Senate Bill sb0446

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    Florida Senate - 2005                                   SB 446

    By Senator Geller





    31-118A-05

  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

  5         sentenced to life or more than 10 years in

  6         prison is eligible for parole if the child has

  7         been incarcerated for a minimum period and has

  8         not previously been adjudicated for certain

  9         offenses; requiring that the child be

10         incarcerated in a youthful-offender facility;

11         providing for review of a child's eligibility

12         for parole by the Parole Commission; requiring

13         the commission to conduct an initial interview

14         with the child within a minimum time; providing

15         that, if the child is not granted parole by the

16         time the child reaches a specified age, or

17         after the child receives a second

18         parole-eligibility review before that age, the

19         child must be transferred from the

20         youthful-offender facility to an appropriate

21         adult facility; providing an effective date.

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

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

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

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

28         985.225  Indictment of a juvenile.--

29         (4)(a)  If the child is 15 years of age or younger and

30  is sentenced to life imprisonment or to a minimum term of

31  imprisonment in excess of 10 years, the child is eligible for

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    Florida Senate - 2005                                   SB 446
    31-118A-05




 1  parole when he or she has served 8 years of that sentence if

 2  he or she has not previously been adjudicated for a violation

 3  of:

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

 5         2.  Section 784.03, relating to battery;

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

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

 8         (b)  Except as otherwise provided in s. 958.11(3), the

 9  child shall be incarcerated in a facility for youthful

10  offenders.

11         (c)  The Parole Commission shall review the child's

12  eligibility for release under ss. 947.16-947.26, except that

13  the commission shall conduct the initial interview with the

14  child within 2 months after the initial date of confinement in

15  execution of the judgment. The age and maturity of the child

16  at the time of the offense and the wishes of the victim or the

17  victim's next of kin must be considered in establishing the

18  presumptive parole release date. If the child has not been

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

20  or is not granted parole after a second eligibility review

21  conducted by the commission before the child reaches 25 years

22  of age, the child shall be transferred from the facility for

23  youthful offenders to an appropriate facility for adults.

24         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 446
    31-118A-05




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 2                          SENATE SUMMARY

 3    Provides that a child, 15 years of age or younger, who is
      sentenced to life or more than 10 years in prison is
 4    eligible for parole if he or she has been incarcerated
      for a minimum period and has no previous violation of
 5    certain offenses. Requires that the child be incarcerated
      in a youthful-offender facility. Provides for review of a
 6    child's eligibility for parole release by the Parole
      Commission. Requires the commission to conduct an
 7    interview with the child within 2 months after the
      initial date of confinement. Provides that, if the child
 8    is not granted parole by the time the child reaches the
      age of 25, or after the child receives a second parole
 9    eligibility review before that age, he or she must be
      transferred from the youthful-offender facility to an
10    appropriate adult facility.

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