Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 662
       
       
       
       
       
       
                                Ì608624-Î608624                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 42 - 65
    4  and insert:
    5         resentence the offender in the same manner as if the
    6  offender had not previously been sentenced, except that it may
    7  not impose a new sentence greater than the initial sentence.
    8         (4) The court may consider postconviction factors
    9  including, but not limited to, the offender’s inmate
   10  disciplinary record and record of rehabilitation while
   11  incarcerated; evidence that reflects whether age, time served,
   12  and diminished physical condition, if any, have reduced the
   13  offender’s risk of recidivism; and evidence that reflects
   14  changed circumstances since the offender’s original sentencing
   15  such that the offender’s continued incarceration no longer
   16  serves the interests of justice. Credit must be given for time
   17  served.
   18         (5) The state attorney shall make reasonable efforts to
   19  notify victims and survivors of victims of the petition for
   20  resentencing and the date of the resentencing hearing. The state
   21  attorney shall provide victims and survivors of victims access
   22  to available victim advocates and other related services. The
   23  court shall provide an opportunity for victims and survivors of
   24  victims of any crimes for which the offender has been convicted
   25  to present a statement personally or by representation.
   26         (6) A resentencing under this section does not reopen the
   27  offender’s conviction to challenges that would otherwise be
   28  barred.
   29         Section 2. This act shall take effect July 1, 2021, and
   30  shall apply to all offenders regardless of the date of the
   31  offense.