HB 1771 2003
1	A bill to be entitled
2	An act relating to youthful offenders; amending s. 958.04,
3	F.S.; providing that the court may not sentence as
4	youthful offender certain offenders who have pled nolo
5	contendere or guilty to, or been found guilty of, capital
6	felonies, life felonies, first degree felonies, or second
7	degree felonies involving the use or attempted use of
8	force or violence; increasing the maximum period of
9	commitment of a youthful offender to the custody of the
10	Department of Corrections or maximum period of
11	incarceration or placement under supervision on probation
12	or community control; removing legislative declaration
13	with respect to construction of a basic training program
14	facility; reenacting ss. 958.03(5), 958.046, and
15	958.11(4), F.S., to incorporate the amendment to s.
16	958.04, F.S., in references thereto; amending s. 958.045,
17	F.S.; revising the sanctions for a youthful offender in
18	the basic training program who becomes unmanageable;
19	allowing the department to revoke the offender's gain-
20	time, to terminate the offender's participation in the
21	program, to return the offender to the general population
22	of inmates in the correctional system, and to submit a
23	report to the court of the facts and circumstances
24	surrounding the offender’s termination from the program;
25	authorizing the court to impose any sentence that it might
26	have imposed under the Criminal Punishment Code for
27	offenders terminated from the program; providing for
28	alternative placement on probation or community control of
29	an offender who has completed the basic training program;
30	providing for the offender to remain on community control
31	upon release from a community residential program;
32	providing for revocation of community control and
33	sentencing of the offender if the offender violates the
34	conditions for community control; revising a presumption
35	relating to a departmental request that a court place a
36	youthful offender in the program; modifying release
37	procedures; conforming terminology; providing an effective
38	date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1. Section 958.04, Florida Statutes, is amended to
43	read:
44	958.04 Judicial disposition of youthful offenders.--
45	(1) The court may sentence as a youthful offender any
46	person:
47	(a) Who is at least 18 years of age or who has been
48	transferred for prosecution to the criminal division of the
49	circuit court pursuant to chapter 985;
50	(b) Who is found guilty of or who has tendered, and the
51	court has accepted, a plea of nolo contendere or guilty to a
52	crime which is, under the laws of this state, a felony if such
53	crime was committed before the defendant's 21st birthday; and
54	(c) Who has not previously been classified as a youthful
55	offender under the provisions of this act; however, anoperson
56	who has pled nolo contendere or guilty to, orbeen found guilty
57	of a capital felony,or life felony, first degree felony, or
58	second degree felony involving the use or attempted use or force
59	or violence may notbe sentenced as a youthful offender under
60	this act. In addition, a person who is subject to s. 775.087(2)
61	or (3) shall not be sentenced as a youthful offender.
62	(2) In lieu of other criminal penalties authorized by law
63	and notwithstanding any imposition of consecutive sentences, the
64	court mayshalldispose of the criminal case as follows:
65	(a) The court may place a youthful offender under
66	supervision on probation or in a community control program, with
67	or without an adjudication of guilt, under such conditions as
68	the court may lawfully impose for a period of not more than 86
69	years. Such aperiod of supervision shall not exceed the maximum
70	sentence for the offense for which the youthful offender was
71	found guilty.
72	(b) The court may impose a period of incarceration as a
73	condition of probation or community control, which period of
74	incarceration shall be served in either a county facility, a
75	department probation and restitution center, or a community
76	residential facility which is owned and operated by any public
77	or private entity providing such services. No youthful offender
78	may be required to serve a period of incarceration in a
79	community correctional center as defined in s. 944.026.
80	Admission to a department facility or center shall be contingent
81	upon the availability of bed space and shall take into account
82	the purpose and function of such facility or center. Placement
83	in such a facility or center shall not exceed 364 days.
84	(c) The court may impose a split sentence whereby the
85	youthful offender is to be placed on probation or community
86	control upon completion of any specified period of
87	incarceration; however, if the incarceration period is to be
88	served in a department facility other than a probation and
89	restitution center or community residential facility, such
90	period shall be for not less than 1 year or more than 4 years.
91	The period of probation or community control shall commence
92	immediately upon the release of the youthful offender from
93	incarceration. The period of incarceration imposed or served and
94	the period of probation or community control, when added
95	together, shall not exceed 86years.
96	(d) The court may commit the youthful offender to the
97	custody of the department for a period of not more than 86
98	years, provided that any such commitment shall not exceed the
99	maximum sentence for the offense for which the youthful offender
100	has been convicted. Successful participation in the youthful
101	offender program by an offender who is sentenced as a youthful
102	offender by the court pursuant to this section, or is classified
103	as such by the department, may result in a recommendation to the
104	court, by the department, for a modification or early
105	termination of probation, community control, or the sentence at
106	any time prior to the scheduled expiration of such term. When a
107	modification of the sentence results in the reduction of a term
108	of incarceration, the court may impose a term of probation or
109	community control which, when added to the term of
110	incarceration, shall not exceed the original sentence imposed.
111	(3) The provisions of this section shall not be used to
112	impose a greater sentence than the permissible sentence range as
113	established by the Criminal Punishment Code pursuant to chapter
114	921 unless reasons are explained in writing by the trial court
115	judge which reasonably justify departure. A sentence imposed
116	outside of the code is subject to appeal pursuant to s. 924.06
117	or s. 924.07.
118	(4) Due to severe prison overcrowding, the Legislature
119	declares the construction of a basic training program facility
120	is necessary to aid in alleviating an emergency situation.
121	(4)(5)The department shall provide a special training
122	program for staff selected for the basic training program.
123	Section 2. For the purpose of incorporating the amendment
124	to section 958.04, Florida Statutes, in references thereto,
125	subsection (5) of section 958.03, Florida Statutes, is reenacted
126	to read:
127	958.03 Definitions.--As used in this act:
128	(5) "Youthful offender" means any person who is sentenced
129	as such by the court or is classified as such by the department
130	pursuant to s. 958.04.
131	Section 3. For the purpose of incorporating the amendment
132	to section 958.04, Florida Statutes, in references thereto,
133	section 958.046, Florida Statutes, is reenacted to read:
134	958.046 Placement in county-operated boot camp programs
135	for youthful offenders.--In counties where there are county-
136	operated youthful offender boot camp programs, other than boot
137	camps described in s. 958.04 or s. 985.309, the court may
138	sentence a youthful offender to such a boot camp. In county-
139	operated youthful offender boot camp programs, juvenile
140	offenders shall not be commingled with youthful offenders.
141	Section 4. For the purpose of incorporating the amendment
142	to section 958.04, Florida Statutes, in references thereto,
143	subsection (4) of section 958.11, Florida Statutes, is reenacted
144	to read:
145	958.11 Designation of institutions and programs for
146	youthful offenders; assignment from youthful offender
147	institutions and programs.--
148	(4) The Office of the Assistant Secretary for Youthful
149	Offenders shall continuously screen all institutions,
150	facilities, and programs for any inmate who meets the
151	eligibility requirements for youthful offender designation
152	specified in s. 958.04(1)(a) and (c) whose age does not exceed
153	24 years and whose total length of sentence does not exceed 10
154	years, and the department may classify and assign as a youthful
155	offender any inmate who meets the criteria of this subsection.
156	Section 5. Section 958.045, Florida Statutes, is amended
157	to read:
158	958.045 Youthful offender basic training program.--
159	(1) The department shall develop and implement a basic
160	training program for youthful offenders sentenced or classified
161	by the department as youthful offenders pursuant to this
162	chapter. The period of time to be served at the basic training
163	program shall be no less than 120 days.
164	(a) The program shall include marching drills,
165	calisthenics, a rigid dress code, manual labor assignments,
166	physical training with obstacle courses, training in
167	decisionmaking and personal development, general education
168	development and adult basic education courses, and drug
169	counseling and other rehabilitation programs.
170	(b) The department shall adopt rules governing the
171	administration of the youthful offender basic training program,
172	requiring that basic training participants complete a structured
173	disciplinary program, and allowing for a restriction on general
174	inmate population privileges.
175	(2) Upon receipt of youthful offenders, the department
176	shall screen offenders for the basic training program. To
177	participate, an offender must have no physical limitations that
178	preclude participation in strenuous activity, must not be
179	impaired, and must not have been previously incarcerated in a
180	state or federal correctional facility. In screening offenders
181	for the basic training program, the department shall consider
182	the offender's criminal history and the possible rehabilitative
183	benefits of "shock" incarceration. If an offender meets the
184	specified criteria and space is available, the department shall
185	request, in writing from the sentencing court, approval for the
186	offender to participate in the basic training program. If the
187	person is classified by the department as a youthful offender
188	and the department is requesting approval from the sentencing
189	court for placement in the program, the department shall, at the
190	same time, notify the state attorney that the offender is being
191	considered for placement in the basic training program. The
192	notice must explain that the purpose of such placement is
193	diversion from lengthy incarceration when a short "shock"
194	incarceration could produce the same deterrent effect, and that
195	the state attorney may, within 14 days after the mailing of the
196	notice, notify the sentencing court in writing of objections, if
197	any, to the placement of the offender in the basic training
198	program. The sentencing court shall notify the department in
199	writing of placement approval no later than 21 days after
200	receipt of the department's request for placement of the
201	youthful offender in the basic training program. Failure to
202	notify the department within 21 days shall be considered a
203	denialan approval by the sentencing court of the department’s
204	requestfor placing the youthful offender in the basic training
205	program. Each state attorney may develop procedures for
206	notifying the victim that the offender is being considered for
207	placement in the basic training program.
208	(3) The program shall provide a short incarceration period
209	of rigorous training to offenders who require a greater degree
210	of supervision than community control or probation provides.
211	Basic training programs may be operated in secure areas in or
212	adjacent to an adult institution notwithstanding s. 958.11. The
213	program is not intended to divert offenders away from probation
214	or community control but to divert them from long periods of
215	incarceration when a short "shock" incarceration could produce
216	the same deterrent effect.
217	(4) Upon admittance to the department, an educational and
218	substance abuse assessment shall be performed on each youthful
219	offender. Upon admittance to the basic training program, each
220	offender shall have a full substance abuse assessment to
221	determine the offender's need for substance abuse treatment. The
222	educational assessment shall be accomplished through the aid of
223	the Test of Adult Basic Education or any other testing
224	instrument approved by the Department of Education, as
225	appropriate. Each offender who has not obtained a high school
226	diploma shall be enrolled in an adult education program designed
227	to aid the offender in improving his or her academic skills and
228	earning a high school diploma. Further assessments of the prior
229	vocational skills and future career education shall be provided
230	to the offender. A periodic evaluation shall be made to assess
231	the progress of each offender, and upon completion of the basic
232	training program the assessment and information from the
233	department's record of each offender shall be transferred to the
234	appropriate community residential program.
235	(5)(a) If an offender in the basic training program
236	becomes unmanageable, the department may revoke the offender's
237	gain-time,terminate the offender from the program, and return
238	the offender toand place the offender in disciplinary
239	confinement for up to 30 days. Upon completion of the
240	disciplinary process, the offender shall be readmitted to the
241	basic training program, except for an offender who has committed
242	or threatened to commit a violent act. If the offender is
243	terminated from the program, the department may place the
244	offender in the general population of inmates in the
245	correctional systemto complete the remainder of the offender's
246	sentence. Any period of time in which the offender is unable to
247	participate in the basic training activities may be excluded
248	from the specified time requirements in the program.The
249	department shall submit a report to the court describing the
250	facts and circumstances surrounding the offender’s termination
251	from the program. The court may in its discretion order the
252	offender returned to the department’s general population to
253	complete the remainder of his or her youthful offender sentence
254	or impose any sentence under the Criminal Punishment Code
255	pursuant to chapter 921 that it might have originally imposed.
256	(b) If the offender is unable to participate in the basic
257	training activities due to medical reasons, certified medical
258	personnel shall examine the offender and shall consult with the
259	basic training program director concerning the offender's
260	termination from the program.
261	(c) The portion of the sentence served prior to placement
262	in the basic training program may not be counted toward program
263	completion. Upon the offender's completion of the basic training
264	program, the department shall submit a report to the court that
265	describes the offender's performance. If the offender's
266	performance has been satisfactory, the court shall issue an
267	order modifying the sentence imposed and placing the offender on
268	probation or community control or a combination thereof. The
269	term of probation or community controlmay include placement in
270	a community residential program. If the offender violates the
271	conditions of probation or community control, the court may
272	revoke probation and impose any sentence that it might have
273	originally imposed under the Criminal Punishment Code pursuant
274	to chapter 921as a condition of probation.
275	(6)(a) Upon completing the basic training program, an
276	offender shall be transferred to a community residential program
277	and reside there for a term designated by department rule. If
278	the basic training program director determines that the offender
279	is not suitable for the community residential program but is
280	suitable for an alternative postrelease program or release plan,
281	within 30 days prior to program completion the department shall
282	evaluate the offender's needs and determine an alternative
283	postrelease program or plan. The department's consideration
284	shall include, but not be limited to, the offender's employment,
285	residence, family situation, and probation or postrelease
286	supervision obligations. Upon the approval of the department,
287	the offender shall be released to an alternative postrelease
288	program or plan.
289	(b) While in the community residential program, as
290	appropriate, the offender shall engage in gainful employment,
291	and if any, shall pay restitution to the victim. If appropriate,
292	the offender may enroll in substance abuse counseling, and if
293	suitable, shall enroll in a general education development or
294	adult basic education class for the purpose of attaining a high
295	school diploma. Upon release from the community residential
296	program, the offender shall remain on probation, community
297	control,or other postrelease supervision, and abide by the
298	conditions of the offender's probation, community control,or
299	postrelease supervision. If, upon transfer from the community
300	residential program, the offender has not completed the enrolled
301	educational program, the offender shall continue the educational
302	program until completed. If the offender fails to complete the
303	program, the department may request the court or the control
304	release authority to execute an order returning the offender
305	back to the community residential program until completion of
306	the program.
307	(7) The department shall implement the basic training
308	program to the fullest extent feasible within the provisions of
309	this section.
310	(8)(a) The Assistant Secretary for Youthful Offenders
311	shall continuously screen all institutions, facilities, and
312	programs for any inmate who meets the eligibility requirements
313	for youthful offender designation specified in s. 958.04(1)(a)
314	and (c), whose age does not exceed 24 years and whose total
315	length of sentence does not exceed 10 years.
316	(b)The department may classify and assign as a youthful
317	offender any inmate who meets the criteria of this subsections.
318	958.04.
319	(b)A youthful offender who is designated as such by the
320	department and assigned to the basic training program must be
321	eligible for control release pursuant to s. 947.146.
322	(c) The department shall work cooperatively with the
323	Control Release Authority or the Parole Commission to effect the
324	release of an offender who has successfully completed the
325	requirements of the basic training program.
326	(d) Upon an offender's completion of the basic training
327	program, the department shall submit a report to the releasing
328	authority that describes the offender's performance. If the
329	performance has been satisfactory, the release authority shall,
330	upon receipt of a court order modifying the offender’s sentence,
331	establish a release date that is within 2030 days following
332	receipt of the court orderprogram completion. As a condition of
333	release, the offender shall be placed in a community residential
334	program as provided in this section or on community supervision
335	as provided in chapter 947, and shall be subject to the
336	conditions established therefor.
337	(9) Upon commencement of the community residential
338	program, the department shall submit annual reports to the
339	Governor, the President of the Senate, and the Speaker of the
340	House of Representatives detailing the extent of implementation
341	of the basic training program and the community residential
342	program, and outlining future goals and any recommendation the
343	department has for future legislative action.
344	(10) Due to serious and violent crime, the Legislature
345	declares the construction of a basic training facility is
346	necessary to aid in alleviating an emergency situation.
347	(10)(11)The department shall provide a special training
348	program for staff selected for the basic training program.
349	(11)(12)The department may develop performance-based
350	contracts with qualified individuals, agencies, or corporations
351	for the provision of any or all of the youthful offender
352	programs.
353	(12)(13)An offender in the basic training program is
354	subject to rules of conduct established by the department and
355	may have sanctions imposed, including loss of privileges,
356	restrictions, disciplinary confinement, alteration of release
357	plans, or other program modifications in keeping with the nature
358	and gravity of the program violation. Administrative or
359	protective confinement, as necessary, may be imposed.
360	(13)(14)The department may establish a system of
361	incentives within the basic training program which the
362	department may use to promote participation in rehabilitative
363	programs and the orderly operation of institutions and
364	facilities.
365	(14)(15)The department shall develop a system for
366	tracking recidivism, including, but not limited to, rearrests
367	and recommitment of youthful offenders, and shall report on that
368	system in its annual reports of the programs.
369	Section 6. This act shall take effect upon becoming a law.