| 1 | The Juvenile Justice Committee recommends the following: | 
| 2 | 
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| 3 | Council/Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to youthful offenders; amending ss. | 
| 7 | 958.045 and 958.11, F.S.; revising sentencing provisions | 
| 8 | for juvenile offenders who violate the terms of their | 
| 9 | probation; revising references to obsolete offices within | 
| 10 | the Department of Corrections relating to youthful | 
| 11 | offenders; providing an effective date. | 
| 12 | 
 | 
| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
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| 15 | Section 1.  Subsection (2), paragraph (c) of subsection | 
| 16 | (5), and paragraph (a) of subsection (8) of section 958.045, | 
| 17 | Florida Statutes, are amended to read: | 
| 18 | 958.045  Youthful offender basic training program.-- | 
| 19 | (2)(a)  Upon receipt of a youthful offender offenders, the | 
| 20 | department shall screen the offender offendersfor the basic | 
| 21 | training program. To participate, an offender must have no | 
| 22 | physical limitations that preclude participation in strenuous | 
| 23 | activity, must not be impaired, and must not have been | 
| 24 | previously incarcerated in a state or federal correctional | 
| 25 | facility. In screening an offender offendersfor the basic | 
| 26 | training program, the department shall consider the offender's | 
| 27 | criminal history and the possible rehabilitative benefits of | 
| 28 | "shock" incarceration. | 
| 29 | (b)  If an offender meets the specified criteria and space | 
| 30 | is available, the department shall request, in writing from the | 
| 31 | sentencing court, approval for the offender to participate in | 
| 32 | the basic training program. When If the person is classified by | 
| 33 | the department as a youthful offender andthe department | 
| 34 | requests is requestingapproval from the sentencing court for | 
| 35 | placement of an offender in a basic training theprogram, the | 
| 36 | department shall, at the same time, notify the state attorney | 
| 37 | that the offender is being considered for placement in the basic | 
| 38 | training program. The notice must explain that the purpose of | 
| 39 | such placement is diversion from lengthy incarceration when a | 
| 40 | short "shock" incarceration could produce the same deterrent | 
| 41 | effect, and that the state attorney may, within 14 days after | 
| 42 | the mailing of the notice, notify the sentencing court in | 
| 43 | writing of objections, if any, to the placement of the offender | 
| 44 | in the basic training program. | 
| 45 | (c)  The sentencing court shall notify the department in | 
| 46 | writing of placement approval no later than 21 days after | 
| 47 | receipt of the department's request for placement of the | 
| 48 | youthful offender in the basic training program. Failure to | 
| 49 | notify the department within 21 days shall be considered an | 
| 50 | approval by the sentencing court for placing the youthful | 
| 51 | offender in the basic training program. Each state attorney may | 
| 52 | develop procedures for notifying the victim that the offender is | 
| 53 | being considered for placement in the basic training 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 | (8)(a)  The department Assistant Secretary for Youthful | 
| 68 | Offendersshall continuously screen all institutions, | 
| 69 | facilities, and programs for any inmate who meets the | 
| 70 | eligibility requirements for youthful offender designation | 
| 71 | specified in s. 958.04, whose age does not exceed 24 years. The | 
| 72 | department may classify and assign as a youthful offender any | 
| 73 | inmate who meets the criteria of s. 958.04. | 
| 74 | Section 2.  Subsections (4), (5), and (6) of section | 
| 75 | 958.11, Florida Statutes, are amended to read: | 
| 76 | 958.11  Designation of institutions and programs for | 
| 77 | youthful offenders; assignment from youthful offender | 
| 78 | institutions and programs.-- | 
| 79 | (4)  The department Office of the Assistant Secretary for | 
| 80 | Youthful Offendersshall continuously screen all institutions, | 
| 81 | facilities, and programs for any inmate who meets the | 
| 82 | eligibility requirements for youthful offender designation | 
| 83 | specified in s. 958.04(1)(a) and (c) whose age does not exceed | 
| 84 | 24 years and whose total length of sentence does not exceed 10 | 
| 85 | years, and the department may classify and assign as a youthful | 
| 86 | offender any inmate who meets the criteria of this subsection. | 
| 87 | (5)  The department Population Movement and Control | 
| 88 | Coordinatorshall coordinate all youthful offender assignments | 
| 89 | or transfers and shall consult with the Office of the Assistant | 
| 90 | Secretary for Youthful Offenders. The departmentOffice of the | 
| 91 | Assistant Secretary for Youthful Offendersshall review and | 
| 92 | maintain access to full and complete documentation and | 
| 93 | substantiation of all such assignments or transfers of youthful | 
| 94 | offenders to or from facilities in the state correctional system | 
| 95 | that whichare not designated for their care, custody, and | 
| 96 | control, except assignments or transfers made pursuant to | 
| 97 | paragraph (3)(c). | 
| 98 | (6)  The department may assign to a youthful offender | 
| 99 | facility any inmate, except a capital or life felon, whose age | 
| 100 | does not exceed 19 years but who does not otherwise meet the | 
| 101 | criteria of this section, if the department Assistant Secretary | 
| 102 | for Youthful Offendersdetermines that such inmate's mental or | 
| 103 | physical vulnerability would substantially or materially | 
| 104 | jeopardize his or her safety in a nonyouthful offender facility. | 
| 105 | Assignments made under this subsection shall be included in the | 
| 106 | department's annual report. | 
| 107 | Section 3.  This act shall take effect July 1, 2005. |