Florida 2024 Regular Session

Florida House Bill H1041 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1041 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1041-00
9	9	Page 1 of 9
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to review of juvenile sentences; 2
16	16	amending s. 921.1402, F.S.; revising the definition of 3
17	17	the term "juvenile offender"; revising eligibility 4
18	18	requirements for review of sentences for offenses 5
19	19	committed while a juvenile; revising duties of the 6
20	20	Department of Corrections concerning such reviews; 7
21	21	revising procedures for initiating a review; providing 8
22	22	for appointment of counsel for indigent offenders ; 9
23	23	providing requirements for hearings; requiring a court 10
24	24	to render a written ruling within a specified period; 11
25	25	requiring a court to consider specified additional 12
26	26	factors in reviewing a sentence; requiring concurrent 13
27	27	and consecutive sentences to be treated as a single 14
28	28	sentence; providing legislative intent; requiring an 15
29	29	annual report concerning sentence reviews; providing 16
30	30	requirements for the report; providing for retroactive 17
31	31	application; providing an effective date. 18
32	32	19
33	33	Be It Enacted by the Legislature of the State of Florida: 20
34	34	21
35	35	Section 1. Section 921.1402, Florida Statutes, is amended 22
36	36	to read: 23
37	37	921.1402 Review of sentences for persons convicted of 24
38	38	specified offenses committed while under the age of 18 years. — 25
39	39
40	40	HB 1041 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1041-00
46	46	Page 2 of 9
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	(1) As used in For purposes of this section, the term 26
52	52	"juvenile offender" means a person sentenced to imprisonment in 27
53	53	the custody of the Department of Corrections for an offense 28
54	54	committed on or after July 1, 2014, and committed before he or 29
55	55	she attained 18 years of age. 30
56	56	(2)(a) A juvenile offend er sentenced under s. 31
57	57	775.082(1)(b)1. is entitled to a review of his or her sentence 32
58	58	after 25 years. However, a juvenile offender sentenced under s. 33
59	59	775.082(1)(b)1. is not entitled to review of his or her sentence 34
60	60	if he or she has previously been convicted of one of the 35
61	61	following offenses, or conspiracy to commit one of the following 36
62	62	offenses, if the offense for which the person was previously 37
63	63	convicted was part of a separate criminal transaction or episode 38
64	64	than that which resulted in the sentence under s. 39
65	65	775.082(1)(b)1.: 40
66	66	1. Murder; 41
67	67	2. Manslaughter; 42
68	68	3. Sexual battery; 43
69	69	4. Armed burglary; 44
70	70	5. Armed robbery; 45
71	71	6. Armed carjacking; 46
72	72	7. Home-invasion robbery; 47
73	73	8. Human trafficking for commercial sexual activity with a 48
74	74	child under 18 years of age; 49
75	75	9. False imprisonment under s. 787.02(3)(a); or 50
76	76
77	77	HB 1041 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1041-00
83	83	Page 3 of 9
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	10. Kidnapping. 51
89	89	(b) A juvenile offender sentenced to a term of more than 52
90	90	25 years under s. 775.082(3)(a)5.a. or s. 775.082(3)(b)2.a. is 53
91	91	entitled to a review of his or her sentence after 25 years. 54
92	92	(c) A juvenile offender sentenced to a term of more than 55
93	93	15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 56
94	94	775.082(3)(b)2.b. is entitled to a review of his or her sentence 57
95	95	after 10 15 years. 58
96	96	(d) A juvenile offender sentenced to a term of 20 years or 59
97	97	more under s. 775.082(3)(c) is entitled to a review of his or 60
98	98	her sentence after 10 20 years. If the juvenile offender is not 61
99	99	resentenced at the initial review hearing, he or she is eligible 62
100	100	for one subsequent review hearing 2 10 years after the initial 63
101	101	review hearing. 64
102	102	(3) The Department of Corrections shall : 65
103	103	(a) Notify a juvenile offender of his or her eligibility 66
104	104	to request a sentence review hearing 18 months before the 67
105	105	juvenile offender is entitled to a sentence review hearing under 68
106	106	this section. 69
107	107	(b) Include time spent in county jail before custody in 70
108	108	the Department of Corrections when calculating a juvenile 71
109	109	offender's eligibility date for sentence review. 72
110	110	(c) Update the juvenile offender's classification records 73
111	111	to reflect the potential for earl y release. 74
112	112	(d) Ensure that the juvenile offender has access to 75
113	113
114	114	HB 1041 2024
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1041-00
120	120	Page 4 of 9
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	transitional programming, with the aim of reducing recidivism. 76
126	126	(4)(a) A juvenile offender seeking sentence review 77
127	127	pursuant to subsection (2) must submit an application under Rule 78
128	128	3.996, Florida Rules of Criminal Procedure, to the court of 79
129	129	original jurisdiction requesting that a sentence review hearing 80
130	130	be held. The juvenile offender may submit the application at any 81
131	131	time following the notice under subsection (3), but no more than 82
132	132	18 months before the judicial review eligibility date. 83
133	133	(b) The juvenile offender must submit a new application to 84
134	134	the court of original jurisdiction to request subsequent 85
135	135	sentence review hearings pursuant to paragraph (2)(d). The 86
136	136	sentencing court shall retain origin al jurisdiction for the 87
137	137	duration of the sentence for this purpose. 88
138	138	(5)(a) A juvenile offender who is eligible for a sentence 89
139	139	review hearing under this section is entitled to be represented 90
140	140	by counsel, and the court shall appoint a public defender to 91
141	141	represent the juvenile offender if the juvenile offender cannot 92
142	142	afford an attorney. The juvenile offender may file a request for 93
143	143	appointment of counsel, if indigent, to prepare for the judicial 94
144	144	review at any time following the notice under subsection (3), 95
145	145	but no more than 18 months before the judicial review 96
146	146	eligibility date. 97
147	147	(b) At a hearing under this section, the juvenile offender 98
148	148	shall be present unless the juvenile offender waives the right 99
149	149	to be present in writing. This requirement may be satisfied by 100
150	150
151	151	HB 1041 2024
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1041-00
157	157	Page 5 of 9
158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	the juvenile offender appearing by video teleconference. The 101
163	163	hearing shall be recorded and transcribed. 102
164	164	(6) Upon receiving an application from an eligible 103
165	165	juvenile offender, the court of original sentencing jurisdiction 104
166	166	shall hold a sentence review hearin g within 120 days to 105
167	167	determine whether the juvenile offender's sentence should be 106
168	168	modified. When determining if it is appropriate to modify the 107
169	169	juvenile offender's sentence, the court shall consider any 108
170	170	factor it deems appropriate, including all of the fol lowing: 109
171	171	(a) Whether the juvenile offender demonstrates maturity 110
172	172	and rehabilitation and the current age of the juvenile offender . 111
173	173	(b) Whether the juvenile offender remains at the same 112
174	174	level of risk to society as he or she did at the time of the 113
175	175	initial sentencing. 114
176	176	(c) The opinion of the victim or the victim's next of kin. 115
177	177	The absence of the victim or the victim's next of kin from the 116
178	178	sentence review hearing may not be a factor in the determination 117
179	179	of the court under this section. The court shall permit the 118
180	180	victim or victim's next of kin to be heard, in person, in 119
181	181	writing, or by electronic means. If the victim or the victim's 120
182	182	next of kin chooses not to participate in the hearing, the court 121
183	183	may consider previous statements made by the victim or the 122
184	184	victim's next of kin during the trial, initial sentencing phase, 123
185	185	or subsequent sentencing review hearings. 124
186	186	(d) Whether the juvenile offender was a relatively minor 125
187	187
188	188	HB 1041 2024
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1041-00
194	194	Page 6 of 9
195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	participant in the criminal offense or acted under extreme 126
200	200	duress or the domination of another p erson. 127
201	201	(e) Whether the juvenile offender has shown sincere and 128
202	202	sustained remorse for the criminal offense. 129
203	203	(f) Whether the juvenile offender's age, maturity, and 130
204	204	psychological development at the time of the offense affected 131
205	205	his or her behavior. 132
206	206	(g) Whether the juvenile offender has successfully 133
207	207	obtained a high school equivalency diploma or completed another 134
208	208	educational, technical, work, vocational, or self -rehabilitation 135
209	209	program, if such a program is available. 136
210	210	(h) Whether the juvenile offender was a victim of sexual, 137
211	211	physical, or emotional abuse before he or she committed the 138
212	212	offense. 139
213	213	(i) The results of any mental health assessment, risk 140
214	214	assessment, or evaluation of the juvenile offender as to 141
215	215	rehabilitation. 142
216	216	(j) The nature of the offense, inclu ding changing societal 143
217	217	attitudes regarding the propriety of criminalizing the offense 144
218	218	and the appropriate sentence for the offense. 145
219	219	(7) If the court determines at a sentence review hearing 146
220	220	that the juvenile offender has been rehabilitated and is 147
221	221	reasonably believed to be fit to reenter society, the court 148
222	222	shall modify the sentence and impose a term of probation of at 149
223	223	least 5 years, which can be terminated early for compliance with 150
224	224
225	225	HB 1041 2024
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1041-00
231	231	Page 7 of 9
232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	probation guidelines pursuant to s. 948.04 . If the court 151
237	237	determines that the juvenile offender has not demonstrated 152
238	238	rehabilitation or is not fit to reenter society, the court shall 153
239	239	issue a written order stating the reasons why the sentence is 154
240	240	not being modified. 155
241	241	(8) If the court does not render a ruling during the 156
242	242	judicial review hearing, the court shall have 90 days to issue a 157
243	243	written ruling on whether the court finds the juvenile offender 158
244	244	has been rehabilitated and is reasonably believed to be fit to 159
245	245	reenter society. 160
246	246	(9) Concurrent and consecutive sentences shall be treated 161
247	247	as a single sentence. 162
248	248	(10) It is the intent of the Legislature that: 163
249	249	(a) All persons sentenced for a crime committed while 164
250	250	under the age of 18 are entitled to periodic case reviews, 165
251	251	ensuring consistent consideration of their evolving 166
252	252	circumstances and the chance to show maturity and rehabilitation 167
253	253	before their sentence ends. The Legislature emphasizes that 168
254	254	juvenile sentencing should align with the lowest permissible 169
255	255	punishment as detailed in Rule 3.992, Florida Rules of Criminal 170
256	256	Procedure, Criminal Puni shment Code scoresheet, reflecting the 171
257	257	distinct nature of juvenile offenses and the potential for 172
258	258	rehabilitation of juvenile offenders. 173
259	259	(b) Juvenile offenders serving lengthy sentences, with 174
260	260	judicial review hearings on the horizon, are provided with 175
261	261
262	262	HB 1041 2024
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1041-00
268	268	Page 8 of 9
269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	transitional programming by the Department of Corrections. 176
274	274	(11)(a) By July 1, 2025, and annually thereafter, the 177
275	275	State Courts Administrator shall submit to the President of the 178
276	276	Senate and the Speaker of the House of Representatives a report 179
277	277	on requests for sentence reductions under this section and make 180
278	278	the report available to the public. 181
279	279	(b) Each report shall include, for the 1 -year period 182
280	280	preceding the report: 183
281	281	1. The number of incarcerated juveniles granted and denied 184
282	282	sentence reductions under this sect ion. 185
283	283	2. The number of incarcerated juveniles released from 186
284	284	prison under this section. 187
285	285	3. The demographic characteristics, including race and 188
286	286	gender, and the location, categorized by circuit and county, of: 189
287	287	a. Those who applied for sentence reductions under this 190
288	288	section. 191
289	289	b. Those granted sentence reductions under this section. 192
290	290	c. Those released from prison under this section. 193
291	291	d. Those denied release from prison under this section. 194
292	292	e. The initial sentencing term, including any prior 195
293	293	resentencing proceedings, of each incarcerated juvenile in 196
294	294	subparagraphs 1. and 2. 197
295	295	f. The applicable Criminal Punishment Code scoresheet 198
296	296	total and mandatory minimums imposed on each incarcerated 199
297	297	juvenile in subparagraphs 1. and 2. 200
298	298
299	299	HB 1041 2024
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb1041-00
305	305	Page 9 of 9
306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	Section 2. This act shall apply retroactively to all 201
311	311	persons serving a sentence for offenses committed while under 202
312	312	the age of 18. 203
313	313	Section 3. This act shall take effect July 1, 2024. 204