Florida Senate - 2021                              CS for SB 662
       
       
        
       By the Committee on Judiciary; and Senators Brandes and Rouson
       
       
       
       
       
       590-02343-21                                           2021662c1
    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 offender in the same manner as if the offender
   43  had not previously been sentenced, except that it may not impose
   44  a new sentence greater than the initial sentence.
   45         (4) The court may consider postconviction factors
   46  including, but not limited to, the offender’s inmate
   47  disciplinary record and record of rehabilitation while
   48  incarcerated; evidence that reflects whether age, time served,
   49  and diminished physical condition, if any, have reduced the
   50  offender’s risk of recidivism; and evidence that reflects
   51  changed circumstances since the offender’s original sentencing
   52  such that the offender’s continued incarceration no longer
   53  serves the interests of justice. Credit must be given for time
   54  served.
   55         (5) The state attorney shall make reasonable efforts to
   56  notify victims and survivors of victims of the petition for
   57  resentencing and the date of the resentencing hearing. The state
   58  attorney shall provide victims and survivors of victims access
   59  to available victim advocates and other related services. The
   60  court shall provide an opportunity for victims and survivors of
   61  victims of any crimes for which the offender has been convicted
   62  to present a statement personally or by representation.
   63         (6) A resentencing under this section does not reopen the
   64  offender’s conviction to challenges that would otherwise be
   65  barred.
   66         Section 2. This act shall take effect July 1, 2021, and
   67  shall apply to all offenders regardless of the date of the
   68  offense.