Florida Senate - 2021                                     SB 662
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00832-21                                            2021662__
    1                        A bill to be entitled                      
    2         An act relating to resentencing; creating s. 921.30,
    3         F.S.; providing legislative intent; authorizing the
    4         state attorney of a judicial circuit in which an
    5         offender was sentenced for a felony offense to
    6         petition the sentencing court to resentence the
    7         offender if the original sentence no longer advances
    8         the interests of justice; authorizing a court to grant
    9         or deny the petition; providing requirements if the
   10         sentencing court grants the petition; authorizing the
   11         court to consider specified postconviction factors;
   12         requiring that credit be given for time served;
   13         providing requirements for state attorneys; requiring
   14         a court to provide an opportunity for victims of the
   15         offender’s crimes to present statements; providing
   16         applicability; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 921.30, Florida Statutes, is created to
   21  read:
   22         921.30 State attorney petition for offender resentencing.—
   23         (1) It is the intent of the Legislature to give prosecutors
   24  the discretion to petition a sentencing court to resentence an
   25  individual if the individual’s sentence no longer advances the
   26  interests of justice. The purpose of sentencing is to advance
   27  public safety through punishment, rehabilitation, and
   28  restorative justice. When a sentence includes incarceration,
   29  this purpose is best served by terms that are proportionate to
   30  the seriousness of the offense and provide uniformity with the
   31  sentences of offenders committing the same offense under similar
   32  circumstances. By providing a means to reevaluate a sentence
   33  after some time has passed, the Legislature intends to provide
   34  prosecutors and courts with another tool to ensure these
   35  purposes are achieved.
   36         (2) The state attorney of a judicial circuit in which an
   37  offender was sentenced for a felony offense may petition the
   38  sentencing court to resentence the offender if the original
   39  sentence no longer advances the interests of justice.
   40         (3) The court may grant or deny a petition under this
   41  section. If the sentencing court grants a petition, it must
   42  resentence the defendant in the same manner as if the offender
   43  had not previously been sentenced, and it may not impose a new
   44  sentence greater than the initial sentence.
   45         (4) The court may consider postconviction factors
   46  including, but not limited to, the inmate’s disciplinary record
   47  and record of rehabilitation while incarcerated; evidence that
   48  reflects whether age, time served, and diminished physical
   49  condition, if any, have reduced the inmate’s risk for future
   50  violence; and evidence that reflects changed circumstances since
   51  the inmate’s original sentencing such that the inmate’s
   52  continued incarceration no longer serves the interests of
   53  justice. Credit must be given for time served.
   54         (5) The state attorney shall make reasonable efforts to
   55  notify victims and survivors of victims of the petition for
   56  resentencing and the date of the resentencing hearing. The state
   57  attorney shall provide victims and survivors of victims access
   58  to available victim advocates and other related services. The
   59  court shall provide an opportunity for victims and survivors of
   60  victims of any crimes for which the offender has been convicted
   61  to present a statement personally or by representation.
   62         (6) A resentencing under this section does not reopen the
   63  defendant’s conviction to challenges that would otherwise be
   64  barred.
   65         Section 2. This act shall take effect July 1, 2021.