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SB 1080: Prosecuting Children as Adults - Powell HB 969: Direct Filing of an Information - Chambliss What does this mean? A child may NOT be held in adult jail. A child AND his/her legal guardian MUST be informed of their right to evidentiary hearing due process and hearing must be held within 30 days to determine if it is necessary to prosecute the child as an adult utilizing the list in (3)(a). Florida Senate - 2024                                    SB 1080 By Senator Powell 24-01252-24 20241080__ 1 A bill to be entitled 2 An act relating to prosecuting children as adults; 3 amending s. 985.265, F.S.; prohibiting a jail or other 4 facility intended or used for the detention of adults 5 from holding a child who has been transferred to adult 6 court for criminal prosecution before a specified 7 hearing is held to determine if the child should be 8 prosecuted as an adult, unless the child waives his or 9 her right to such hearing; amending s. 985.556, F.S.; 10 deleting provisions requiring a state attorney to 11 request a court to transfer and certify a child for 12 prosecution as an adult or to provide written reasons 13 to the court for not making such request, or to 14 proceed under a specified provision; amending s. 15 985.557, F.S.; deleting references to the state 16 attorney’s discretion to direct file a juvenile; 17 revising discretionary direct file criteria; requiring 18 a court to advise a child and his or her parent or 19 legal guardian of the child’s right to a due process 20 evidentiary hearing before a judge upon the filing by 21 a state attorney of an information transferring the 22 child to adult court; requiring that the child or the 23 child’s parent or legal guardian be afforded such 24 hearing; requiring the judge to conduct the hearing 25 within a certain timeframe; requiring the judge to 26 consider specified information and factors during such 27 hearing; authorizing the judge to consider, and 28 certain parties to the action to examine, certain 29 reports; providing for continued jurisdiction of the 30 adult court with regard to the child unless the court 31 makes a specified finding by a preponderance of the 32 evidence; requiring the adult court to render an order 33 that includes certain findings of fact; authorizing 34 immediate review of the order; providing that the 35 order is reviewable on appeal under specified rules; 36 amending ss. 985.15 and 985.565, F.S.; conforming 37 provisions to changes made by the act; amending s. 38 985.03, F.S.; conforming a cross-reference; providing 39 an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsection (5) of section 985.265, Florida 44 Statutes, is amended to read: 45 985.265 Detention transfer and release; education; adult 46 jails.— 47 (5) The court shall order the delivery of a child to a jail 48 or other facility intended or used for the detention of adults: 49 (a) When the child has been transferred or indicted for 50 criminal prosecution as an adult under part X, except that: 51 1. The court may not order or allow a child alleged to have 52 committed a misdemeanor who is being transferred for criminal 53 prosecution pursuant to either s. 985.556 or s. 985.557 to be 54 detained or held in a jail or other facility intended or used 55 for the detention of adults; however, such child may be held 56 temporarily in a detention facility; and 57 2. A child who has been transferred for criminal 58 prosecution as an adult pursuant to s. 985.557 may not be held 59 in a jail or other facility intended or used for the detention 60 of adults before a court finding, as a result of a hearing 61 provided for under s. 985.557(3), that the child should be 62 prosecuted as an adult, unless the child waives his or her right 63 to such hearing; or 64 (b) When a child taken into custody in this state is wanted 65 by another jurisdiction for prosecution as an adult. 66 67 The child shall be housed separately from adult inmates to 68 prohibit a child from having regular contact with incarcerated 69 adults, including trusties. “Regular contact” means sight and 70 sound contact. Separation of children from adults shall permit 71 no more than haphazard or accidental contact. The receiving jail 72 or other facility shall contain a separate section for children 73 and shall have an adequate staff to supervise and monitor the 74 child’s activities at all times. Supervision and monitoring of 75 children includes physical observation and documented checks by 76 jail or receiving facility supervisory personnel at intervals 77 not to exceed 10 minutes. This subsection does not prohibit 78 placing two or more children in the same cell. Under no 79 circumstances shall a child be placed in the same cell with an 80 adult. 81 Section 2. Subsections (2) and (3) of section 985.556, 82 Florida Statutes, are amended to read: 83 985.556 Waiver of juvenile court jurisdiction; hearing.— 84 (2) INVOLUNTARY DISCRETIONARY WAIVER.—Except as provided in 85 subsection (3), The state attorney may file a motion requesting 86 the court to transfer the child for criminal prosecution if the 87 child was 14 years of age or older at the time the alleged 88 delinquent act or violation of law was committed. 89 (3) INVOLUNTARY MANDATORY WAIVER.— 90 (a) If the child was 14 years of age or older, and if the 91 child has been previously adjudicated delinquent for an act 92 classified as a felony, which adjudication was for the 93 commission of, attempt to commit, or conspiracy to commit 94 murder, sexual battery, armed or strong-armed robbery, 95 carjacking, home-invasion robbery, aggravated battery, 96 aggravated assault, or burglary with an assault or battery, and 97 the child is currently charged with a second or subsequent 98 violent crime against a person; or 99 (b) If the child was 14 years of age or older at the time 100 of commission of a fourth or subsequent alleged felony offense 101 and the child was previously adjudicated delinquent or had 102 adjudication withheld for or was found to have committed, or to 103 have attempted or conspired to commit, three offenses that are 104 felony offenses if committed by an adult, and one or more of 105 such felony offenses involved the use or possession of a firearm 106 or violence against a person; 107 108 the state attorney shall request the court to transfer and 109 certify the child for prosecution as an adult or shall provide 110 written reasons to the court for not making such request, or 111 proceed under s. 985.557(1). Upon the state attorney’s request, 112 the court shall either enter an order transferring the case and 113 certifying the case for trial as if the child were an adult or 114 provide written reasons for not issuing such an order. 115 Section 3. Section 985.557, Florida Statutes, is amended to 116 read: 117 985.557 Prosecuting children as adults Direct filing of an 118 information; discretionary criteria.— 119 (1) DISCRETIONARY PROSECUTION OF CHILDREN AS ADULTS DIRECT 120 FILE.— 121 (a) With respect to any child who was 14 or 15 years of age 122 at the time the alleged offense was committed, the state 123 attorney may file an information when in the state attorney’s 124 judgment and discretion the public interest requires that adult 125 sanctions be considered or imposed and when the offense charged 126 is for the commission of, attempt to commit, or conspiracy to 127 commit: 128 1. Arson; 129 2. Sexual battery; 130 3. Robbery; 131 4. Kidnapping; 132 5. Aggravated child abuse; 133 6. Aggravated assault; 134 7. Aggravated stalking; 135 8. Murder; 136 9. Manslaughter; 137 10. Unlawful throwing, placing, or discharging of a 138 destructive device or bomb; 139 11. Armed burglary in violation of s. 810.02(2)(b) or 140 specified burglary of a dwelling or structure in violation of s. 141 810.02(2)(c), or burglary with an assault or battery in 142 violation of s. 810.02(2)(a); 143 12. Aggravated battery; 144 13. Any lewd or lascivious offense committed upon or in the 145 presence of a person less than 16 years of age; 146 14. Carrying, displaying, using, threatening, or attempting 147 to use a weapon or firearm during the commission of a felony; 148 15. Grand theft in violation of s. 812.014(2)(a); 149 16. Possessing or discharging any weapon or firearm on 150 school property in violation of s. 790.115; 151 17. Home invasion robbery; 152 18. Carjacking; or 153 19. Grand theft of a motor vehicle in violation of s. 154 812.014(2)(c)6. or grand theft of a motor vehicle valued at 155 $20,000 or more in violation of s. 812.014(2)(b) if the child 156 has a previous adjudication for grand theft of a motor vehicle 157 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). 158 (b) With respect to any child who was 16 or 17 years of age 159 at the time the alleged forcible felony as defined in s. 776.08 160 offense was committed, the state attorney may file an 161 information when in the state attorney’s judgment and discretion 162 the public interest requires that adult sanctions be considered 163 or imposed. However, the state attorney may not file an 164 information on a child charged with a misdemeanor, unless the 165 child has had at least two previous adjudications or 166 adjudications withheld for delinquent acts, one of which 167 involved an offense classified as a forcible felony as defined 168 in s. 776.08 under state law. 169 (2) NOTIFICATION TO PARENT OR GUARDIAN.—Upon the filing by 170 the state attorney of an information transferring a child to 171 adult court, the court must advise the child and his or her 172 parent or legal guardian that the child has the right to a due 173 process evidentiary hearing before a judge. 174 (3) DUE PROCESS EVIDENTIARY HEARING.—Notwithstanding any 175 other law, and in all cases, a child charged with a crime or his 176 or her parent or legal guardian must be afforded a due process 177 evidentiary hearing before a judge after the state attorney 178 files an information in adult court under this section. 179 (a) The judge shall conduct the hearing within 30 days 180 after the request, excluding Saturdays, Sundays, and legal 181 holidays, unless the child or the child’s attorney shows good 182 cause for a delay. The purpose of the hearing is for the court 183 to determine whether it is necessary for the community’s 184 protection that the child be prosecuted in adult court. The 185 judge shall consider all of the following: 186 1. Evaluations and assessments completed by the department. 187 2. The sophistication and maturity of the child, including: 188 a. The effect, if any, of immaturity, impetuosity, or 189 failure to appreciate risks and consequences on the child’s 190 participation in the alleged offense. 191 b. The child’s age, maturity, intellectual capacity, and 192 mental and emotional health at the time of the alleged offense. 193 c. The effect, if any, of characteristics attributable to 194 the child’s youth on his or her judgment. 195 3. The record and previous history of the child, including: 196 a. Previous contacts with the department, the Department of 197 Corrections, the Department of Children and Families, other law 198 enforcement agencies, and the courts. 199 b. Prior periods of probation. 200 c. Prior adjudications that the child committed a 201 delinquent act or violation of law, with greater weight being 202 given if a court previously found that the child committed a 203 delinquent act or violation of law involving violence to 204 persons. 205 d. Prior commitments to institutions of the department, the 206 Department of Corrections, or agencies under contract with 207 either department. 208 e. Any history of trauma, abuse or neglect, foster care 209 placements, failed adoption, fetal alcohol syndrome, exposure to 210 controlled substances at birth, or below-average intellectual 211 functioning. 212 f. Identification of the child as a student requiring 213 exceptional student education or having previously received 214 psychological services. 215 4. The nature of the alleged offense and the child’s 216 participation in it, including: 217 a. Whether the alleged offense is punishable by death or 218 life imprisonment. 219 b. Whether the alleged offense was against persons or 220 property. 221 c. Whether the alleged offense is alleged to have been 222 committed in an aggressive, violent, or premeditated manner. 223 d. The extent of the child’s participation in the alleged 224 offense. 225 e. The effect, if any, of familial pressure or peer 226 pressure on the child’s actions. 227 5. The prospects for adequate protection of the public and 228 the likelihood of reasonable rehabilitation of the child, if the 229 child is found to have committed the alleged offense: 230 a. By the use of procedures, services, and facilities 231 currently available to the juvenile court. 232 b. By the use of procedures, services, and facilities 233 currently available to the adult court, including whether the 234 lowest permissible sentence under the Criminal Punishment Code 235 is a nonstate prison sanction. 236 6. Whether the child could obtain habilitative or 237 rehabilitative services available in the juvenile justice 238 system. 239 7. Whether the child could receive a sentence in juvenile 240 court which would provide adequate safety and protection for the 241 community. 242 8. Whether the child’s best interests would be served by 243 prosecuting the child in juvenile court. 244 (b) The judge may consider any reports that may assist the 245 court, including prior predisposition reports, psychosocial 246 assessments, individual educational plans, developmental 247 assessments, school records, abuse or neglect reports, home 248 studies, protective investigations, and psychological and 249 psychiatric evaluations. The child, the child’s parent or legal 250 guardian, his or her defense counsel, and the state attorney may 251 examine these reports and, at the hearing, question the parties 252 responsible for creating them. 253 (c) The adult court shall retain jurisdiction unless the 254 court finds by a preponderance of the evidence that the factors 255 listed in paragraph (a) support returning the child to juvenile 256 court. 257 (d) The adult court shall render an order that includes 258 specific findings of fact and the reasons for its decision. The 259 prosecution or defense may seek immediate review of the order 260 through interlocutory appeal. The order is reviewable on appeal 261 under the Florida Rules of Appellate Procedure. 262 (4)(2) EFFECT OF PROSECUTING CHILDREN AS ADULTS DIRECT 263 FILE.— 264 (a) Once a child has been transferred for criminal 265 prosecution pursuant to an information and has been found to 266 have committed the presenting offense or a lesser included 267 offense, the child shall be handled thereafter in every respect 268 as if an adult for any subsequent violation of state law, unless 269 the court imposes juvenile sanctions under s. 985.565. 270 (b) When a child is transferred for criminal prosecution as 271 an adult, the court shall immediately transfer and certify to 272 the adult circuit court all felony cases pertaining to the 273 child, for prosecution of the child as an adult, which have not 274 yet resulted in a plea of guilty or nolo contendere or in which 275 a finding of guilt has not been made. If a child is acquitted of 276 all charged offenses or lesser included offenses contained in 277 the original case transferred to adult court, all felony cases 278 that were transferred to adult court as a result of this 279 paragraph shall be subject to the same penalties to which such 280 cases would have been subject before being transferred to adult 281 court. 282 (c) When a child has been transferred for criminal 283 prosecution as an adult and has been found to have committed a 284 violation of state law, the disposition of the case may be made 285 under s. 985.565 and may include the enforcement of any 286 restitution ordered in any juvenile proceeding. 287 (5)(3) CHARGES INCLUDED IN INFORMATION.—An information 288 filed pursuant to this section may include all charges that are 289 based on the same act, criminal episode, or transaction as the 290 primary offenses. 291 Section 4. Subsection (1) of section 985.15, Florida 292 Statutes, is amended to read: 293 985.15 Filing decisions.— 294 (1) The state attorney may in all cases take action 295 independent of the action or lack of action of the juvenile 296 probation officer and shall determine the action that is in the 297 best interest of the public and the child. If the child meets 298 the criteria requiring prosecution as an adult under s. 985.556, 299 the state attorney shall request the court to transfer and 300 certify the child for prosecution as an adult or shall provide 301 written reasons to the court for not making such a request. In 302 all other cases, The state attorney may: 303 (a) File a petition for dependency; 304 (b) File a petition under chapter 984; 305 (c) File a petition for delinquency; 306 (d) File a petition for delinquency with a motion to 307 transfer and certify the child for prosecution as an adult; 308 (e) File an information under s. 985.557; 309 (f) Refer the case to a grand jury; 310 (g) Refer the child to a diversionary, pretrial 311 intervention, arbitration, or mediation program, or to some 312 other treatment or care program if such program commitment is 313 voluntarily accepted by the child or the child’s parents or 314 legal guardian; or 315 (h) Decline to file. 316 Section 5. Paragraphs (a) and (b) of subsection (4) of 317 section 985.565, Florida Statutes, are amended to read: 318 985.565 Sentencing powers; procedures; alternatives for 319 juveniles prosecuted as adults.— 320 (4) SENTENCING ALTERNATIVES.— 321 (a) Adult sanctions.— 322 1. Cases prosecuted on indictment.—If the child is found to 323 have committed the offense punishable by death or life 324 imprisonment, the child shall be sentenced as an adult. If the 325 juvenile is not found to have committed the indictable offense 326 but is found to have committed a lesser included offense or any 327 other offense for which he or she was indicted as a part of the 328 criminal episode, the court may sentence as follows: 329 a. As an adult; 330 b. Under chapter 958; or 331 c. As a juvenile under this section. 332 2. Other cases.—If a child who has been transferred for 333 criminal prosecution pursuant to information or waiver of 334 juvenile court jurisdiction is found to have committed a 335 violation of state law or a lesser included offense for which he 336 or she was charged as a part of the criminal episode, the court 337 may sentence as follows: 338 a. As an adult; 339 b. Under chapter 958; or 340 c. As a juvenile under this section. 341 3. Notwithstanding any other provision to the contrary, if 342 the state attorney is required to file a motion to transfer and 343 certify the juvenile for prosecution as an adult under s. 344 985.556(3) and that motion is granted, the court must impose 345 adult sanctions. 346 4. Any sentence imposing adult sanctions is presumed 347 appropriate, and the court is not required to set forth specific 348 findings or enumerate the criteria in this subsection as any 349 basis for its decision to impose adult sanctions. 350 4.5. When a child has been transferred for criminal 351 prosecution as an adult and has been found to have committed a 352 violation of state law, the disposition of the case may include 353 the enforcement of any restitution ordered in any juvenile 354 proceeding. 355 (b) Juvenile sanctions.—For juveniles transferred to adult 356 court but who do not qualify for such transfer under s. 357 985.556(3), the court may impose juvenile sanctions under this 358 paragraph. If juvenile sentences are imposed, the court shall, 359 under this paragraph, adjudge the child to have committed a 360 delinquent act. Adjudication of delinquency may not be deemed a 361 conviction, nor shall it operate to impose any of the civil 362 disabilities ordinarily resulting from a conviction. The court 363 shall impose an adult sanction or a juvenile sanction and may 364 not sentence the child to a combination of adult and juvenile 365 punishments. An adult sanction or a juvenile sanction may 366 include enforcement of an order of restitution or probation 367 previously ordered in any juvenile proceeding. However, if the 368 court imposes a juvenile sanction and the department determines 369 that the sanction is unsuitable for the child, the department 370 shall return custody of the child to the sentencing court for 371 further proceedings, including the imposition of adult 372 sanctions. Upon adjudicating a child delinquent under subsection 373 (1), the court may: 374 1. Place the child in a probation program under the 375 supervision of the department for an indeterminate period of 376 time until the child reaches the age of 19 years or sooner if 377 discharged by order of the court. 378 2. Commit the child to the department for treatment in an 379 appropriate program for children for an indeterminate period of 380 time until the child is 21 or sooner if discharged by the 381 department. The department shall notify the court of its intent 382 to discharge no later than 14 days before discharge. Failure of 383 the court to timely respond to the department’s notice shall be 384 considered approval for discharge. 385 3. Order disposition under ss. 985.435, 985.437, 985.439, 386 985.441, 985.45, and 985.455 as an alternative to youthful 387 offender or adult sentencing if the court determines not to 388 impose youthful offender or adult sanctions. 389 390 It is the intent of the Legislature that the criteria and 391 guidelines in this subsection are mandatory and that a 392 determination of disposition under this subsection is subject to 393 the right of the child to appellate review under s. 985.534. 394 Section 6. Subsection (54) of section 985.03, Florida 395 Statutes, is amended to read: 396 985.03 Definitions.—As used in this chapter, the term: 397 (54) “Waiver hearing” means a hearing provided for under s. 398 985.556(3) s. 985.556(4). 399 Section 7. This act shall take effect July 1, 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. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 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.

SB 838: First Offense Conditional Release Pilot Program - Perry HB 745: First Offense Conditional Release Pilot Program - Garcia What does this mean? After serving 20 yrs on their FIRST conviction, offender may be eligible for conditional release. They must be D.R. free for 5 years. They will remain on home confinement with electronic monitoring for 2 years following release. The following offenses are NOT eligible: 775.084(1)(c) offenses 3 time violent felony offender sexual offender Florida Senate - 2024                                     SB 838 By Senator Perry 9-01562A-24 2024838__ 1 A bill to be entitled 2 An act relating to first offense conditional release 3 pilot program; creating s. 947.1406, F.S.; creating a 4 pilot program for conditional release of certain 5 first-time offenders; providing program requirements; 6 providing for conditions of release; requiring a 7 report; providing for termination of admittance to the 8 program by a specified date, unless the program is 9 renewed by the Legislature; providing for inmates 10 admitted to the program before the termination of 11 admittance; amending ss. 947.1405 and 947.141, F.S.; 12 conforming provisions to changes made by the act; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 947.1406, Florida Statutes, is created 18 to read: 19 947.1406 First offense conditional release pilot program.— 20 (1) A person who has served 20 years or more incarcerated 21 in a state correctional facility, who has no other felony 22 convictions in any jurisdiction, other than convictions that 23 have arisen out of the same incident or transaction as the 24 sentence currently being served, and who has not had any 25 disciplinary reports in the past 5 years, unless otherwise 26 provided by law, may be eligible for conditional release unless 27 he or she has been convicted of and is currently serving a 28 sentence for the commission of, an attempt to commit, or a 29 conspiracy to commit any of the following: 30 (a) An offense specified in s. 775.084(1)(c), excluding s. 31 782.04(3) relating to felony murder; or 32 (b) An offense that requires a person to register as a 33 sexual predator under s. 775.21 or a sexual offender under s. 34 943.0435. 35 (2) Such a person may be released under the procedures and 36 restrictions provided under s. 947.1405, except as otherwise 37 provided in this section. 38 (3) An inmate released under this section: 39 (a) Must have, for purposes of processing him or her under 40 s. 947.1405, a provisional release date of 90 days following the 41 completion of 20 years of confinement. 42 (b) An inmate released under this section must remain at 43 his or her residence except for employment, medical care, and 44 other necessary activities as determined by the commission for a 45 period of 2 years following his or her release. Such an inmate 46 may be electronically monitored as provided in s. 947.1405. If 47 the inmate has no violations of his or her release conditions 48 during that period, he or she may be placed on a less 49 restrictive release as determined by the commission. 50 (4) The commission shall submit a report to the Governor, 51 the President of the Senate, and the Speaker of the House of 52 Representatives no later than January 2, 2027, concerning the 53 success of the program. Factors to be considered include 54 successful integration of inmates into their communities and the 55 ability of inmates to finish the remainder of their sentences 56 under house arrest. 57 (5) Admittance to this program shall terminate June 30, 58 2027, unless the program is reviewed and saved from repeal 59 through reenactment by the Legislature. Inmates in the program 60 as of the termination of admission date may remain in the 61 program until they have completed their sentences as long as 62 they comply with its terms. 63 Section 2. Subsection (1) of section 947.1405, Florida 64 Statutes, is amended to read: 65 947.1405 Conditional release program.— 66 (1) This section, s. 947.1406, and s. 947.141 may be cited 67 as the “Conditional Release Program Act.” 68 Section 3. Subsections (1), (2), and (7) of section 69 947.141, Florida Statutes, are amended to read: 70 947.141 Violations of conditional release, control release, 71 or conditional medical release or addiction-recovery 72 supervision.— 73 (1) If a member of the commission or a duly authorized 74 representative of the commission has reasonable grounds to 75 believe that an offender who is on release supervision under s. 76 947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731 77 has violated the terms and conditions of the release in a 78 material respect, such member or representative may cause a 79 warrant to be issued for the arrest of the releasee; if the 80 offender was found to be a sexual predator, the warrant must be 81 issued. 82 (2) Upon the arrest on a felony charge of an offender who 83 is on release supervision under s. 947.1405, s. 947.1406, s. 84 947.146, s. 947.149, or s. 944.4731, the offender must be 85 detained without bond until the initial appearance of the 86 offender at which a judicial determination of probable cause is 87 made. If the trial court judge determines that there was no 88 probable cause for the arrest, the offender may be released. If 89 the trial court judge determines that there was probable cause 90 for the arrest, such determination also constitutes reasonable 91 grounds to believe that the offender violated the conditions of 92 the release. Within 24 hours after the trial court judge’s 93 finding of probable cause, the detention facility administrator 94 or designee shall notify the commission and the department of 95 the finding and transmit to each a facsimile copy of the 96 probable cause affidavit or the sworn offense report upon which 97 the trial court judge’s probable cause determination is based. 98 The offender must continue to be detained without bond for a 99 period not exceeding 72 hours excluding weekends and holidays 100 after the date of the probable cause determination, pending a 101 decision by the commission whether to issue a warrant charging 102 the offender with violation of the conditions of release. Upon 103 the issuance of the commission’s warrant, the offender must 104 continue to be held in custody pending a revocation hearing held 105 in accordance with this section. 106 (7) If a law enforcement officer has probable cause to 107 believe that an offender who is on release supervision under s. 108 947.1405, s. 947.1406, s. 947.146, s. 947.149, or s. 944.4731 109 has violated the terms and conditions of his or her release by 110 committing a felony offense, the officer shall arrest the 111 offender without a warrant, and a warrant need not be issued in 112 the case. 113 Section 4. This act shall take effect July 1, 2024.

SM 730: Punishment Clause MEMORIAL by Powell Florida Senate - 2024                                     SM 730 By Senator Powell 24-01441-24 2024730__ 1 Senate Memorial 2 A memorial to the Congress of the United States, 3 urging Congress to propose to the states an amendment 4 to the Constitution of the United States to delete the 5 “Punishment Clause” from the Thirteenth Amendment to 6 the Constitution of the United States. 7 8 WHEREAS, section 1 of the Thirteenth Amendment to the 9 Constitution of the United States, which was ratified in 1865, 10 provides that “Neither slavery nor involuntary servitude, except 11 as a punishment for crime whereof the party shall have been duly 12 convicted, shall exist within the United States, or any place 13 subject to their jurisdiction,” and 14 WHEREAS, this amendment left a loophole for those convicted 15 of crimes, known as the “Punishment Clause,” and as a result of 16 such loophole slavery was not outlawed in prisons, and 17 WHEREAS, during Reconstruction and accelerating after 18 Reconstruction ended, southern jurisdictions arrested Black 19 Americans in large numbers for minor crimes codified in new 20 “Black Codes,” such as loitering or vagrancy, allowing sheriffs 21 to exploit the Punishment Clause to lease out the imprisoned 22 individuals to work landowners’ fields, and 23 WHEREAS, by facilitating and incentivizing the conviction 24 of Black Americans for minor crimes, the loophole within the 25 Thirteenth Amendment to the Constitution of the United States 26 drove the over-incarceration of Black Americans, and especially 27 Black men, and 28 WHEREAS, this pattern has continued unbroken through to the 29 present day, in which communities of color are 30 disproportionately incarcerated, and 31 WHEREAS, private prison corporations profit from forced 32 labor, as do companies that sell their goods, which are made by 33 forced labor from undercompensated individuals, to unsuspecting 34 consumers, and 35 WHEREAS, the United States bans imports of goods produced 36 with forced labor in other nations, and 37 WHEREAS, the use of forced labor in American prison systems 38 undermines our international human rights and gives our foreign 39 adversaries propaganda that they can use to challenge the 40 legitimacy of American leadership abroad and Americans’ trust in 41 their government at home, NOW, THEREFORE, 42 43 Be It Resolved by the Legislature of the State of Florida: 44 45 That the Congress of the United States is urged to propose 46 to the states an amendment for ratification which would delete 47 the Punishment Clause from the Thirteenth Amendment to the 48 Constitution of the United States, closing this loophole that 49 has been used for over a century and a half to perpetuate mass 50 incarceration and allow others to profit from the forced labor 51 of their fellow Americans. 52 BE IT FURTHER RESOLVED that the Secretary of State dispatch 53 copies of this memorial to the President of the United States, 54 the President of the United States Senate, the Speaker of the 55 United States House of Representatives, and each member of the 56 Florida delegation to the United States Congress.

SB 108: Lowell Correctional Institution Body Cameras Pilot Program GENERAL BILL by Jones HB 391: Lowell Correctional Institution Body Cameras Pilot Program GENERAL BILL by Hinson ; (CO-INTRODUCERS) Eskamani https://www.flsenate.gov/Session/Bill/2024/108/BillText/Filed/HTML What does this mean? Three year bodycam pilot program at Lowell CI beginning July 1, 2024. A yearly report is due beginning 6/30/2025 that must include incident review, effectiveness, and proposed changes. This report is due to House, Senate, Governor. Florida Senate - 2024                                     SB 108 By Senator Jones 34-00280-24 2024108__ 1 A bill to be entitled 2 An act relating to the Lowell Correctional Institution 3 Body Cameras Pilot Program; creating s. 944.145, F.S.; 4 creating the pilot program within the Department of 5 Corrections; providing the purpose of the pilot 6 program; defining terms; requiring that each 7 correctional officer working at the Lowell 8 Correctional Institution wear a body camera while 9 acting within the scope of his or her official duties; 10 requiring the department to establish policies and 11 procedures for the proper use, maintenance, and 12 storage of such body cameras and for data recorded by 13 such body cameras; providing minimum requirements for 14 such policies and procedures; requiring the department 15 to provide training on body camera policies and 16 procedures; requiring that audio and video data 17 recorded by such cameras be maintained in accordance 18 with public records laws; requiring the department to 19 submit annual reports beginning on a certain date; 20 providing report requirements; providing for 21 expiration of the pilot program; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 944.145, Florida Statutes, is created to 27 read: 28 944.145 Lowell Correctional Institution Body Cameras Pilot 29 Program.— 30 (1) The Lowell Correctional Institution Body Cameras Pilot 31 Program is created within the department for 3 years. The 32 purpose of the pilot program is to ensure safety and provide 33 accountability for inmates and staff within the institution. 34 (2) As used in this section, the term: 35 (a) “Body camera” means a portable electronic recording 36 device that is worn on a correctional officer’s person and that 37 records audio and video data of the officer’s prisoner-related 38 encounters and activities. 39 (b) “Correctional officer” has the same meaning as in s. 40 943.10(2). 41 (3) Each correctional officer working at the Lowell 42 Correctional Institution shall wear a body camera while acting 43 within the scope of his or her official duties. The department 44 shall establish policies and procedures addressing the proper 45 use, maintenance, and storage of such body cameras and of the 46 data recorded by such body cameras. The policies and procedures 47 must, at a minimum, include all of the following: 48 (a) General guidelines for the proper use, maintenance, and 49 storage of body cameras. 50 (b) Any limitations on a correctional officer’s use of the 51 body cameras. 52 (c) Any limitations on prisoner-related encounters and 53 activities during which correctional officers are authorized to 54 wear body cameras. 55 (d) A provision allowing a correctional officer using a 56 body camera to review the recorded footage from the body camera, 57 upon his or her own initiative or request, before writing a 58 report or providing a statement regarding any event arising 59 within the scope of his or her official duties. Any such 60 provision may not apply to an officer’s inherent duty to 61 immediately disclose information necessary to secure an active 62 crime scene or to identify suspects or witnesses. 63 (e) General guidelines for the proper storage, retention, 64 and release of audio and video data recorded by body cameras. 65 (4) The department shall: 66 (a) Ensure that all personnel at the Lowell Correctional 67 Institution who wear, use, maintain, or store body cameras are 68 trained in the department’s policies and procedures concerning 69 the body cameras. 70 (b) Ensure that all personnel at the Lowell Correctional 71 Institution who use, maintain, store, or release audio or video 72 data recorded by body cameras are trained in the department’s 73 policies and procedures. 74 (c) Retain all audio and video data recorded by body 75 cameras in accordance with the requirements of s. 119.021, 76 except as otherwise provided by law. 77 (d) Perform a periodic review of body camera practices to 78 ensure conformity with the department’s policies and procedures. 79 (5) Beginning on June 30, 2025, and annually thereafter, 80 the department shall submit a report to the Governor, the 81 President of the Senate, the Minority Leader of the Senate, the 82 Speaker of the House of Representatives, and the Minority Leader 83 of the House of Representatives on the operation of the program 84 during the previous year. The report must, at a minimum, include 85 findings based on the review of incidents at the Lowell 86 Correctional Institution and the effectiveness of the body 87 cameras worn by correctional officers, proposals on changes to 88 existing policies and procedures, and any other information that 89 the department deems important in furthering the purpose of the 90 pilot program. 91 (6) This section expires June 30, 2027. 92 Section 2. This act shall take effect July 1, 2024.

SB 94: Cannabis Offenses - Jones https://www.flsenate.gov/Session/Bill/2024/94/BillText/Filed/HTML SB 700: Controlled Substances - Gruters HB 743: Xylazine - Basabe https://www.flsenate.gov/Session/Bill/2024/700/BillText/Filed/HTML SB 718: Exposures of First Responders to Fentanyl - Collins HB 231: Exposures of First Responders to Fentanyl and Fentanyl Analogs - Baker https://www.flsenate.gov/Session/Bill/2024/718/BillText/Filed/HTML SB 1180: Substance Abuse Treatment - Harrell HB 1065: Substance Abuse Treatment - Caruso https://www.flsenate.gov/Session/Bill/2024/1180/BillText/Filed/HTML SB 1320: HIV Infection Prevention Drugs - Catalayud HB 159: HIV Infection Prevention Drugs - Franklin https://www.flsenate.gov/Session/Bill/2024/1320/BillText/Filed/HTML

SB 24: Victims of Reform School Abuse - Rouson HB 21: Victims of Reform School Abuse - Salzman https://www.flsenate.gov/Session/Bill/2024/24/BillText/Filed/HTML SB 54: Expunction of Criminal History Records - Rodrigues HB 97: Expunction of Criminal History Records - Killebrew https://www.flsenate.gov/Session/Bill/2024/54/BillText/Filed/HTML SB 100: Pregnant Women in Custody - Jones HB 237: Pregnant Women in Custody - Hart https://www.flsenate.gov/Session/Bill/2024/100/BillText/Filed/HTML SB 232: Driving Under the Influence - Wright HB 871: Driving Under the Influence - Tramont https://www.flsenate.gov/Session/Bill/2024/232/BillText/Filed/HTML SB 284: Compensation for Wrongfully Incarcerated Person - Bradley HB 37: Compensation for Wrongfully Incarcerated Persons - Waldron https://www.flsenate.gov/Session/Bill/2024/284/BillText/Filed/HTML SB 296: Air-conditioning in Inmate Housing - Davis HB 181: Air Conditioning in Inmate Housing - Nixon https://www.flsenate.gov/Session/Bill/2024/296/BillText/Filed/HTML SB 520: State-Operated Institutions Inmate Welfare Trust Fund - Bradley HB 83: Trust Funds/Re-creation/State-Operated Institutions Inmate Welfare Trust Fund/DOC - Lopez https://www.flsenate.gov/Session/Bill/2024/520/BillText/Filed/HTML SB 576: Investigation of Complaints Against Law Enforcement and Correctional Officers - Ingoglia https://www.flsenate.gov/Session/Bill/2024/576/BillText/Filed/HTML SB 704: Limited Barbering - Perry HB 785: Limited Barbering - Valdes https://www.flsenate.gov/Session/Bill/2024/704/BillText/Filed/HTML SB 824: Retail Theft - Ingoglia HB 549: Retail Theft - Rommel https://www.flsenate.gov/Session/Bill/2024/824/BillText/Filed/HTML SB 940: Restorative Justice - Rodriguez HB 881: Restorative Justice - Stark https://www.flsenate.gov/Session/Bill/2024/940/BillText/Filed/HTML SB 1012: Employment of Ex-offenders - Calatayud HB 751: Disqualification from Licensing, Permitting, or Certification Based on Criminal Conviction - Hunchovsky https://www.flsenate.gov/Session/Bill/2024/1012/BillText/Filed/HTML SB 1048: Independent Incentivized Prison Program - Burgess https://www.flsenate.gov/Session/Bill/2024/1048/BillText/Filed/HTML SB 1154: Probation and Community Control Violations - Simon https://www.flsenate.gov/Session/Bill/2024/1154/BillText/Filed/HTML SB 1216: Reentry Resource Centers - Powell https://www.flsenate.gov/Session/Bill/2024/1216/BillText/Filed/HTML SB 1222: Theft - Trumbull https://www.flsenate.gov/Session/Bill/2024/1222/BillText/Filed/HTML SB 1274: Juvenile Justice - Martin HB 1181: Juvenile Justice - Jacques https://www.flsenate.gov/Session/Bill/2024/1274/BillText/Filed/HTML SB 1278: Department of Corrections - Martin https://www.flsenate.gov/Session/Bill/2024/1278/BillText/Filed/HTML SB 1284: Health Care for Inmates - Martin HB 959: Health Care for Inmates - Bell https://www.flsenate.gov/Session/Bill/2024/1284/BillText/Filed/HTML

5/1/2023 - Signed by Officers and presented to Governor ability to retain in custody without bail https://www.flsenate.gov/Session/Bill/2023/1627/?Tab=Amendments

HB 1637: Parole Eligibility GENERAL BILL by Hart Parole Eligibility; Requires Commission on Offender Review & DOC to jointly administer voluntary long-term inmate program; requires program to provide evidence-based programming to inmates; establishes eligibility; provides inmates may be removed from program; provides that successful completion does not guarantee parole. https://www.flsenate.gov/Session/Bill/2023/1637/BillText/Filed/PDF

HB 1635: Award of Gain-time for Time Incarcerated Before Sentencing GENERAL BILL by Hart Award of Gain-time for Time Incarcerated Before Sentencing; Provides for award of basic gain-time for periods of incarceration before sentence was imposed; provides for awards for partial months; provides for forfeiture. https://www.flsenate.gov/Session/Bill/2023/1635/BillText/Filed/PDF

SPB 7016: Department of Corrections PROPOSED BILL by Criminal Justice 3/13 Favorably by Criminal Justice; YEAS 6 NAYS 0 On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 03/21/23, 11:00 am, 37 Senate Building Appropriations Committee on Criminal and Civil Justice; YEAS 12 NAYS 0 amendment: https://www.flsenate.gov/Session/Bill/2023/7016/Amendment/138604/PDF amendment: https://www.flsenate.gov/Session/Bill/2023/7016/Amendment/325492/PDF Department of Corrections; Providing criminal penalties for any volunteer or employee of a contractor or subcontractor of the Department of Corrections who engages in sexual misconduct with specified inmates or offenders; providing for a type two transfer of private correctional facilities from the Department of Management Services to the Department of Corrections, etc. https://www.flsenate.gov/Session/Bill/2023/7016/BillText/pb/PDF

SPB 7014: Juvenile Justice PROPOSED BILL by Criminal Justice 3/13 Reported Favorably by Criminal Justice; YEAS 6 NAYS 0 3/28 Appropriations; YEAS 18 NAYS 0 Placed on Special Order Calendar, 04/11/23 Juvenile Justice; Requiring that the secretary of the Department of Juvenile Justice oversee the establishment of the Florida Scholars Academy; requiring the academy to provide students with greater access to secondary and postsecondary educational opportunities; specifying that the academy is a component of the delivery of public education within Florida’s Early Learning-20 education system; requiring the department to provide early notice to school districts regarding the siting of new juvenile justice detention facilities, etc. https://www.flsenate.gov/Session/Bill/2023/7014/BillText/pb/PDF