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Juvenile sentencing reform advances

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TALLAHASSEE — Soon convicted juvenile murderers may have a better idea how long they may wait before a court reviews their life-in-prison sentences.

The state House officially unveiled its solution Wednesday to the U.S. Supreme Court rulings that struck down laws giving juveniles no chance for parole.

The Criminal Justice Subcommittee proposed and approved a committee bill that would require a review hearing after 25 years. If needed, subsequent hearings would be held every 10 years.

The court of original jurisdiction would conduct the review, even if the judge who oversaw the conviction is no longer on the bench.

In non-homicide cases, juveniles would receive a review after 20 years and every five years after that, if needed.

The U.S. Supreme Court ruled in 2010 that juveniles must be given a chance to be released from prison. Later in 2012 the high court explicitly struck down life-without-parole sentences for juveniles.

On Wednesday, lawmakers repeatedly said it was important they act and lay out guidelines for sentencing review; otherwise the Florida courts will step in and establish them.

Democrats voiced concern about how long juveniles would be forced to wait for the review hearing.

State Rep. Kionne McGhee, D-Miami, said the legislation would tie judges’ hands. He said the judges should determine when a review hearing is appropriate.

“This is for the judicial branch. Why not allow the judges to be in a position to make a determination when a review period is appropriate for a particular kid,” he said.

Conversely, Republicans said some bad actors don’t need to return to society based on what they’ve done.

 “Some of these folks commit very heinous crimes for which there has to be a severe criminal sanction,” said Committee Chairman Matt Gaetz, R-Fort Walton Beach.

Gaetz didn’t go so far as to say some juveniles should never be released, but said some juveniles pose a real risk to society.

“We’re trying to thread the needle. We’re trying to create the right balance,” he said of the legislation.

READ THE BILL

A similar bill (SB 384) is moving in the state Senate, having passed through two committees, with two more ahead of it before going to the floor.


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