HB 0273

1	A bill to be entitled
2	An act relating to youthful offenders; amending s.
3	958.045, F.S.; providing for notice to state attorneys
4	prior to placement of juvenile offenders in boot camp
5	programs; revising sentencing provisions for juvenile
6	offenders who violate the terms of their probation;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (2) and paragraph (c) of subsection
12	(5) of section 958.045, Florida Statutes, are amended to read:
13	958.045  Youthful offender basic training and boot camp
14	programs program.--
15	(2)(a)  Upon receipt of a youthful offender offenders, the
16	department shall screen the offender offenders for the basic
17	training program or a boot camp program pursuant to s. 985.309,
18	when available. To participate, an offender must have no
19	physical limitations that preclude participation in strenuous
20	activity, must not be impaired, and must not have been
21	previously incarcerated in a state or federal correctional
22	facility. In screening an offender offenders for the programs
23	basic training program, the department shall consider the
24	offender's criminal history and the possible rehabilitative
25	benefits of "shock" incarceration. For placement in a boot camp
26	program, an offender must meet the criteria in s. 985.309.
27	(b)  If an offender meets the specified criteria and space
28	is available, the department shall request, in writing from the
29	sentencing court, approval for the offender to participate in a
30	the basic training or boot camp program. When If the person is
31	classified by the department as a youthful offender and the
32	department requests is requesting approval from the sentencing
33	court for placement of an offender in a basic training or boot
34	camp the program, the department shall, at the same time, notify
35	the state attorney that the offender is being considered for
36	placement in the requested basic training program. The notice
37	must explain that the purpose of such placement is diversion
38	from lengthy incarceration when a short "shock" incarceration
39	could produce the same deterrent effect, and that the state
40	attorney may, within 14 days after the mailing of the notice,
41	notify the sentencing court in writing of objections, if any, to
42	the placement of the offender in the requested basic training
43	program.
44	(c)  The sentencing court shall notify the department in
45	writing of placement approval no later than 21 days after
46	receipt of the department's request for placement of the
47	youthful offender in the requested basic training program.
48	Failure to notify the department within 21 days shall be
49	considered an approval by the sentencing court for placing the
50	youthful offender in the requested basic training program. Each
51	state attorney may develop procedures for notifying the victim
52	that the offender is being considered for placement in the basic
53	training or boot camp program.
54	(5)
55	(c)  The portion of the sentence served prior to placement
56	in the basic training program may not be counted toward program
57	completion. Upon the offender's completion of the basic training
58	program, the department shall submit a report to the court that
59	describes the offender's performance. If the offender's
60	performance has been satisfactory, the court shall issue an
61	order modifying the sentence imposed and placing the offender on
62	probation. The term of probation may include placement in a
63	community residential program. If the offender violates the
64	conditions of probation, the court may revoke probation and
65	impose any sentence that it might have originally imposed as a
66	condition of probation.
67	Section 2.  This act shall take effect July 1, 2005.

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