HB 5

1	A bill to be entitled
2	An act relating to parole for juvenile offenders;
3	providing a short title; amending s. 947.16, F.S.;
4	providing definitions; providing that a juvenile
5	offender who was less than 18 years of age at the time
6	of commission of a nonhomicide offense and who is
7	sentenced to life imprisonment is eligible for parole
8	if the offender has been incarcerated for a minimum
9	period; requiring an initial eligibility interview to
10	determine whether the juvenile offender has
11	demonstrated maturity and reform for parole; providing
12	criteria to determine maturity and reform; providing
13	eligibility for a reinterview after a specified period
14	for juvenile offenders denied parole; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  This act may be cited as the "Graham Compliance
20	Act."
21	Section 2.  Subsections (2) through (6) of section 947.16,
22	Florida Statutes, are renumbered as subsections (3) through (7),
23	respectively, and a new subsection (2) is added to that section
24	to read:
25	947.16  Eligibility for parole; initial parole interviews;
26	powers and duties of commission; juvenile offender eligibility.-
27	(2)(a)  As used in this subsection, the term:
28	1.  "Juvenile offender" means an offender who was less than
29	18 years of age at the time the nonhomicide offense was
30	committed.
31	2.  "Nonhomicide offense" means an offense that did not
32	result in the death of a human being.
33	(b)  Notwithstanding subsection (1) or any other provision
34	of law to the contrary, a juvenile offender who is sentenced to
35	life imprisonment for a nonhomicide offense may be eligible for
36	parole as provided in this subsection.
37	(c)  Before a juvenile offender may be granted parole under
38	this subsection, she or he must have an initial eligibility
39	interview to determine whether she or he has demonstrated
40	maturity and reform while in the custody of the department to
41	justify granting parole. The initial eligibility interview may
42	occur only after the juvenile offender has served 25 years of
43	incarceration for the offense for which parole is sought. The
44	initial eligibility interview and any subsequent eligibility
45	interviews may occur only if the juvenile offender has received
46	no approved disciplinary reports for at least 3 years before the
47	scheduled eligibility interview.
48	(d)  In determining whether the juvenile offender has
49	demonstrated maturity and reform and whether she or he should be
50	granted parole, the commission must consider all of the
51	following:
52	1.  The wishes of the victim or the opinions of the
53	victim's next of kin.
54	2.  Whether the juvenile offender was a relatively minor
55	participant in the criminal offense or acted under extreme
56	duress or domination of another person.
57	3.  Whether the juvenile offender has shown sincere and
58	sustained remorse for the criminal offense.
59	4.  Whether the juvenile offender's age, maturity, and
60	psychological development at the time of the offense affected
61	her or his behavior.
62	5.  Whether the juvenile offender, while in the custody of
63	the department, has aided inmates suffering from catastrophic or
64	terminal medical, mental, or physical conditions or has
65	prevented risk or injury to staff, citizens, or other inmates.
66	6.  Whether the juvenile offender has successfully
67	completed any General Educational Development or other
68	educational, technical, work, vocational, or self-rehabilitation
69	program.
70	7.  Whether the juvenile offender was a victim of sexual,
71	physical, or emotional abuse before she or he committed the
72	offense.
73	8.  The results of any mental health assessment or
74	evaluation of the juvenile offender.
75	(e)  A juvenile offender who is not granted parole under
76	this subsection after an initial eligibility interview is
77	eligible for a reinterview 7 years after the date of the denial
78	of the grant of parole and every 7 years thereafter.
79	Section 3.  This act shall take effect upon becoming a law.

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