FL S0290

Requires courts to sentence defendants convicted of simple drug possession (committed on or after October 1, 2017) to non-state prison sanctions if total sentence points are 60 or fewer, unless the court finds a danger to the public.

Allows defendants convicted of offenses with mandatory minimum sentences (effective October 1, 2017) to petition the court to depart from the mandatory minimum and mandatory fine if criteria are met, including that the offense involves no forcible felony, physical injury, coercion, or minor victims.

Creates a 17-member Sentencing Commission within the Supreme Court to review offense severity rankings for non-capital felonies and make annual recommendations to the Governor, Supreme Court, and Legislature by October 1 each year.

Expands the prison diversion program (effective October 1, 2017) to include non-violent felonies of the second degree with 60 points or fewer, and requires courts to place drug offenders into treatment-based drug court programs, residential drug treatment, or drug offender probation.

Adds substance abuse or addiction as a mitigating factor justifying downward departure from minimum sentences for offenses committed on or after October 1, 2017, and expands treatment eligibility criteria to include addictions and mental disorders.