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Juvie Sentence Review 2024

SB 930: Review of Juvenile Sentences - Thompson

HB 1041: Review of Juvenile Sentences - Bracy Davis

What does this mean?

A person who committed a crime while under 18 years old is entitled to a sentence review UNLESS they had a previous conviction of any of the offenses listed in lines 42-52.

If original sentence is over 25 years, review is at 25 yrs served. If sentence was over 15 yrs, the review may occur at 10 years served.

A review request may not be filed more than 18 months before qualified time. Jail time is included in required years served. The offender must attend hearing so decisions are not made without meeting the offender. If released probation of at least 5 yrs is mandatory but with options for early probation termination.

 Florida Senate - 2024                                     SB 930
       By Senator Thompson
       15-01305-24                                            2024930__
    1                        A bill to be entitled                      
    2         An act relating to review of juvenile sentences;
    3         amending s. 921.1402, F.S.; revising the definition of
    4         the term “juvenile offender”; revising eligibility
    5         requirements for review of sentences for offenses a
    6         person committed while a juvenile; revising duties of
    7         the Department of Corrections concerning such reviews;
    8         revising procedures for initiating a review; providing
    9         for appointment of counsel for indigent offenders;
   10         providing requirements for hearings; requiring a
   11         certain court to render a written ruling within a
   12         specified period; requiring a certain court to
   13         consider specified additional factors in reviewing a
   14         sentence; requiring that concurrent and consecutive
   15         sentences be treated as a single sentence; providing
   16         legislative intent; requiring an annual report
   17         concerning sentence reviews; providing requirements
   18         for the report; providing for retroactive application;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 921.1402, Florida Statutes, is amended
   24  to read:
   25         921.1402 Review of sentences for persons convicted of
   26  specified offenses committed while under the age of 18 years.—
   27         (1) As used in For purposes of this section, the term
   28  “juvenile offender” means a person sentenced to imprisonment in
   29  the custody of the Department of Corrections for an offense
   30  committed on or after July 1, 2014, and committed before he or
   31  she attained 18 years of age.
   32         (2)(a) A juvenile offender sentenced under s.
   33  775.082(1)(b)1. is entitled to a review of his or her sentence
   34  after 25 years. However, a juvenile offender sentenced under s.
   35  775.082(1)(b)1. is not entitled to a review of his or her
   36  sentence if he or she has previously been convicted of one of
   37  the following offenses, or conspiracy to commit one of the
   38  following offenses, if the offense for which the person was
   39  previously convicted was part of a separate criminal transaction
   40  or episode than that which resulted in the sentence under s.
   41  775.082(1)(b)1.:
   42         1. Murder;
   43         2. Manslaughter;
   44         3. Sexual battery;
   45         4. Armed burglary;
   46         5. Armed robbery;
   47         6. Armed carjacking;
   48         7. Home-invasion robbery;
   49         8. Human trafficking for commercial sexual activity with a
   50  child under 18 years of age;
   51         9. False imprisonment under s. 787.02(3)(a); or
   52         10. Kidnapping.
   53         (b) A juvenile offender sentenced to a term of more than 25
   54  years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is
   55  entitled to a review of his or her sentence after 25 years.
   56         (c) A juvenile offender sentenced to a term of more than 15
   57  years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s.
   58  775.082(3)(b)2.b. is entitled to a review of his or her sentence
   59  after 10 15 years.
   60         (d) A juvenile offender sentenced to a term of 20 years or
   61  more under s. 775.082(3)(c) is entitled to a review of his or
   62  her sentence after 10 20 years. If the juvenile offender is not
   63  resentenced at the initial review hearing, he or she is eligible
   64  for one subsequent review hearing 2 10 years after the initial
   65  review hearing.
   66         (3) The Department of Corrections shall do all of the
   67  following:
   68         (a) Notify a juvenile offender of his or her eligibility to
   69  request a sentence review hearing 18 months before the juvenile
   70  offender is entitled to a sentence review hearing under this
   71  section.
   72         (b) Include a juvenile offender’s time spent in county jail
   73  before his or her custody in the Department of Corrections when
   74  calculating the juvenile offender’s eligibility date for
   75  sentence review.
   76         (c) Update a juvenile offender’s classification records to
   77  reflect the potential for early release.
   78         (d) Ensure that a juvenile offender has access to
   79  transitional programming, with the aim of reducing recidivism.
   80         (4)(a) A juvenile offender seeking sentence review pursuant
   81  to subsection (2) must submit an application under Rule 3.996,
   82  Florida Rules of Criminal Procedure, to the court of original
   83  jurisdiction requesting that a sentence review hearing be held.
   84  The juvenile offender may submit the application at any time
   85  following the notice under subsection (3), but not more than 18
   86  months before the judicial review eligibility date.
   87         (b) The juvenile offender must submit a new application to
   88  the court of original jurisdiction to request subsequent
   89  sentence review hearings pursuant to paragraph (2)(d). The
   90  sentencing court shall retain original jurisdiction for the
   91  duration of the sentence for this purpose.
   92         (5)(a) A juvenile offender who is eligible for a sentence
   93  review hearing under this section is entitled to be represented
   94  by counsel, and the court shall appoint a public defender to
   95  represent the juvenile offender if the juvenile offender cannot
   96  afford an attorney. The juvenile offender may file a request for
   97  appointment of counsel, if indigent, to prepare for the judicial
   98  review at any time following the notice under subsection (3),
   99  but not more than 18 months before the judicial review
  100  eligibility date.
  101         (b) At a hearing under this section, the juvenile offender
  102  must be present unless he or she waives the right to be present
  103  in writing. This requirement may be satisfied by the juvenile
  104  offender appearing by video teleconference. The hearing must be
  105  recorded and transcribed.
  106         (6) Upon receiving an application from an eligible juvenile
  107  offender, the court of original sentencing jurisdiction shall
  108  hold a sentence review hearing within 120 days to determine
  109  whether the juvenile offender’s sentence should be modified.
  110  When determining if it is appropriate to modify the juvenile
  111  offender’s sentence, the court shall consider any factor it
  112  deems appropriate, including all of the following:
  113         (a) Whether the juvenile offender demonstrates maturity and
  114  rehabilitation and the current age of the juvenile offender.
  115         (b) Whether the juvenile offender remains at the same level
  116  of risk to society as he or she did at the time of the initial
  117  sentencing.
  118         (c) The opinion of the victim or the victim’s next of kin.
  119  The absence of the victim or the victim’s next of kin from the
  120  sentence review hearing may not be a factor in the determination
  121  of the court under this section. The court shall permit the
  122  victim or victim’s next of kin to be heard, in person, in
  123  writing, or by electronic means. If the victim or the victim’s
  124  next of kin chooses not to participate in the hearing, the court
  125  may consider previous statements made by the victim or the
  126  victim’s next of kin during the trial, initial sentencing phase,
  127  or subsequent sentencing review hearings.
  128         (d) Whether the juvenile offender was a relatively minor
  129  participant in the criminal offense or acted under extreme
  130  duress or the domination of another person.
  131         (e) Whether the juvenile offender has shown sincere and
  132  sustained remorse for the criminal offense.
  133         (f) Whether the juvenile offender’s age, maturity, and
  134  psychological development at the time of the offense affected
  135  his or her behavior.
  136         (g) Whether the juvenile offender has successfully obtained
  137  a high school equivalency diploma or completed another
  138  educational, technical, work, vocational, or self-rehabilitation
  139  program, if such a program is available.
  140         (h) Whether the juvenile offender was a victim of sexual,
  141  physical, or emotional abuse before he or she committed the
  142  offense.
  143         (i) The results of any mental health assessment, risk
  144  assessment, or evaluation of the juvenile offender as to
  145  rehabilitation.
  146         (j) The nature of the offense, including changing societal
  147  attitudes regarding the propriety of criminalizing the offense
  148  and the appropriate sentence for the offense.
  149         (7) If the court determines at a sentence review hearing
  150  that the juvenile offender has been rehabilitated and is
  151  reasonably believed to be fit to reenter society, the court
  152  shall modify the sentence and impose a term of probation of at
  153  least 5 years, which can be terminated early for compliance with
  154  probation guidelines pursuant to s. 948.04. If the court
  155  determines that the juvenile offender has not demonstrated
  156  rehabilitation or is not fit to reenter society, the court shall
  157  issue a written order stating the reasons why the sentence is
  158  not being modified.
  159         (8) If the court does not render a ruling during the
  160  judicial review hearing, the court shall have 90 days to issue a
  161  written ruling on whether the court finds the juvenile offender
  162  has been rehabilitated and is reasonably believed to be fit to
  163  reenter society.
  164         (9) Concurrent and consecutive sentences shall be treated
  165  as a single sentence.
  166         (10) It is the intent of the Legislature that:
  167         (a) All persons sentenced for a crime committed while under
  168  the age of 18 be entitled to periodic case reviews, ensuring
  169  consistent consideration of their evolving circumstances and the
  170  chance to show maturity and rehabilitation before their sentence
  171  ends. The Legislature emphasizes that juvenile sentencing should
  172  align with the lowest permissible punishment as detailed in Rule
  173  3.992, Florida Rules of Criminal Procedure, Criminal Punishment
  174  Code scoresheet, reflecting the distinct nature of juvenile
  175  offenses and the potential for rehabilitation of juvenile
  176  offenders.
  177         (b) Juvenile offenders serving lengthy sentences, with
  178  judicial review hearings on the horizon, be provided with
  179  transitional programming by the Department of Corrections.
  180         (11)(a) By July 1, 2025, and annually thereafter, the State
  181  Courts Administrator shall submit to the President of the Senate
  182  and the Speaker of the House of Representatives a report on
  183  requests for sentence reductions under this section and make the
  184  report available to the public.
  185         (b) Each report must include, for the 1-year period
  186  preceding the report:
  187         1. The number of incarcerated juveniles granted and denied
  188  sentence reductions under this section.
  189         2. The number of incarcerated juveniles released from
  190  prison under this section.
  191         3. The demographic characteristics of the incarcerated
  192  juveniles, including race and gender, and the location,
  193  categorized by judicial circuit and county, of:
  194         a. Those who applied for sentence reductions under this
  195  section.
  196         b. Those granted sentence reductions under this section.
  197         c. Those released from prison under this section.
  198         d. Those denied release from prison under this section.
  199         e. The initial sentencing term, including any prior
  200  resentencing proceedings, of each incarcerated juvenile in
  201  subparagraphs 1. and 2.
  202         f. The applicable Criminal Punishment Code scoresheet total
  203  and mandatory minimums imposed on each incarcerated juvenile in
  204  subparagraphs 1. and 2.
  205         Section 2. This act shall apply retroactively to all
  206  persons serving a sentence for offenses committed while under
  207  the age of 18.
  208         Section 3. This act shall take effect July 1, 2024.

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