if:

10         (a)  The offender is 15 years of age or younger at the

11  time of the offense;

12         (b)  The offender is found guilty of, or has tendered

13  and the court has accepted a plea of nolo contendere or guilty

14  to, a felony of the first degree, a life felony, or a capital

15  felony;

16         (c)  The sentence that is recommended under the

17  Criminal Punishment Code for the offense committed exceeds 10

18  years;

19         (d)  The offender has no prior adjudication for a

20  violation of:

21         1.  Any offense specified in s. 775.084(1)(b)1.;

22         2.  Section 784.03, relating to battery;

23         3.  Section 827.03, relating to child abuse; or

24         4.  Section 828.12, relating to cruelty to animals; and

25         (e)  The crime was not:

26         1.  Heinous, atrocious, or cruel, as evidenced by the

27  suffering of the victim; or

28         2.  Premeditated, as evidenced by deliberate planning

29  or preparation.

30         (2)  Any youthful offender sentenced under this section

31  shall be incarcerated in a department facility for youthful

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    Florida House of Representatives - 2002                HB 1371

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  1  offenders until the offender is 24 years of age or has served

  2  10 years of incarceration, whichever period is longer. The

  3  department shall provide the offender with enhanced vocational

  4  and educational training, counseling, and substance-abuse

  5  treatment designed to rehabilitate the offender so that he or

  6  she may successfully reenter society and will abide by the

  7  laws of this state. The department shall maintain a detailed

  8  record of the offender's progress and attitude in all areas

  9  relevant to his or her rehabilitation.

10         (3)(a)  Upon reaching 24 years of age or serving 10

11  years of incarceration, whichever period is longer, the

12  offender shall be returned to the sentencing court for a

13  hearing to determine whether the offender has been

14  sufficiently rehabilitated to the extent that he or she can be

15  released on community supervision. If the court finds that the

16  offender has been sufficiently rehabilitated, the offender

17  shall be released on a 10-year term of intense community

18  supervision. If the court finds that the offender has failed

19  to achieve sufficient rehabilitation, the offender shall be

20  sentenced to any legal sentence that could have been imposed

21  at the time of the original disposition of the case, with

22  credit for time served. Factors to be considered by the court

23  include, but are not limited to, the offender's conduct and

24  behavior while incarcerated, the offender's attainment of

25  educational and vocational achievement goals, the

26  circumstances of the offense committed, the considerations of

27  the victim, the plan for the offender to work and reside in

28  the community, and the opinion of any expert the court

29  appoints to evaluate the offender's ability or potential to

30  succeed in the community.

31

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  1         (b)  The department shall provide each offender

  2  released on community supervision under this section with the

  3  opportunity to prove that he or she can abide by the laws of

  4  this state and be a productive member of society. If the

  5  offender violates the terms or conditions of community

  6  supervision, the court may revoke the offender's supervision,

  7  modify the terms or conditions of supervision, or sentence the

  8  offender to any legal sentence that could have been imposed at

  9  the time of the original disposition of the case, with credit

10  for time served. Upon successful completion of the 10-year

11  term of intense community supervision, the rehabilitated

12  offender shall be discharged from the control and supervision

13  of the department.

14         Section 2.  Section 958.04, Florida Statutes, is

15  amended to read:

16         958.04  Judicial disposition of youthful offenders 18

17  years of age or older.--

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

19  person:

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

21  transferred for prosecution to the criminal division of the

22  circuit court pursuant to chapter 985;

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

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

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

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

27  and

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

29  youthful offender under the provisions of this act; however,

30  except as otherwise provided in s. 958.041, a no person who

31

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    Florida House of Representatives - 2002                HB 1371

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  1  has been found guilty of a capital or life felony may not be

  2  sentenced as a youthful offender under this act.

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

  4  law and notwithstanding any imposition of consecutive

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

  6  follows:

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

  8  supervision on probation or in a community control program,

  9  with or without an adjudication of guilt, under such

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

11  not more than 6 years. Such period of supervision shall not

12  exceed the maximum sentence for the offense for which the

13  youthful offender was found guilty.

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

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

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

17  department probation and restitution center, or a community

18  residential facility which is owned and operated by any public

19  or private entity providing such services.  No youthful

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

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

22  Admission to a department facility or center shall be

23  contingent upon the availability of bed space and shall take

24  into account the purpose and function of such facility or

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

26  exceed 364 days.

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

28  youthful offender is to be placed on probation or community

29  control upon completion of any specified period of

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

31  served in a department facility other than a probation and

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    Florida House of Representatives - 2002                HB 1371

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  1  restitution center or community residential facility, such

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

  3  The period of probation or community control shall commence

  4  immediately upon the release of the youthful offender from

  5  incarceration.  The period of incarceration imposed or served

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

  7  together, shall not exceed 6 years.

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

  9  custody of the department for a period of not more than 6

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

11  maximum sentence for the offense for which the youthful

12  offender has been convicted.  Successful participation in the

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

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

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

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

17  modification or early termination of probation, community

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

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

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

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

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

23  original sentence imposed.

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

25  to impose a greater sentence than the permissible sentence

26  range as established by the Criminal Punishment Code pursuant

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

28  trial court judge which reasonably justify departure.  A

29  sentence imposed outside of the code is subject to appeal

30  pursuant to s. 924.06 or s. 924.07.

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    Florida House of Representatives - 2002                HB 1371

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

  2  declares the construction of a basic training program facility

  3  is necessary to aid in alleviating an emergency situation.

  4         (5)  The department shall provide a special training

  5  program for staff selected for the basic training program.

  6         Section 3.  This act shall take effect October 1, 2002.

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  9                          SENATE SUMMARY

10    Authorizes the court to sentence an offender to a
      youthful-offender facility of the Department of
11    Corrections until the offender is 24 years of age or
      serves a 10-year sentence if the offender is 15 years of
12    age or younger at the time of the offense and is found
      guilty of, or pleads nolo contendere or guilty to, a
13    first-degree felony, a life felony, or a capital felony.
      Prohibits the court from imposing such sentence if the
14    offender has committed certain prior violent offenses or
      if the offense was atrocious, cruel, or premeditated.
15    Provides for the sentencing court to release the offender
      to a 10-year term of intense community supervision if the
16    court finds that the offender is rehabilitated upon
      reaching 24 years of age or after serving a 10-year
17    sentence, whichever period is longer. Provides for the
      offender to be discharged from the control and
18    supervision of the Department of Corrections following
      successful completion of the 10-year term of community
19    supervision.

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