Senate Bill sb0530

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    Florida Senate - 2004                                   SB 530

    By Senator Geller





    31-266-04

  1                      A bill to be entitled

  2         An act relating to parole for juveniles;

  3         amending s. 985.225, F.S.; providing that a

  4         child younger than a specified age who is found

  5         to have committed an offense punishable by

  6         death or life imprisonment is eligible for

  7         parole if the child has not previously been

  8         adjudicated for certain offenses; requiring

  9         that the child be incarcerated in a

10         youthful-offender facility for a minimum period

11         before becoming eligible for parole release;

12         requiring that the Parole Commission review a

13         child for release; requiring the commission to

14         conduct an initial interview with the child;

15         providing that the child's case be periodically

16         reviewed thereafter for eligibility for parole

17         release; providing that, if the child has not

18         been granted parole by the time the child

19         reaches a specified age, the child must be

20         transferred from the youthful-offender facility

21         to an appropriate adult facility; providing an

22         effective date;

23  

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

25  

26         Section 1.  Present subsection (4) of section 985.225,

27  Florida Statutes, is redesignated as subsection (5), and a new

28  subsection (4) is added to that section, to read:

29         985.225  Indictment of a juvenile.--

30         (4)(a)  A child, 15 years of age or younger, who is

31  found to have committed an offense punishable by death or by

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    Florida Senate - 2004                                   SB 530
    31-266-04




 1  life imprisonment, is eligible for parole if the child has not

 2  previously been adjudicated for a violation of:

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

 4         2.  Section 784.03, relating to battery;

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

 6         4.  Section 828.12, relating to cruelty to animals.

 7         (b)  The child must be incarcerated in a facility for

 8  youthful offenders for a minimum of 8 years before becoming

 9  eligible for parole release.

10         (c)  The Parole Commission shall review the child for

11  release under s. 947.16; however, the commission shall conduct

12  an interview with the child within 8 months after the initial

13  date of confinement in execution of the judgment. Thereafter,

14  the child's case shall be reviewed every 2 years for

15  eligibility for parole release. If the child has not been

16  granted parole by the time the child reaches 25 years of age,

17  the child must be transferred from the facility for youthful

18  offenders to an appropriate facility for adults.

19         Section 2.  This act shall take effect July 1, 2004.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides that a child, 15 years of age or younger, who
      commits an offense punishable by death or by life
24    imprisonment is eligible for parole if he or she has no
      previous violation of certain specified offenses.
25    Requires that the child be incarcerated in a
      youthful-offender facility for a minimum of 8 years
26    before becoming eligible for parole release. Requires
      that the Parole Commission review a child for release.
27    Requires the commission to conduct an interview with the
      child within 8 months after the initial date of
28    confinement, and every 2 years thereafter, for
      eligibility for parole release. Provides that, if the
29    child has not been granted parole by the time the child
      reaches the age of 25, he or she must be transferred from
30    the youthful-offender facility to an appropriate adult
      facility.
31  

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CODING: Words stricken are deletions; words underlined are additions.