Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1350
       
       
       
       
       
       
                                Barcode 813126                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/25/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Joyner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 57 and 58
    4  insert:
    5  
    6         (c)1. A person who is sentenced under paragraph (b) shall
    7  have his or her sentence reviewed after 25 years of
    8  incarceration. The sentencing court shall retain original
    9  jurisdiction for the duration of the sentence for this purpose.
   10  The Department of Corrections shall notify each juvenile
   11  offender who is committed to the department of her or his
   12  eligibility to participate in a resentencing hearing within 18
   13  months after 24 years of incarceration. The juvenile offender
   14  may apply to the court of original jurisdiction requesting that
   15  a resentencing hearing be held.
   16         2. A juvenile offender is entitled to be represented by
   17  counsel, and the court shall appoint a public defender to
   18  represent the juvenile offender if the juvenile cannot afford an
   19  attorney.
   20         3. The court shall hold a resentencing hearing to determine
   21  whether the juvenile offender’s sentence should be modified. The
   22  resentencing court shall consider all of the following factors:
   23         a. Whether the juvenile offender demonstrates maturity and
   24  rehabilitation.
   25         b. Whether the juvenile offender remains at the same level
   26  of risk to society as he or she was at the time of the initial
   27  sentencing.
   28         c. The opinion of the victim’s next of kin. The absence of
   29  the victim’s next of kin from the resentencing hearing is not a
   30  factor in the court’s determination under this section.
   31         d. Whether the juvenile offender was a relatively minor
   32  participant in the criminal offense or acted under extreme
   33  duress or the domination of another person.
   34         e. Whether the juvenile has shown sincere and sustained
   35  remorse for the criminal offense.
   36         f. Whether the juvenile offender’s age, maturity, and
   37  psychological development at the time of the offense affected
   38  his or her behavior.
   39         g. Whether the juvenile offender has successfully obtained
   40  a general educational development [GED] certificate or completed
   41  any other educational, technical, work, vocational, or self
   42  rehabilitation program.
   43         h. Whether the juvenile offender was a victim of sexual,
   44  physical, or emotional abuse before he or she committed the
   45  offense.
   46         i. The results of any mental health assessment, risk
   47  assessment, or evaluation of the juvenile offender as they apply
   48  to rehabilitation.
   49         4. If the court determines at the resentencing hearing that
   50  the juvenile offender has been rehabilitated and is reasonably
   51  believed to be fit to reenter society based on these factors, a
   52  term of probation of at least 5 years, shall be imposed. If the
   53  court determines that the juvenile offender has not demonstrated
   54  rehabilitation and is not fit to reenter society based on these
   55  factors, the court shall issue an order in writing stating why
   56  the sentence is not being modified.
   57         5. A juvenile offender who is not resentenced under this
   58  paragraph at the initial resentencing is eligible for up to
   59  three more sentencing reviews. A minimum of 5 years must pass
   60  before the individual is eligible for the sentencing review. A
   61  juvenile sentenced to a term of years less than life may not
   62  petition the court for a review of her or his sentence if she or
   63  he is in the last 7 years of her or his sentence.
   64         (d) This subsection shall apply retroactively.
   65  ================= T I T L E  A M E N D M E N T ================
   66         And the title is amended as follows:
   67         Delete line 7
   68  and insert:
   69         imprisonment is an appropriate sentence; providing
   70         that certain persons for whom a life sentence is
   71         appropriate may have the sentence reviewed after 24
   72         years of incarceration; specifying that the juvenile
   73         offender is entitled to be represented by counsel;
   74         requiring the court to consider certain specified
   75         factors before resentencing the juvenile offender;
   76         requiring at least 5 years of probation if released
   77         into the community; providing that an offender is
   78         eligible for up to three sentencing reviews; requiring
   79         that a minimum of 5 years must pass before the
   80         offender is eligible for the sentencing review;
   81         providing for retroactive application; providing an