Bill Text: FL H0029 | 2011 | Regular Session | Introduced


Bill Title: Parole for Juvenile Offenders

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0029 Detail]

Download: Florida-2011-H0029-Introduced.html
HB 29

1
A bill to be entitled
2An act relating to parole for juvenile offenders;
3providing a short title; amending s. 947.16, F.S.;
4providing definitions; providing that a juvenile offender
5who was less than 18 years of age at the time of
6commission of a nonhomicide offense and who is sentenced
7to life imprisonment is eligible for parole if the
8offender has been incarcerated for a minimum period;
9requiring an initial eligibility interview to determine
10whether the juvenile offender has demonstrated maturity
11and reform for parole; providing criteria to determine
12maturity and reform; providing eligibility for a
13reinterview after a specified period for juvenile
14offenders denied parole; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  This act may be cited as the "Graham Compliance
19Act."
20     Section 2.  Subsections (2) through (6) of section 947.16,
21Florida Statutes, are renumbered as subsections (3) through (7),
22respectively, and a new subsection (2) is added to that section
23to read:
24     947.16  Eligibility for parole; initial parole interviews;
25powers and duties of commission; juvenile offender eligibility.-
26     (2)(a)  As used in this subsection, the term:
27     1.  "Juvenile offender" means an offender who was less than
2818 years of age at the time the nonhomicide offense was
29committed.
30     2.  "Nonhomicide offense" means an offense that did not
31result in the death of a human being.
32     (b)  Notwithstanding subsection (1) or any other provision
33of law to the contrary, a juvenile offender who is sentenced to
34life imprisonment for a nonhomicide offense may be eligible for
35parole as provided in this subsection.
36     (c)  Before a juvenile offender may be granted parole under
37this subsection, she or he must have an initial eligibility
38interview to determine whether she or he has demonstrated
39maturity and reform while in the custody of the department to
40justify granting parole. The initial eligibility interview must
41occur only after the juvenile offender serves 25 years of
42incarceration. The initial eligibility interview and any
43subsequent eligibility interviews must occur only if the
44juvenile offender has received no approved disciplinary reports
45for at least 3 years before the scheduled eligibility interview.
46     (d)  In determining whether the juvenile offender has
47demonstrated maturity and reform and whether she or he should be
48granted parole, the commission must consider all of the
49following:
50     1.  The wishes of the victim or the opinions of the
51victim's next of kin.
52     2.  Whether the juvenile offender was a relatively minor
53participant in the criminal offense or acted under extreme
54duress or domination of another person.
55     3.  Whether the juvenile offender has shown sincere and
56sustained remorse for the criminal offense.
57     4.  Whether the juvenile offender's age, maturity, and
58psychological development at the time of the offense affected
59her or his behavior.
60     5.  Whether the juvenile offender, while in the custody of
61the department, has aided inmates suffering from catastrophic or
62terminal medical, mental, or physical conditions or has
63prevented risk or injury to staff, citizens, or other inmates.
64     6.  Whether the juvenile offender has successfully
65completed any General Educational Development, other
66educational, technical, work, vocational, or available self-
67rehabilitation program.
68     7.  Whether the juvenile offender was a victim of sexual,
69physical, or emotional abuse prior to the time of the offense.
70     8.  The results of any mental health assessment or
71evaluation that has been performed on the juvenile offender.
72     (e)  A juvenile offender who is not granted parole under
73this subsection after an initial eligibility interview is
74eligible for a reinterview 7 years after the date of the denial
75of the grant of parole and every 7 years thereafter.
76     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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