Title: Presentencing Consideration

Summary: Authorizing a defendant who is found guilty of committing a nonviolent offense to request a sentencing court to withhold sentencing until after making a certain determination; requiring the court to make certain written findings if the defendant makes such a motion, which must meet specified requirements, etc.

Full Text:
An act relating to a presentencing consideration; creating s. 921.245, F.S.; defining the terms  dependent child  and  primary caretaker ; authorizing a defendant who is found guilty of committing a nonviolent offense to request a sentencing court to withhold sentencing until after making a certain determination; requiring the court to make certain written findings if the defendant makes such a motion, which must meet specified requirements; prohibiting the court from imposing a sentence of incarceration without making such findings; authorizing the court to impose a nonincarcerative sentence with specified conditions, in writing; authorizing a court to require the defendant to appear in court after reasonable notice to evaluate the defendant s progress; authorizing the court to revise the sentence during the appearance; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 921.245, Florida Statutes, is created to read: 921.245  Presentencing consideration for primary caretaker of dependent child.  (1) As used in this section, the term: (a) Dependent child  means a child who is younger than years of age. (b) Primary caretaker  means a parent, a guardian, or an individual who has assumed responsibility for a dependent child s housing, health, financial support, education, family ties, and safety; or a woman who has given birth to a child after,or while awaiting,her sentencing hearing and who expresses a willingness to assume responsibility for that dependent child s housing,health, and safety. The term includes a parent who, in the best interests of the dependent child, has arranged for the temporary care of the child in the home of a relative or other responsible adult. (2 ) Notwithstanding any other law, a defendant who is found guilty of committing a nonviolent offense may request that a sentencing court impose a sentence only after determining whether the defendant i sa primary caretaker of a dependent child.If a defendant moves for such determination, by written motion supported by an affidavit, the court must make written findings concerning the defendant being a primary caretaker and the availability of appropriate individually assessed nonincarcerative sentence alternatives. The court may not impose a sentence of incarceration without first making such written findings. If the court determines that the defendant is a primary caretaker of a dependent child and identifi es an available, appropriate non incarcerative sentence, it may impose the non incarcerative sentence with conditions, which must be in writing and must emphasize community rehabilitation and parent child unity and support.Such conditions may include, but need not be limited to,the defendant s receipt of any of the following treatments or services:(a) Drug and alcohol treatment. ( b)   Domestic vi olence prevention education. ( c)   Physical or sexu al abuse counseling. ( d) Anger management treatment. ( e)   Voca tional or educational services. (f) Job training and job placement services. ( g)   Affordable and safe housing assistance. (h) Financial literacy education. (i) Parenting classes. ( j)   Famil yand individual counseling. ( k)   Family case management services. (3 )(a) The court may require any person serving an individually assessed sentence pursuant to this section to appear in court after reasonable notice at any time during his or her serving of that sentence to evaluate the person s progress in treatment or rehabilitation, or to determine if the person has violated any condition of the sentence. (b)  During an appearance in court made pursuant to paragraph (a), the court may: 1. Modify the conditions of a sentence imposed pursuant to this section; 2. D ecrease the duration of a sentence imposed pursuant to this section based on the person s successful advancement; or 3. S anction the person for each detected violation of any condition of the sentence imposed pursuant to this section, including,but not limited to, requiring the person to serve a term of imprisonment within the range of sentencing for the offense for which the person was originally convicted, notwithstanding the determination made pursuant to the subsection (2) that the person is a primary caretaker of a dependent child. Section 2. This act shall take effect July 1, 2019.