Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 930



       By Senator Thompson





       15-01305-24                                            2024930__
                      A bill to be entitled                      
       An act relating to review of juvenile sentences;
       amending s. 921.1402, F.S.; revising the definition of
       the term “juvenile offender”; revising eligibility
       requirements for review of sentences for offenses a
       person committed while a juvenile; revising duties of
       the Department of Corrections concerning such reviews;
       revising procedures for initiating a review; providing
       for appointment of counsel for indigent offenders;
       providing requirements for hearings; requiring a
       certain court to render a written ruling within a
       specified period; requiring a certain court to
       consider specified additional factors in reviewing a
       sentence; requiring that concurrent and consecutive
       sentences be treated as a single sentence; providing
       legislative intent; requiring an annual report
       concerning sentence reviews; providing requirements
       for the report; providing for retroactive application;
       providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Section 921.1402, Florida Statutes, is amended
to read:
       921.1402 Review of sentences for persons convicted of
specified offenses committed while under the age of 18 years.—
       (1) As used in For purposes of this section, the term
“juvenile offender” means a person sentenced to imprisonment in
the custody of the Department of Corrections for an offense
committed on or after July 1, 2014, and committed before he or
she attained 18 years of age.
       (2)(a) A juvenile offender sentenced under s.
775.082(1)(b)1. is entitled to a review of his or her sentence
after 25 years. However, a juvenile offender sentenced under s.
775.082(1)(b)1. is not entitled to a review of his or her
sentence if he or she has previously been convicted of one of
the following offenses, or conspiracy to commit one of the
following offenses, if the offense for which the person was
previously convicted was part of a separate criminal transaction
or episode than that which resulted in the sentence under s.
775.082(1)(b)1.:
       1. Murder;
       2. Manslaughter;
       3. Sexual battery;
       4. Armed burglary;
       5. Armed robbery;
       6. Armed carjacking;
       7. Home-invasion robbery;
       8. Human trafficking for commercial sexual activity with a
child under 18 years of age;
       9. False imprisonment under s. 787.02(3)(a); or
       10. Kidnapping.
       (b) A juvenile offender sentenced to a term of more than 25
years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is
entitled to a review of his or her sentence after 25 years.
       (c) A juvenile offender sentenced to a term of more than 15
years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s.
775.082(3)(b)2.b. is entitled to a review of his or her sentence
after 10 15 years.
       (d) A juvenile offender sentenced to a term of 20 years or
more under s. 775.082(3)(c) is entitled to a review of his or
her sentence after 10 20 years. If the juvenile offender is not
resentenced at the initial review hearing, he or she is eligible
for one subsequent review hearing 2 10 years after the initial
review hearing.
       (3) The Department of Corrections shall do all of the
following:
       (a) Notify a juvenile offender of his or her eligibility to
request a sentence review hearing 18 months before the juvenile
offender is entitled to a sentence review hearing under this
section.
       (b) Include a juvenile offender’s time spent in county jail
before his or her custody in the Department of Corrections when
calculating the juvenile offender’s eligibility date for
sentence review.
       (c) Update a juvenile offender’s classification records to
reflect the potential for early release.
       (d) Ensure that a juvenile offender has access to
transitional programming, with the aim of reducing recidivism.
       (4)(a) A juvenile offender seeking sentence review pursuant
to subsection (2) must submit an application under Rule 3.996,
Florida Rules of Criminal Procedure, to the court of original
jurisdiction requesting that a sentence review hearing be held.
The juvenile offender may submit the application at any time
following the notice under subsection (3), but not more than 18
months before the judicial review eligibility date.
       (b) The juvenile offender must submit a new application to
the court of original jurisdiction to request subsequent
sentence review hearings pursuant to paragraph (2)(d). The
sentencing court shall retain original jurisdiction for the
duration of the sentence for this purpose.
       (5)(a) A juvenile offender who is eligible for a sentence
review hearing under this section is entitled to be represented
by counsel, and the court shall appoint a public defender to
represent the juvenile offender if the juvenile offender cannot
afford an attorney. The juvenile offender may file a request for
appointment of counsel, if indigent, to prepare for the judicial
review at any time following the notice under subsection (3),
but not more than 18 months before the judicial review
eligibility date.
       (b) At a hearing under this section, the juvenile offender
must be present unless he or she waives the right to be present
in writing. This requirement may be satisfied by the juvenile
offender appearing by video teleconference. The hearing must be
recorded and transcribed.
       (6) Upon receiving an application from an eligible juvenile
offender, the court of original sentencing jurisdiction shall
hold a sentence review hearing within 120 days to determine
whether the juvenile offender’s sentence should be modified.
When determining if it is appropriate to modify the juvenile
offender’s sentence, the court shall consider any factor it
deems appropriate, including all of the following:
       (a) Whether the juvenile offender demonstrates maturity and
rehabilitation and the current age of the juvenile offender.
       (b) Whether the juvenile offender remains at the same level
of risk to society as he or she did at the time of the initial
sentencing.
       (c) The opinion of the victim or the victim’s next of kin.
The absence of the victim or the victim’s next of kin from the
sentence review hearing may not be a factor in the determination
of the court under this section. The court shall permit the
victim or victim’s next of kin to be heard, in person, in
writing, or by electronic means. If the victim or the victim’s
next of kin chooses not to participate in the hearing, the court
may consider previous statements made by the victim or the
victim’s next of kin during the trial, initial sentencing phase,
or subsequent sentencing review hearings.
       (d) Whether the juvenile offender was a relatively minor
participant in the criminal offense or acted under extreme
duress or the domination of another person.
       (e) Whether the juvenile offender has shown sincere and
sustained remorse for the criminal offense.
       (f) Whether the juvenile offender’s age, maturity, and
psychological development at the time of the offense affected
his or her behavior.
       (g) Whether the juvenile offender has successfully obtained
a high school equivalency diploma or completed another
educational, technical, work, vocational, or self-rehabilitation
program, if such a program is available.
       (h) Whether the juvenile offender was a victim of sexual,
physical, or emotional abuse before he or she committed the
offense.
       (i) The results of any mental health assessment, risk
assessment, or evaluation of the juvenile offender as to
rehabilitation.
       (j) The nature of the offense, including changing societal
attitudes regarding the propriety of criminalizing the offense
and the appropriate sentence for the offense.
       (7) If the court determines at a sentence review hearing
that the juvenile offender has been rehabilitated and is
reasonably believed to be fit to reenter society, the court
shall modify the sentence and impose a term of probation of at
least 5 years, which can be terminated early for compliance with
probation guidelines pursuant to s. 948.04. If the court
determines that the juvenile offender has not demonstrated
rehabilitation or is not fit to reenter society, the court shall
issue a written order stating the reasons why the sentence is
not being modified.
       (8) If the court does not render a ruling during the
judicial review hearing, the court shall have 90 days to issue a
written ruling on whether the court finds the juvenile offender
has been rehabilitated and is reasonably believed to be fit to
reenter society.
       (9) Concurrent and consecutive sentences shall be treated
as a single sentence.
       (10) It is the intent of the Legislature that:
       (a) All persons sentenced for a crime committed while under
the age of 18 be entitled to periodic case reviews, ensuring
consistent consideration of their evolving circumstances and the
chance to show maturity and rehabilitation before their sentence
ends. The Legislature emphasizes that juvenile sentencing should
align with the lowest permissible punishment as detailed in Rule
3.992, Florida Rules of Criminal Procedure, Criminal Punishment
Code scoresheet, reflecting the distinct nature of juvenile
offenses and the potential for rehabilitation of juvenile
offenders.
       (b) Juvenile offenders serving lengthy sentences, with
judicial review hearings on the horizon, be provided with
transitional programming by the Department of Corrections.
       (11)(a) By July 1, 2025, and annually thereafter, the State
Courts Administrator shall submit to the President of the Senate
and the Speaker of the House of Representatives a report on
requests for sentence reductions under this section and make the
report available to the public.
       (b) Each report must include, for the 1-year period
preceding the report:
       1. The number of incarcerated juveniles granted and denied
sentence reductions under this section.
       2. The number of incarcerated juveniles released from
prison under this section.
       3. The demographic characteristics of the incarcerated
juveniles, including race and gender, and the location,
categorized by judicial circuit and county, of:
       a. Those who applied for sentence reductions under this
section.
       b. Those granted sentence reductions under this section.
       c. Those released from prison under this section.
       d. Those denied release from prison under this section.
       e. The initial sentencing term, including any prior
resentencing proceedings, of each incarcerated juvenile in
subparagraphs 1. and 2.
       f. The applicable Criminal Punishment Code scoresheet total
and mandatory minimums imposed on each incarcerated juvenile in
subparagraphs 1. and 2.
       Section 2. This act shall apply retroactively to all
persons serving a sentence for offenses committed while under
the age of 18.
       Section 3. This act shall take effect July 1, 2024.
Statutes affected: 
S 930 Filed: 921.1402