Fla. Admin. Code tit. 23 | Fla. Admin. Code Title 23 — Florida Commission on Offender Review

Division 23 Departmental

Chapter 23-15 PRACTICES AND PROCEDURES

Fla. Admin. Code R. 23-15.011 Commission Voting

History

Rulemaking Authority 947.07 FS. Law Implemented 947.04, 947.06 FS. History–New 1-26-93, Amended 1-5-94, 3-2-94, Repealed 7-30-14.

Fla. Admin. Code R. 23-15.015 Indexing of Orders

(1) Public Inspection and Duplication. The following shall be made available from the agency for public inspection and copying, at no more than cost:

(a) All final orders which the agency is required to index.

(b) A current subject-matter index identifying final orders which are indexed.

(2) Final Orders Indexed. Only those agency final orders designated in Section 947.071(2), F.S., shall be indexed.

(3) Listing of Final Orders. The agency shall maintain a list of stipulations, agreed settlements, and consent orders which are excluded from indexing. The list shall contain the names of the parties to the proceeding and the number assigned to the final order.

(4) Numbering of Final Orders.

(a) Indexed final orders shall be sequentially numbered as rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with number 1 each calendar year. The assigned agency designation prefix, which is “FCOR”, shall precede the two-part number.

(b) The applicable order category shall be added as a suffix succeeding the agency designation prefix and two-part number. The order categories are as follows:

–

Parole Granted

–

Parole Revoked

PSR

–

Parole Supervision Restored

PST

–

Parole Supervision Terminated

PTE

–

Parole Terminated Early

PER

–

Parole Extraordinary Review

CRSI

–

Conditional Release Supervision Imposed

CRR

–

Conditional Release Revoked

CRSR

–

Conditional Release Supervision Restored

CRST

–

Conditional Release Supervision Terminated

CRTE

–

Conditional Release Terminated Early

CRSE

–

Conditional Release Supervision Terminated Early

CTRLR

–

Control Release Revoked

CTRLSR

–

Control Release Restored

CTRLST

–

Control Release Supervision Terminated

CTRLTE

–

Control Release Supervision Terminated Early

ARR

–

Addiction Recovery Supervision Revoked

ARSR

–

Addiction Recovery Supervision Restored

ARST

–

Addiction Recovery Supervision Terminated

ARSTE

–

Addiction Recovery Supervision Terminated Early

CMRI

–

Conditional Medical Release Imposed

CMRR

–

Conditional Medical Release Revoked

CMRSR

–

Conditional Medical Release Restored

CMRST

–

Conditional Medical Release Terminated

(5) System for Indexing Final Orders.

(a) The index shall be alphabetically arranged by main subject headings taken from the Florida Statutes index, when applicable. The applicable titles of citations of the Florida Statutes construed within the final order may determine the main subject headings and subheadings in the index. Main subject headings shall be all capital letters and shall be flush left on the page followed by relevant subheadings which shall be initial caps and lower case letters indented. Subheadings and sub-subheadings at equal indentations shall be alphabetized. The numbers of the final orders shall be listed sequentially in an indentation immediately below the applicable subheading. Cross references shall be used to direct the user to subject headings which contain the relevant information. Related key words (specific words, terms and phrases) and common and colloquial words shall be listed and cross referenced to the appropriate main subject headings.

(b) The main subject headings shall be consulted by the agency’s indexer, and subsequent similar entries shall be indexed under the existing appropriate heading. The index shall be cumulative and shall be updated and made accessible to the public at least every 120 days. New main subject headings will be added when necessary. The index shall be cumulative for one calendar year.

(c) The Office of the Commission Clerk shall index all final orders. On a weekly basis, designated staff shall provide a copy of each final order to be indexed, relevant to their particular functional area. In addition, the Director of Administration shall retain a copy of all stipulations, agreed settlements and consent orders, which are required to be listed, but not indexed.

(6) Maintenance of Records. Final orders that comprise final agency action and that must be indexed pursuant to this chapter shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

(7) Plan and Procedures for Public Access.

(a) The agency shall make final orders accessible and available to the public by sequentially numbering and indexing those orders that are required to be indexed and listing those final orders that are only required to be listed. The agency shall make the indexed final orders, subject-matter index, and list available to the public.

(b) The Office of the Commission Clerk shall assist the public in obtaining information and access to agency final orders.

(c) The Office of the Commission Clerk shall maintain a file of indexed final orders, the subject-matter index and a list of non-indexed final orders. Upon request, the Office of the Commission Clerk shall retrieve the final order(s) requested and make the order(s) available for public inspection or copying, at no more than cost.

(d) The agency will maintain and store indexed final orders, the subject-matter index, and a list of non-indexed final orders in the offices of the agency at 4070 Esplanade Way, Tallahassee, Florida 32399-2450. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.

History

Rulemaking Authority 947.07 FS. Law Implemented 120.53(2)(a)1.-5., 947.071 FS., Chapter 91-30, S10, Laws of Florida. History–New 1-26-93, Amended 1-5-94, 3-31-10, 2-12-13.

Chapter 23-20 MUTUAL PARTICIPATION PROGRAM

Fla. Admin. Code R. 23-20.001 Definitions

For the purpose of Chapter 23-20, F.A.C.:

(1) Mutual Participation Program (MPP) shall be where the terms and conditions of institutional confinement, a parole date, the terms and conditions of parole supervision, and parole release date are agreed to by the Department of Corrections, (hereinafter referred to as Department) the Commission on Offender Review, and the inmate.

(2) Institution shall mean any facility under the jurisdiction of the Department.

(3) Inmate shall mean any person under Florida court commitment to incarceration in the Department.

(4) Mutual Participation Program Administrator shall mean an individual employed by the Department who acts as a Coordinator-Advisor between the Department, the Commission, and the inmate.

(5) Work Program shall mean productive work assignments.

(6) Department Representative shall mean those individuals designated by the Department to represent the Department in negotiations.

(7) Commission Representative shall mean those individuals designated by the Commission to represent the Commission in its negotiations.

(8) Orientation shall refer to the process of informing all inmates and staff regarding Mutual Participation Program.

(9) Negotiation shall mean that period of program planning where representatives of the Department, the Commission, and the inmate meet in a planning session to develop a program designed for the individual inmate, that is realistic and can be agreed upon by all parties.

(10) Mutual Participation Agreement shall mean that written document which contains those agreed upon conditions from the date of negotiation, through the period of incarceration and discharge from parole supervision after final approval by the Commission.

(11) Renegotiation shall refer to the process of reconsideration of the document terms because of factors not known or not present at the time of the original negotiations.

(12) Mutual Participation Program Parole Date shall mean the date the inmate is to be released from incarceration on parole pursuant to a Mutual Participation Program agreement, subject to the provisions of Section 947.18, F.S.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Formerly 23-20.01, Amended 1-26-93.

Fla. Admin. Code R. 23-20.002 Scope of Responsibility

(1) The Department and the Commission shall jointly plan and carry out an orientation program to insure that all inmates and staff are informed of the Mutual Participation Program.

(2) The Department and the Commission shall jointly share information regarding inmates involved in or applying to the Mutual Participation Program.

(3) Once negotiations are completed, the agreement shall be finalized within 10 calendar days and forwarded to the Commission. The Commission, upon receipt of the agreement shall, within 60 calendar days, approve, disapprove or refer for renegotiation. Any Mutual Participation Program agreement renegotiated at the request of the Commission shall be returned to the panel of Commissioners which requested renegotiation.

(4) The Office of the Commission Clerk will be provided with an opportunity to review the agreement and may provide input prior to the agendaed action by the Commission.

(5) The Department shall be responsible for providing any services or programs agreed to under the terms of the agreement.

(6) The Commission shall consider paroling the inmate on the agreed release date subject to successful completion of the terms of the agreement.

(7) It shall be the responsibility of the inmate to initiate a request for consideration for the program. All inmates shall be eligible for consideration for participation in this program who are not specifically excluded by Statute.

(8) It shall be the responsibility of each inmate under a Mutual Participation Program agreement to become involved in and successfully and timely complete each condition of the Mutual Participation Program.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Formerly 23-20.02, Amended 1-26-93, 3-31-10, 2-12-13.

Fla. Admin. Code R. 23-20.003 Criteria for Program Eligibility

All parole eligible inmates within the Department shall be eligible for consideration for participation in the Mutual Participation Program provided:

(1) They have not been sentenced as a habitual felony offender;

(2) They have not been convicted for a capital or life felony; and

(3) They have no sentences wherein the Court has retained jurisdiction over the offender for review of a Commission Release Order unless the offender signs an Acknowledgment that the Agreement shall be null and void in the event the Court exercises its authority to review and subsequently vacate the Commission’s Release Order.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-20.03, Amended 1-26-93, 3-31-10.

Fla. Admin. Code R. 23-20.004 Mutual Participation Program Agreement Provisions

(1) All agreements shall include all time periods from the date of the agreement, through the period of incarceration and termination from parole supervision.

(2) Institutional Mutual Participation Program agreement conditions must be satisfied not later than 60 calendar days prior to the parole date as agreed upon to allow for verification of completion.

(3) Parole supervision Mutual Participation Program agreement conditions must be satisfied not later than 60 calendar days prior to the parole release date as agreed upon to allow for verification of completion.

(4) Agreements shall be individualized as negotiated by the inmate, the Department, and the Commission.

(5) Agreements shall not be written to provide for release from incarceration in less than the mandatory minimum sentence requirements.

(6) Agreements shall not be written to provide for release from incarceration at a date later than the presumptive parole release date which would have otherwise been established.

(7) All agreements shall include that the inmate satisfactorily work at a job within the institution (either institutional or prison industries) and shall also satisfactorily participate in an educational or vocational training program.

(8) Agreements shall not be written to require academic classroom instruction at the college level.

(9) Each agreement successfully negotiated may include but is not limited to the following incarceration or parole supervision conditions that must be successfully completed before the inmate can be released on the agreed upon Mutual Participation Program parole date:

(a) Academic Program(s) below the college level;

(b) Vocational Programs;

(d) Restitution;

(e) Work Release;

(f) Transfers;

(g) Behavioral Conditions.

(10) Agreements shall not be effective until final approval by the Commission.

(11) Agreements shall not be written for a period of less than 3 months or more than 3 years of incarceration time.

(12) Agreements shall not be written for more than a 2 year parole supervision period without written justification provided to the inmate by the Commission.

History

Rulemaking Authority 947.07, 947.135 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-20.04, Amended 1-26-93.

Fla. Admin. Code R. 23-20.005 Criteria for Parole Under the Mutual Participation Program

Factors to be considered in determining whether or not to approve an individual mutual participation agreement:

(1) The inmate shall have a satisfactory release plan as defined in these rules.

(2) The standard conditions of parole and any special conditions of parole required by the Commission, will be binding on the inmate under the Mutual Participation Program.

(3) The inmate must sign an official parole certificate prior to release from custody on parole and thereby agree to the terms and conditions of that parole.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Formerly 23-20.05, Amended 1-26-93.

Fla. Admin. Code R. 23-20.006 Processing of Mutual Participation Program Agreements

(1) The inmate shall have the right to terminate the Mutual Participation Program agreement at any time, without cause. The inmate may cancel the agreement by notifying the Commission and the Department representatives in writing of his election to no longer participate in the program. The Commission and the Department shall no longer be under any obligation to comply with the negotiated terms. No penalty shall attach to the inmate’s election to terminate the agreement and he shall return to his prior status.

(2) The agreement may be cancelled for good cause if the inmate fails to meet the conditions or if relevant information previously not known is brought to the attention of the Commission or the Department.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-20.06, Amended 1-26-93.

Fla. Admin. Code R. 23-20.007 Procedures

(1) Orientation: Information regarding Mutual Participation Program will be made available to all inmates and staff.

(2) Proposal: Each inmate eligible and desiring to participate is responsible for preparation of an initial proposal for consideration by the negotiating team.

(3) Negotiations: Following submission of the proposal by the inmate it shall be reviewed by representatives of both the Commission and the Department, either of which may request that negotiations be scheduled for further consideration of an agreement. All negotiating shall take place with the inmate and representatives of the Department and the Commission present affording free and open discussion of the proposed terms. No one member of the team shall dictate the terms of an agreement and efforts shall be made by representatives of the Department and the Commission and the inmate to reach practical and agreeable terms. Unless representatives of the Department, the Commission and the inmate are in agreement, no agreement can be written. Should the Department or Commission determine that the proposed agreement terms are unacceptable, the inmate shall be informed of the decision and the reasons therefore in writing.

(4) Once the conditions are agreed upon by the representatives of the Department, the Commission, and the inmate, the agreement should be prepared at the institution, if possible, signed by all participants, subject to review and approval by the Warden; and if approved, forwarded by the Commission representative to the Commission with notification to the Office of the Commission Clerk.

(5) The Office of the Commission Clerk will be provided with an opportunity to review all agreements at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission.

(6) Upon approval by the Commission, the representative of the Commission and the Department and the inmate shall be informed in writing and the agreement shall be in force. The original copy of the agreement shall be retained and placed in the Department’s Offender Record with copies to the Commission representative, the Department representative, the Office of the Commission Clerk, and the inmate.

(7) Renegotiation or Cancellation: Should the negotiated agreement not be approved by the Commission, the inmate, Commission’s representative, the Office of the Commission Clerk shall be notified in writing of the reasons for rejection. A proposed agreement may be returned to the negotiating team for possible renegotiation. Agreements may also be cancelled and submitted to the negotiation team for new negotiations when:

(a) There is failure on the part of any party to fulfill the terms of the agreement.

(b) New factors develop that are relevant and significantly affect the agreement that were not known at the time of negotiations and agreement approval.

(8) Monitoring:

(a) During the term of the agreement, the Department shall furnish the Commission routine reports and reviews regarding the progress that is being made toward completion of the agreement conditions. A final hearing (interview) will be scheduled by the Commission during the last 60 days prior to the parole date to verify satisfactory completion of the conditions. The final interview will consist of the following individuals:

Department Representative.
Commission Representative.
Inmate.

(b) If the agreement conditions have been satisfactorily met, the Commission’s representative shall report this information to the Commission.

(c) If the agreement conditions have not been satisfactorily met, the inmate or the Department or Commission representatives may recommend continuance, cancellation or renegotiation of the agreement. Recommendations made by the representatives should be prepared at the institution, if possible, signed by all participants subject to review and approval by the Warden; and if approved, then forwarded to the Commission with notification to the Office of the Commission Clerk. The Office of the Commission Clerk will be provided with an opportunity to review all recommendations at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission. The Commission shall make the final decision on the agreement and notify the representative of the Commission, the Department, the inmate, and Office of the Commission Clerk of the final action. Final Commission action shall take place prior to the proposed parole date. Review of the conditions under parole supervision will be the responsibility of the parole supervisor in accordance with Statutes. Additionally, the Commission and the Department shall jointly monitor the total program in order to prepare yearly reports as well as provide evaluation for future program direction.

(9) Parole: Upon certification that the inmate has successfully completed the terms of the agreement, the inmate shall be released on or before the date specified in the agreement, by order of the Commission, provided, however, the requirements of Section 947.18, F.S., are met.

(10) Violation of Conditions of Parole: Nothing contained herein shall alter the Commission’s right to revoke parole pursuant to Statutes. Violation of the terms or conditions upon which an individual is released on parole may render the parolee liable to arrest and return to prison.

(11) Discharge from Parole: In all cases the supervision term cannot extend beyond the length of the total sentence, pursuant to Statutes, although the Commission may discharge a person from parole prior to the agreed upon date.

History

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-20.07, Amended 1-26-93, 3-31-10, 2-12-13.

Chapter 23-21 COMMISSION OPERATIONS

Fla. Admin. Code R. 23-21.001 General

History

Rulemaking Authority 120.53, 947.06, 947.07, 947.20, 960.001(1)(d)3. FS. Law Implemented 120.53, 947.23, 947.06, 960.001 FS. History–New 9-10-81, Formerly 23-21.01, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 3-31-10, Repealed 12-24-15.

Fla. Admin. Code R. 23-21.002 Definitions

The following definitions are provided for the clarification of all terms used throughout Title 23, F.A.C.:

(1) “Aggravate” means to add a number of months to established number of months selected from the matrix time range.

(2) “Aggregation” means a process to separate multiple criminal episodes and score each single episode by determining the salient factor score, severity of offense behavior, presence of aggravating or mitigating circumstances and assess a number of months of incarceration for each scored episode. The total of months for each scored episode is then aggregated (added together) for the establishment of a presumptive parole release date.

(3) “Burglary” and “breaking and entering” are defined as they are found in the Florida Statutes on the dates the crimes were committed.

(4) “Commission Chair” means the commissioner who, as selected by the Governor and Cabinet, is authorized to conduct agency business and call and preside over Commission meetings.

(5) “Commission investigator,” is synonymous with “parole examiner,” “hearing examiner,” and “parole hearing examiner,” and means a Commission employee authorized to:

(a) Conduct an initial, subsequent, effective, extraordinary, or special interview;

(b) Provide professional case analyses and recommendations to the Commission;

(d) Hold release and recognizance, preliminary and final revocation, and rescission hearings and make findings of facts and recommendations to the Commission;

(e) Perform other duties as assigned.

(6) “Commission meeting” or “meeting” means a publicly noticed meeting of the Commission, including business meetings.

(7) “Commission Secretary” means the commissioner whom the commissioners select from their number to serve as secretary for a period of one year or until a successor is elected and qualified, and whose duties include serving notice and publishing information concerning Commission business meetings and preparation and distribution of agendas, maintenance of the official minutes, and recorder of minutes of all Commission business meetings.

(8) “Commission Vice-Chair” means the commissioner selected by the Governor and Cabinet to serve as Chair in the absence of the Chair, and who is authorized to call and preside over Commission meetings in the absence of the Chair.

(9) “Competent and persuasive” means that:

(a) The information is specific as to the behavior alleged to have taken place, and

(b) The source of the allegation appears to be reliable.

(10) “Conditional medical release” means the release of an inmate from incarceration by the Commission as set forth in section 947.149, F.S., under conditions of release and supervision, as a result of being referred by the Department as permanently incapacitated or terminally ill.

(11) “County jail time credit” means the time awarded by the court for time spent in custody prior to sentencing.

(12) “Criminal episode” means the commission of one or more criminal offenses ending with the last imposition of a court sanction. Any offense committed after a court sanction or pronouncement of disposition will be considered a subsequent criminal episode and subject to aggregation.

(13) “Department” means the Florida Department of Corrections.

(14) “Early termination of parole” means a Commission order of discharge from the term and conditions of parole prior to the expiration date of parole as set forth on the parole certificate.

(15) “Effective parole release date (EPRD)” means the actual parole release date, when authorized by the Commission as set forth in sections 947.1745, 947.1746 and 947.18, F.S.

(16) “Element of a crime” means that which is specifically contained in the statutory definition of the crime on the date the crime was committed.

(17) “Escape” is defined as it is found in the Florida Statutes on the date the crime was committed.

(18) “Exceptional circumstances” are those circumstances which are out of the ordinary.

(19) “Extend” means to increase the presumptive parole release date.

(20) “Extraordinary review” means an examination by the Commission of the entire record in an inmate’s case following the Commission’s decision declining to authorize an effective parole release date.

(21) “Final revocation hearing or final hearing” means a fact-finding quasi-judicial hearing held by the Commission, a commissioner, or the Commission’s authorized representative for the purpose of determining whether a parolee has violated the conditions of the parole and if so, what recommendation should be made to the Commission.

(22) “Good cause” means factors legally sufficient that justify action taken and which are not arbitrary, capricious, irrational, or unreasonable.

(23) “Individual particularity” means case-specific, factual material or references related to the inmate, including but not limited to the circumstances of the offense and unsatisfactory institutional conduct.

(24) “Initial date of confinement in execution of the judgment” means the initial date of incarceration in the Department or, in the instance of a county jail sentence, receipt at the county jail.

(25) “Inmate” means any person under commitment to incarceration in any state or federal correctional facility or county jail.

(26) “Juvenile sanction” means a court-imposed punishment on a minor for an act which, if committed by an adult, would have been criminal.

(27) “Matrix time range” means the range of months found where the inmate’s salient factor score total intersects with the inmate’s severity of offense behavior.

(28) “Mitigate” means to reduce the number of months used to establish the presumptive parole release date.

(29) “New information” means knowledge acquired subsequent to the initial interview or the establishment of the presumptive parole release date.

(30) “Nullification of parole” means the Commission action voiding the grant of parole when an inmate refuses to accept parole.

(31) “Presumptive parole release date (PPRD)” means the tentative parole release date, when authorized by the Commission as set forth in section 947.172, F.S.

(32) “Parole” means the release of an inmate, prior to the expiration of the inmate’s sentence(s), with a period of supervision to be successfully completed by compliance with enumerated conditions and terms of a release as ordered by the Commission.

(33) “Parolee” means an inmate who has been paroled.

(34) “Preliminary hearing” means an informal quasi-judicial hearing held after a parolee has been arrested pursuant to a Commission warrant to determine whether there is probable cause to believe that a violation(s) of a condition(s) of parole has occurred.

(35) “Present commitment” means the total of court sentences to incarceration, including an expired sentence(s) contained therein, resulting from a single criminal offense or multiple offenses involved in a single criminal episode. An inmate may have more than one present commitment for computation purposes. Further, court sentences of 60 days or more are considered as commitments to incarceration, including sentences to time served as provided in subsection 23-21.007(2), F.A.C.

(36) “Present offense of conviction” means the offense or offenses resulting in conviction in a single criminal episode. At least one of the convictions must result in a sentence to incarceration for 60 days or more, including sentences to time served of 60 days or more.

(37) “Prior criminal record” means a criminal offense(s) which results in the imposition of a judicial sanction, when both the consummation of the criminal offense(s) and the initial imposition of the judicial sanction(s) are obtained at some date earlier in time than the offense(s) resulting in commitment to incarceration for the present offense of conviction. For the purpose of scoring in this category, prior offenses resulting in probation with adjudication of guilt withheld will be counted.

(38) “Probation” means the release of a defendant for a period of judicially imposed supervision to be completed by compliance with enumerated conditions and terms of release, as ordered by the sentencing court.

(39) “Quorum” means a majority of the Commission.

(40) “Recidivist criminal factor” means 4 or more prior adult felony convictions or juvenile adjudications for felony offenses, from 4 or more separate criminal episodes, at least 2 of which resulted in a sentence of incarceration of 60 days or more.

(41) “Rescission of parole” means the withdrawal of an effective parole release date.

(42) “Revocation of parole” means the order of the Commission entered after a parolee has been found to have violated a condition(s) of parole and requires the parolee’s return to prison to resume service of the sentence(s).

(43) “Salient factors” are the indices of the inmate’s present and prior criminal behavior and related factors found by experience to be predictive in regard to parole outcome.

(44) “Satisfactory release plan” means a release plan that meets the following requirements and is approved by the Commission:

(a) A transitional housing program or residence confirmed by field investigation to be sufficient to meet the living needs of the parolee, or sufficient financial resources or assistance to secure adequate living accommodations;

(b) Self-sustaining employment or financial support sufficient to preclude the parolee from becoming a public charge, confirmed by field investigation;

(c) Both paragraphs (a) and (b), available in a community that does not represent individual, collective, or official resentment or hostility to an extent that it impairs the opportunity for lawful and peaceful existence of the parolee or any individual within that community;

(d) If the parolee is a convicted sexual offender or predator, the proposed transitional housing program or residence and employment must not pose an undue risk to persons under the age of eighteen;

(e) The occupants of the proposed transitional housing program or residence must not pose an undue risk to the parolee’s ability to reintegrate into society; and

(f) The proposed transitional housing program or residence must not contain any firearms.

(45) “Sentencing Guidelines” is synonymous with “Criminal Punishment Code” and means any sentencing scheme that does not provide for a parole component.

(46) “Severity of offense behavior” means the statutorily assigned degree of felony or misdemeanor for the present offense of conviction.

(47) “Subpoena” or “subpoena duces tecum” means a document signed by a commissioner or an authorized Commission representative which compels the attendance of a person at a Commission proceeding and may require the person so compelled to bring with him or her designated items as specified on the document.

(48) “Tentative release date” means the date projected by the Department for the inmate’s release from custody by virtue of gain-time granted or forfeited pursuant to section 944.275(3)(a), F.S.

(49) “Unsatisfactory institutional conduct” includes behavior which results in one or more of the following:

(a) A disciplinary action as defined by the Department that results in the loss of gain time and (or) placement in disciplinary confinement;

(b) A pending or completed court prosecution;

(c) A reclassification action, including but not limited to raising custody classification, transferring to a higher custody or level institution, or transferring to close management status;

(d) The Commission finding there is competent and persuasive evidence in the form of an admission against interest by the inmate, or

(e) The Commission finding there is competent and persuasive independent knowledge of an action pending either in court or in the Department’s disciplinary hearing process.

(50) “Vacate” means to set aside a previously established date or order.

(51) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused. The terms “crime” and “criminal” include delinquent acts and conduct.

(52) “Warrant” means a document executed by a commissioner or other authorized member of the Commission authorizing and requiring the arrest of a parolee or releasee for alleged violations of conditions of parole or other form of supervision

(53) “Work release” means the Department’s community work release program.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.002, 947.16, 947.165, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.21, 947.22, 947.23 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.02, Amended 7-9-87, 1-29-93, 1-5-94, 8-19-04, 8-17-06, 2-12-13, 2-3-14, 9-25-14, 7-16-17, 9-10-18, 7-28-26.

Fla. Admin. Code R. 23-21.003 Commission Organization

History

Rulemaking Authority 120.53, 947.07, 947.135 FS. Law Implemented 947.01, 947.04, 947.06, 947.135, 947.165, 947.22, 947.23 FS. History–New 9-1-81, Amended 10-1-82, 8-1-83, Formerly 23-21.03, Amended 1-26-93, 1-5-94, Repealed 8-17-06.

Fla. Admin. Code R. 23-21.004 Commission Meetings and Victim Input

(1) All Commission meetings are open to the public and all information presented at a Commission meeting is presented in public. Inmates do not have a right to be present at Commission meetings. Due to the nature of the matters that come before the Commission, the Chair reserves the right to control the proceedings to ensure the orderly conduct of the meetings, including requiring the orderly conduct of any person attending or recording a meeting.

(2) Upon request of a victim, a victim shall receive advance notice of all public parole proceedings in which he or she is a victim and shall have the right to be present at such proceedings. Victims shall be notified at the most current address available to the Commission.

(3) Upon request of a victim or any person harmed by the inmate or parolee, a victim or any person harmed by the inmate or parolee shall be given a reasonable time to address the Commission regarding any parole matter before the Commission by making an oral statement at a Commission meeting or by submitting a written statement.

(4) Victims are permitted to read from a prepared text or speak with the use of notes. Victims are permitted to use photographs and other aids in making a presentation. Victims are permitted to present an audio or a video presentation in lieu of or in addition to a personal presentation, provided the total does not exceed the allotted time.

(5) Upon request of a victim, a victim will be notified of action taken by the Commission within a reasonable time after the meeting.

(6) Victims who speak or have a written statement read into the record at a Commission meeting shall be advised that any information presented orally at a Commission meeting shall become public record.

(7) No testimony will be allowed at Commission meetings regarding revocation matters, in either the preliminary or final hearing context. Other than a victim or member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a parole revocation matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

(8) No testimony will be allowed at Commission meetings regarding rescission matters. Other than a victim or member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a parole recission matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

History

Rulemaking Authority 947.06, 947.07, 947.20 FS. Law Implemented 947.06, 947.149, 947.16, 947.172, 947.174, 947.173 FS. History–New 9-10-81, Formerly 23-21.04, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-12-13, 7-28-26.

Fla. Admin. Code R. 23-21.005 Parole Application

History

Rulemaking Authority 947.20 FS. Law Implemented 947.13 FS. History–New 9-10-81, Formerly 23-21.05, Repealed 1-26-93.

Fla. Admin. Code R. 23-21.0051 Full Commission Reviews

The Commission, consisting of three Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) Upon receipt of significant information impacting on parole decision-making, a single Commissioner can have a case placed on the docket for a full Commission vote;

(2) Should a panel split in their vote on any case voted on by a panel, the Chair or his or her designee will cast the deciding vote;

(3) Whenever a panel reviews a case which is on a docket and determines that new information has been gathered which suggests an extension or reduction of the established presumptive parole release date greater than sixty (60) months, the panel shall make its recommendation for such extension or reduction and refer the case to the full Commission. The panel’s recommendation regarding the new information shall include a statement of the specific reason for its recommendation;

(4) In any case where a panel agrees to set or reduce a Mutual Participation Program parole release date sixty (60) months or more, below the established presumptive parole release date, the panel shall make its recommendation for such extension and refer the case to the full Commission;

(5) All parole violation cases following final hearing;

(6) All effective interviews, extraordinary interviews, and extraordinary reviews;

(7) All conditional medical release cases;

(8) Establishing presumptive parole release dates for capital felony offenders;

(9) Reviewing presumptive parole release dates requests filed pursuant to Section 947.173, F.S., for capital felony offenders;

(10) Parole cases in which the Department is making a recommendation, separately from any other scheduled action;

(11) Rescinding or nullifying a parole granted by the Commission;

(12) Reviewing the term and conditions of parole as outlined in Rule 23-21.017, F.A.C.;

(13) When the Commission cannot reach a majority vote, the action of the Commission is no action and the case will be placed on the next docket; and,

(14) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of a presumptative parole release date for capital felony offenders.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.07, 947.149, 947.18, 947.20 FS. History–New 1-26-93, Amended 1-5-94, 8-17-06, 2-3-14, 7-16-17.

Fla. Admin. Code R. 23-21.0052 Panel Reviews

A panel consisting of two Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) Establishing presumptive parole release dates for offenders whose sentence does not include a capital felony;

(2) Inmate initiated reviews of presumptive parole release dates filed pursuant to Section 947.173, F.S., for offenders whose sentence does not include a capital felony;

(3) Reviewing subsequent parole interviews for possible modification of presumptive parole release dates;

(4) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of presumptive parole release dates for offenders whose sentence does not include a capital felony;

(5) Reviewing the term and conditions of parole, control release, conditional release and addiction recovery supervision cases;

(6) Approving, rejecting, returning for renegotiation or canceling Mutual Participation Program agreements;

(7) Ordering an alleged parole violator returned for a final hearing following a preliminary hearing;

(8) Ordering an alleged parole violator released from custody or discharged following a preliminary hearing;

(9) Ordering a conditional releasee, addiction recovery releasee or control releasee, charged with a violation, to be revoked and returned to custody or released from custody and restored to or discharged from supervision following a final revocation hearing;

(10) Reviewing warrant requests submitted by a single Commissioner as provided in Rule 23-21.021, F.A.C.;

(11) Establishing, extending, advancing or vacating control release dates;

(12) Granting or denying requests for early termination from parole, control release, addiction recovery and conditional release supervision;

(13) Modifying or deleting special conditions of parole, control release, addiction recovery and conditional release supervision;

(14) Ordering release on recognizance following a hearing;

(15) Establishing the term and conditions for control releasees, conditional releasees and addiction recovery releasees;

(16) Referring a case for a Full Commission review, with good cause; and,

(17) Any other case not specifically set forth to be voted on by a Full Commission, as set forth in Rule 23-21.0051, F.A.C.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.13, 947.135, 947.1405, 947.141, 947.146, 947.149, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.18, 947.19, 947.20, 947.23, 947.24 FS. History–New 8-17-06, Amended 7-16-17.

Fla. Admin. Code R. 23-21.006 Initial Interview Procedure

(1) Upon receipt of notice that an inmate has been committed to the Department or to a county jail for a parole eligible cumulative sentence of 12 months or more, the Commission shall schedule an initial interview for the inmate. Inmates shall be eligible for parole consideration on all sentences which were not imposed pursuant to Sentencing Guidelines. An inmate currently serving a sentence imposed pursuant to Sentencing Guidelines shall not be eligible for parole consideration upon a consecutive non-guidelines sentence until service of the latter sentence has begun. The following criteria shall be used in determining parole eligibility:

(a) Is the inmate confined solely as a result of a sentence(s) imposed under Sentencing Guidelines? If the answer is yes, the inmate is not eligible for parole consideration. If the answer is no, then:

(b) Where the inmate is confined as a result of multiple sentences, at least one of which is a sentence imposed under Sentencing Guidelines, whether concurrent or consecutive, the inmate shall be eligible for parole consideration, and can be paroled to the incarceration portion of the sentence(s) imposed under Sentencing Guidelines.

(2) Inmates received into the custody of the Department with sentences imposed under Sentencing Guidelines will be identified by the Department. Commission staff will then make preliminary parole eligibility determinations and assign initial interview dates.

(a) The initial parole interview date for an inmate whose parole is revoked and who is returned to the custody of the Department to resume service of the sentence(s) shall be set by the Commission within 6 months of the revocation.

(b) The initial parole interview date for a parole violator returned to the Department’s custody with any new sentence(s) not imposed under Sentencing Guidelines shall be assigned by staff according to current interview scheduling procedures set forth in subsection (5) of this rule.

(c) In the event an inmate is scheduled for an initial or subsequent interview and is not in the Department’s custody at that time, and the inmate is not determined to be an escapee, the investigator shall prepare a transaction sheet reflecting same and the case shall be rescheduled for the appropriate interview within 90 days. If the inmate is in another jurisdiction and is not serving a Florida sentence, the interview shall be conducted upon the inmate’s return to the Department’s custody.

(d) If the inmate exits the system while still under the service of an active commitment and is returned to the Department’s custody with a new sentence(s), the following action will be taken by the investigator at the time of interview:

New sentence(s) imposed solely under Sentencing Guidelines. If no presumptive parole release date was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In calculating a presumptive parole release date, the sentence(s), including sentences to time served of 60 days or more, imposed under Sentencing Guidelines shall not be scored, but may be considered an aggravating circumstance. If a presumptive parole release date was established prior to the inmate exiting the system, the existing presumptive parole release date shall be vacated and an initial interview shall be provided as set forth herein.
New sentence(s) imposed, one of which is a sentence imposed under Sentencing Guidelines. If no presumptive parole release date was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In calculating a presumptive parole release date, current rules of aggregation shall be applied on sentences not imposed under Sentencing Guidelines. Sentences of 60 days or more, including sentences of time served, imposed under Sentencing Guidelines shall not be scored, but may be considered an aggravating circumstance. If a presumptive parole release date was established prior to the inmate exiting the system, the existing presumptive parole release date shall be vacated and an initial interview shall be provided as set forth herein.

(3) Parole revocation with a new felony or misdemeanor conviction: Inmates whose parole is revoked after conviction for a new felony or misdemeanor offense and who are committed to a jail, stockade, or correctional institution shall be considered as a new admission. If the new sentence(s) is parole eligible, the Commission shall aggregate. If the new sentence(s) is not parole eligible, the new sentence(s) may be considered an aggravating circumstance in the establishment of a new presumptive parole release date. The Commission shall aggravate or aggregate each consecutive sentence.

(4) Conviction for crimes committed while incarcerated: Escape or any other crime committed during incarceration with an ensuing conviction and sentence vacates any previously established presumptive parole release date and shall cause the inmate to be considered a new admission. If the new sentence(s) is parole eligible, the Commission shall aggregate. If the new sentence(s) is not parole eligible, the new sentence(s) may be considered an aggravating circumstance in the establishment of a new presumptive parole release date.

(5) Initial interviews for parole eligible inmates shall be scheduled as follows:

(a) For inmates convicted on or before April 19, 1982, inmates serving an indeterminate sentence or a sentence of 5 years or less shall be scheduled for an initial interview not later than the end of the 5th month from the initial date of confinement in execution of the judgment and inmates serving sentences in excess of 5 years shall be scheduled for an initial interview not later than the end of the 10th month from the initial date of confinement in execution of the judgment. An inmate may waive in writing before a Commission investigator or a Department classification officer the initial interview.

(b) For inmates convicted on or after April 20, 1982:

Inmates sentenced to an indeterminate term or a term of 3 or less years or who have been sentenced under the provisions of the Youthful Offender Act or are determined to be youthful offenders by the Department shall have their initial interview scheduled within 7 months of the initial date of confinement in execution of the judgment.
Inmates sentenced to a term in excess of 3 years but not more than 6 years shall have their initial interview scheduled within 13 months of the initial date of confinement in execution of the judgment.
Inmates sentenced to a term in excess of 6 years but other than a life term shall have their initial interview scheduled within 23 months after the initial date of confinement in execution of the judgment.
Inmates sentenced to a term of life shall have their initial interview scheduled within 59 months after the initial date of confinement in execution of the judgment.
Inmates sentenced to serve a mandatory minimum sentence shall be scheduled for an initial interview from the initial date of confinement in execution of the judgment as follows:

a. Inmates serving a minimum mandatory term of 7 years or less shall be scheduled for an initial interview within 6 months of the expiration of the mandatory portion of the term,

b. Inmates serving a minimum mandatory term in excess of 7 years but less than 15 years shall be scheduled for an initial interview within 12 months of the expiration of the mandatory portion of the term,

c. Inmates serving a minimum mandatory term of 15 years or more shall be scheduled for an initial interview within 18 months of the expiration of the mandatory portion of the term.

Inmates designated mentally disordered sex offenders shall be scheduled for an initial interview within 90 days of receiving written notice from the Department of the need for such interview and that all investigative reports deemed necessary by the Commission are available for examination in the inmate’s file.
Any inmate who is adjudicated incompetent shall be scheduled for an initial interview within 90 days of the Commission receiving written notice from the court that mental competency has been restored.
The Commission may, by a vote of a quorum, order an initial interview earlier than scheduled except in cases where the inmate is serving a minimum mandatory term.

(6) Postponement or deferral of initial interview, for inmates convicted on or after April 20, 1982.

(a) A regularly scheduled initial interview may be postponed for a period not to exceed 90 days for good cause which shall include but not be limited to securing from the Department a copy of the inmate’s presentence or postsentence investigation report, a parole or probation violation report, or whatever other information is deemed necessary to conduct the initial interview. The Commission investigator shall note the reason(s) for postponement in writing. The Commission investigator shall forward the reason(s) for postponement to the Commission for rescheduling and the same shall be included in the inmate’s file.

(b) A regularly scheduled initial interview may be deferred as follows:

Inmates who are out to court when the initial interview is scheduled. Upon notification by the Department that the inmate has been returned from court without a new commitment, the initial interview shall be conducted no later than 90 days from the date of receipt of the written notification of return. Inmates who have received a new commitment shall be scheduled for an initial interview pursuant to these rules.
Initial interviews for inmates who are confined in any appropriate treatment facility by virtue of transfer by the Department may be deferred and shall result in the rescheduling of the initial interview no later than 90 days after receipt of written notice from the Department that the inmate has been returned to their custody. Inmates designated Mentally Disordered Sex Offenders are not included in this deferral procedure.

(7) Inmates convicted of capital crimes on or before April 19, 1982, shall be interviewed as follows:

(a) Inmates serving life sentences for capital crimes with 25 year minimum mandatory sentences will be interviewed within the last 18 months before the expiration of the mandatory portion of the sentence. To calculate the interview date, begin with the most recent date of sentence for the capital felony, add 25 years representing the mandatory portion of the sentence, subtract the jail credit awarded by the court, add in any out time for post-conviction bond or escape and then subtract 18 months. The inmate will not be interviewed before the resulting date.

(b) Inmates serving sentences for capital crimes who do not have minimum mandatory sentences will be interviewed within one year of receipt by the Department or when they may be statutorily eligible for parole consideration.

(8) Inmates convicted of capital crimes on or after April 20, 1982, shall be scheduled for an initial interview as provided in these rules.

(9) The initial interview shall be in two parts. In Part I, the Commission investigator shall determine whether the inmate is eligible for consideration for parole. The determination shall be based upon the following:

(a) Is the inmate confined in execution of the judgment and sentence, i.e., is there a judgment and sentence in the inmate’s Department file which indicates a sentence of 12 months or more or which indicates an indeterminate sentence? If the answer is no, then the Commission investigator shall postpone the interview for 60 days and notify the Commission the reason for postponement. If the answer is yes, then:

(b) For inmates subject to incarceration as a condition of probation, the following shall be determined:

Is the inmate confined solely as the result of a commitment where his incarceration is a condition of probation? If the answer is yes, the inmate shall be advised that he is not eligible for consideration for parole. If the answer is no, then:
Where the inmate has multiple commitments, at least one of which is a concurrent commitment where his current incarceration is a condition of probation, and at least one of which is a non-probationary commitment which will expire subsequent to the expiration of the condition of incarceration, the inmate shall not be ineligible for parole, but shall have a presumptive parole release date established beyond the expiration date of the condition of probation.
Where the inmate has multiple commitments, at least one of which is a consecutive commitment where his incarceration is a condition of probation, the inmate shall be eligible for parole to the incarceration portion of his probation.

(c) Is the inmate’s record during confinement good? If the answer is no, then the interview is at an end. The recommendation of the Commission investigator shall be to reschedule the initial interview within 6 months. If the answer is yes, Part II of the initial interview shall proceed as set forth in these rules. Record during confinement is good means that within the 3 months preceding the initial interview, an inmate has:

Neither pending nor processed disciplinary actions which may result in the loss of gain-time or placement in disciplinary confinement. For the purpose of this section, pending means a formal disciplinary report document has been created by the Department; and,
No pending court prosecutions in any Florida court. For purposes of this section, detainers that are not being actively pursued are not to be considered a pending court prosecution; and,
No reclassification actions raising custody classification, transferring to a higher custody or level institution, transferring to close management status; and,
No terminations of community work release for cause; and,
No pending revocation proceedings or entries of a Commission order revoking parole.

(10) Part II of the initial interview. The Commission investigator shall explain to the inmate the scoring of the inmate’s salient factor score and the severity of offense behavior. The Commission investigator shall discuss the inmate’s individualized institutional conduct record and explain the requirements of a satisfactory release plan for parole supervision and how those factors can impact parole release. The Commission investigator will record any direct input offered by the Department’s representative, if present during the interview. The Commission investigator shall discuss any aggravating or mitigating factors with the inmate. The Commission investigator shall explain the calculation of time in custody. At the close of the interview, the inmate shall be orally informed that only a quorum may establish his or her presumptive parole release date. The inmate shall be requested to sign a statement which is an acknowledgment that the inmate was present during the initial interview and was verbally advised that only a quorum may establish his or her presumptive parole release date.

(11) The Commission investigator shall reduce the recommended salient factor score, severity of offense behavior, aggravation, mitigation, time in custody calculation, and the recommended presumptive parole release date to writing and, within 10 days of the initial interview, forward those written recommendations to the Commission.

(12) Inmates serving parole eligible sentence(s) imposed by a court of this state in a facility outside the confines of this state shall not be scheduled for an in-person initial interview with a Commission investigator, but are entitled to establishment of a presumptive parole release date in accordance with the same timeframes provided for inmates confined within this state.

(a) If the inmate was sentenced in a court of this state, but was transferred to another jurisdiction before entering the custody of the Department, the Commission will not be aware of the parole eligible sentence unless the inmate or another individual or entity notifies the Commission. Upon such notification, the Commission shall obtain the commitment package from the Florida sentencing court(s) and begin the parole review process. Inmates who are received into the custody of the Department and later transferred to another jurisdiction will have had a Commission review of parole eligibility upon their Florida commitment(s).

(b) At the time the inmate would have been scheduled for an initial interview if confined within this state, the Commission investigator will request a summary of information from the inmate’s file from the other jurisdiction. The Commission investigator will review the inmate’s commitment papers and institutional progress. If the Commission investigator determines that the inmate is presently eligible for consideration for parole, the investigator will record recommendations for the inmate’s salient factor score, severity of offense behavior, time in custody calculation, and any aggravating or mitigating factors. The Commission investigator’s recommendation shall be forwarded to the case manager of the prison where the inmate is incarcerated with a request that the inmate be called out and allowed to review the Commission investigator’s recommendation. The case manager shall be informed that the inmate should be asked to sign an acknowledgment of the interview and give an input statement for consideration by the Commission. If questions arise about the formulation of the presumptive parole release date, the case manager is encouraged to contact the investigator directly. If prison regulations permit, the Commission investigator may choose to discuss the presumptive parole release date recommendation directly with the inmate by telephone or other virtual means. The Commission investigator shall notify in writing any inmate convicted on or before April 19, 1982, of the presumptive parole release date recommendation. Within 10 days of the Commission investigator receiving the acknowledgment of interview signed by the inmate or witnessed by the case manager, the Commission investigator shall forward the recommendation along with acknowledgment of interview and any input statement to the Commission.

(13) Upon receipt of the Commission investigator’s recommendation, the Chair or designee shall assign the case to a quorum for decision making.

(14) Within 90 days of the initial interview, the quorum shall reach a decision and notify the inmate of each recommendation made by a Commission investigator and shall, based upon competent and persuasive evidence, determine whether the inmate is eligible for consideration for parole.

(a) If the Commission investigator’s recommendation was that the inmate was not eligible for consideration for parole, and, as a result, the Commission investigator did not forward a written recommendation for a presumptive parole release date, the quorum may remand the matter to the Commission investigator for immediate consummation of the initial interview and written recommendation for a presumptive parole release date.

(b) If the Commission investigator’s recommendation was that the inmate was eligible for consideration for parole and the Commission investigator forwarded a written recommendation for a presumptive parole release date, the quorum shall:

Either establish a presumptive parole release date and inform the inmate in writing of its decision regarding the salient factor score, severity of offense behavior, aggravating or mitigating factors with individual particularity, time in custody calculation, and the established presumptive parole release date, or
Determine that the inmate is not eligible for consideration for parole, and inform the inmate in writing as to the reasons for ineligibility. If the reason for ineligibiltiy is that the inmate was not eligible at the time he or she was interviewed, an initial interview shall be rescheduled for the inmate at an appropriate time.

(15) Presumptive Parole Release Date exceeds expiration of sentence. Pursuant to these rules, the Commission shall establish a presumptive parole release date for inmates found to be eligible for parole consideration. If the established presumptive parole release date exceeds the expiration of sentence date, that date shall not incarcerate the inmate past the expiration of his sentence.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.002, 947.16, 947.165, 947.172 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.06, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 11-10-25, 7-28-26.

Fla. Admin. Code R. 23-21.007 Salient Factor Scoring

Salient factors, subsections (1) through (5), shall be calculated on the inmate’s criminal record.

(1) NUMBER OF PRIOR CRIMINAL CONVICTIONS:

Recidivist Criminal Factor as defined

RCF

Three or more prior convictions

2 Points

One or Two prior convictions

1 Point

No prior convictions

0 Points

(a) Misdemeanor convictions or adjudications do not constitute criteria to be used in determining Recidivist Criminal Factor. Further, individual felony convictions or adjudications within a single criminal episode result in the entire criminal episode being considered as one prior felony conviction or adjudications when computing the Recidivist Criminal Factor. Inmates who meet the criteria of the Recidivist Criminal Factor shall not be scored on the remaining five factors as the inmate automatically falls within the Recidivist Criminal Factor time ranges on the matrix. Once an inmate is found to meet the criteria to be scored in the Recidivist Criminal Factor time ranges, all rescoring on subsequent incarcerations must also fall in the Recidivist Criminal Factor time ranges unless it is determined an error was made in an earlier scoring.

(b) For purposes of scoring this item, do not count vagrancy, loitering, disorderly conduct, disturbing the peace, public drunkenness, disorderly intoxication, violations of local ordinances which would not constitute violations of State Law and noncriminal traffic infractions as prior criminal record. Convictions for prowling, trespassing, criminal mischief, malicious mischief, criminal contempt of court and failure to appear, shall be counted. Serious vehicular convictions which shall include but not be limited to driving while intoxicated or hit and run, shall be counted as prior criminal record.

(c) Count all prior juvenile sanctions which would have been criminal if committed by an adult. Do not count “status offenses,” for example runaway, truancy, habitual disobedience, as prior criminal record. This does not, however, preclude a Hearing Investigator nor a quorum from considering such behavior as a negative indicant of parole prognosis.

(d) Count all prior military criminal convictions which would have been subject to civilian criminal law. Do not count military convictions for strictly military type offenses. However, this does not preclude considering serious misconduct as a negative indicant of parole prognosis.

(e) Count all pleas of guilty, pleas of nolo contendere, convictions or adjudications which result from criminal offenses committed while on bail or probation for the present offense of conviction. Conduct resulting in diversion from the judicial process without a plea of guilty or a plea of nolo contendere or a specific finding of guilt, deferred prosecution, pretrial intervention, probation without plea, is not counted in scoring this item.

(f) Do not count the present state conviction or conviction resulting from the present offense behavior as a prior criminal record.

(g) Do not count offenses when adjudication is withheld, unless a sanction is imposed.

(h) Setting aside or removal of juvenile or youth convictions or adjudications is normally for civil purposes. Such convictions or adjudications are to be counted as prior criminal record when assessing parole risk. Adult convictions which were set aside or pardoned on grounds of innocence are not to be counted. Convictions which were reversed on appeal or via post-conviction relief are not to be counted unless a retrial resulted in conviction or convictions.

(i) If an inmate has maintained a conviction-free record in the community and has not been incarcerated or under court ordered or post release supervision for a period of ten consecutive years, the criminal record prior to the ten-year period shall not be counted for any salient factor. This shall not prevent consideration of such behavior as a negative indicant of parole prognosis. A substantial conviction-free period in the community not amounting to ten years may be considered as a positive indicant of parole prognosis.

(2) NUMBER OF PRIOR INCARCERATIONS:

Two or more prior incarcerations

2 Points

One prior incarceration

1 Point

No prior incarceration

0 Points

(a) For purposes of this item, count only imposed incarcerations of sixty days or more.

(b) Count all prior incarcerations, including commitments and placements in residential juvenile facilities resulting from a sentence imposed for a conviction or adjudication.

(c) Count only incarcerations that were actually imposed; do not count confinement pending trial or adjudication as an incarceration unless the sentence was specifically to “time served.” Concurrent or consecutive sentences for offenses in the same criminal episode are to be counted as a single incarceration.

(d) Count only incarcerations which were imposed prior to the receipt by commitment for the present offense of conviction. Incarcerations which were imposed after the commission of the present offense of conviction are not counted for purposes of this item; unless the incarceration resulted from a criminal offense committed while on bail or probation for the present offense of conviction. This does not preclude considering the commission of additional offenses as a negative indicant of parole prognosis.

(e) Incarcerations resulting from convictions or adjudications which were set aside or pardoned on grounds of innocence are not to be counted nor are incarcerations imposed as a condition of probation.

(3) TOTAL TIME IMPOSED IN YEARS:

Two or more years imposed

2 Points

Up to two years imposed

1 Point

No time previously imposed

0 Points

(a) Count all time imposed for all prior incarcerations for 60 days or more. Months or days should be aggregated to form years or fractions thereof.

(b) Score 2 if the total time imposed for all prior incarcerations is 2.0 years or longer.

(d) Score 0 if there are no prior incarcerations imposed.

(e) Do not count time imposed on a conviction which was later set aside or pardoned on grounds of innocence or was an incarceration imposed as a condition of probation.

(4) NUMBER OF PROBATION, PAROLE OR MCR REVOCATIONS:

Two revocations

2 Points

One revocation

1 Point

No revocations

0 Points

(a) For purposes of this item, “parole” includes mandatory conditional release (MCR), conditional release, control release, conditional medical release, additional recovery supervision, and compulsory conditional release (CCR).

(b) Score 1 if the inmate has ever had parole revoked or if the inmate has ever had probation revoked. However, do not count probation revocations which do not result in a sentence to incarceration for the offense for which probation was being served.

(c) Score 0 if the inmate has never had parole or probation revoked or if the inmate’s only probation revocation did not result in a sentence to incarceration of sixty days or more.

(d) Do not consider any parole revocation on a conviction which was later set aside or pardoned on grounds of innocence.

(e) Three or more revocations of probation, parole, CCR or MCR shall be considered as a negative indicant of parole prognosis, and may be used as an aggravating factor.

(5) NUMBER OF PRIOR ESCAPE OR ATTEMPTED ESCAPE CONVICTIONS:

Two or more prior escape or attempted escape conviction(s)

2 Points

One prior escape or attempted escape conviction

1 Point

(a) Score 2 points if the inmate has two or more prior escape or attempted escape convictions prior to the present offense of conviction.

(b) Score 1 if the inmate has ever been convicted of an escape or attempted escape prior to the present offense of conviction.

(6) BURGLARY, BREAKING AND ENTERING OR ROBBERY AS THE PRESENT OFFENSE OF CONVICTION:

Present Offense of Conviction includes a conviction for burglary, breaking and entering or robbery

1 Point

Otherwise

0 Points

(a) Score 1 if the present offense of conviction for which the inmate has been convicted includes burglary, breaking and entering or robbery, whether or not a sentence to incarceration was imposed. Such conviction shall not form the basis for a decision outside the matrix time range.

(b) Score 0 if the present offense of conviction does not include a burglary, breaking and entering or robbery. Do not point convictions for entering without breaking, attempted burglary, attempted breaking and entering, attempted robbery or possession of burglary tools.

(c) More than one conviction for burglary, breaking and entering or robbery may be considered as a basis for a decision outside the matrix time range as a negative indicant of parole prognosis.

(d) Do not score 1 point if the conviction of burglary, breaking and entering or robbery is a consecutive sentence. Such consecutive sentence shall be considered a negative indicant of parole prognosis and the basis for a decision outside of the matrix time range.

History

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06, 12-30-08, 3-31-10, 2-12-13, 7-30-14, 7-16-17.

Fla. Admin. Code R. 23-21.008 Severity of Offense Behavior

The severity of offense behavior shall reflect the present offense of conviction’s degree of felony or misdemeanor. If the present offense of conviction involved multiple separate offenses, the severity of offense behavior shall be established for the most serious of the separate offenses which resulted in a sentence to incarceration or in a sentence to 60 days or more when aggregation is utilized, including sentences of 60 days or more to time served. The other offenses may be used as aggravating factors whether those commitments are active or expired. This shall be applied to both offenses that led to either consecutive or concurrent sentences and convictions resulting in sentence disposition other than to incarceration. If the actual offense behavior was more or less severe than the present offense of conviction, a decision outside the matrix time range may be considered.

History

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.08, Amended 1-5-94, 8-17-06.

Fla. Admin. Code R. 23-21.009 Matrix Time Ranges

(1) Calculate and total the Salient Factor Score.

(2) Determine the degree of felony or misdemeanor of the Present Offense of Conviction.

(3) Locate the Matrix Time Range where the Salient Factor Score total intersects with the Severity of Offense Behavior.

(4) If the totality of the circumstances of the Present Offense of Conviction warrants a decision outside the Matrix Time Range, or if there are indicants relative to the likelihood of favorable parole outcome which warrant a decision outside the Matrix Time Range, the appropriate Aggravation or Mitigation factors must be stated in writing with individual particularity.

(5) MATRIX:

Severity of Offense Behavior1

Salient Factor Score2

Recidivist

Criminal

(0-1)

(2-4)

(5-7)

(8-11)

Factor

Misdemeanor (Cumulative Sentence of 1 or more Years)

8-12

12-16

16-22

24-32

Felony 3º (Statutory Sentence – Maximum of 5 Years)

12-20

20-26

26-32

32-48

48-64

Felony 2º (Statutory Sentence – Maximum of 15 Years)

20-26

26-32

32-48

48-64

90-120

Felony 1º (Statutory Sentence – Maximum of 30 Years)

30-70

70-90

90-120

120-180

180-300

Felony 1º and Life Felony (Statutory Sentence – Maximum Life)

80-100

100-120

120-140

140-180

300-400

Capital Felony (Statutory Sentence – Life)

120-180

180-240

240-300

300-9998

400-9998

NOTES:

Length of Sentence as well as Salient Factor Score shall be considered when determining the Presumptive Parole Release Date.
Matrix Time Ranges are reported in months.

(6) Youthful Offender Matrix:1

SEVERITY OF OFFENSE BEHAVIOR2

SALIENT FACTOR SCORE3

(0-1)

(2-4)

(5-7)

(8-11)

Misdemeanor (Cumulative Sentence of 1 or More Years)

6-9

9-12

12-16

Felony 3º (Statutory Sentence – Maximum of 5 Years)

9-15

15-19

19-24

24-36

Felony 2º (Statutory Sentence – Maximum of 15 Years)

15-19

19-24

24-36

36-48

Felony 1º (Statutory Sentence – Maximum of 30 Years)

22-52

52-67

67-90

90-135

Felony 1º and Life Felony (Statutory Sent. – Max. Life)

60-75

75-90

90-105

105-135

Capital Felony

90-135

135-180

180-225

225-9998

NOTES:

1To be used when the inmate is sentenced by the court under chapter 958, F.S. (Youthful Offender Act), when the inmate is classified as a youthful offender by the Department of Corrections, or when the offender was less than 18 years of age when the primary offense was committed for initial interviews conducted subsequent to the effective date of this rule.

2Length of Sentence as well as Salient Factor Score shall be considered when determining the Presumptive Parole Release Date.

3Matrix Time Ranges are reported in months.

History

Rulemaking Authority 947.002(1), (2), (5), 947.07, 947.165 FS. Law Implemented 947.165 FS. History–New 7-22-81, Amended 4-11-83, Formerly 23-21.09, 7-30-14.

Fla. Admin. Code R. 23-21.010 Decisions Outside the Matrix Time Range

(1) The Commission may render a decision outside the matrix time range based on any competent and persuasive evidence relevant to aggravating or mitigating circumstances if the inmate is furnished a written explanation of such a decision. The requirements of competent and persuasive evidence are:

(a) That the information is specific as to the behavior alleged to have taken place; and,

(b) The source of the allegation appears to be reliable.

(2) Information (for example information supporting a count of an indictment that was dismissed as a result of a plea agreement) may be relied upon as aggravating or mitigating circumstances provided it meets the competent and persuasive criteria. However, the following aggravating factors shall not be used:

(a) Any element of the crime;

(b) Information included in calculating the salient factor score;

(d) Charges for which a person was acquitted after trial.

(3) The Commission shall use as an aggravating factor all existing consecutive sentences, including parole ineligible sentences. In so doing, a specific number of months shall be assessed for each consecutive sentence(s), even if one of such sentences is for the most serious offense as defined in these rules. A consecutive sentence(s) for the underlying offense(s) in a felony murder conviction shall be used as an aggravating factor(s), but the number of months assessed for these sentences shall be zero.

(4) The Commission investigator must state in writing with individual particularity why the specific aggravation or mitigation factor(s) was recommended. This does not mean that those are the only situations in which a recommendation of aggravation or mitigation may be considered by a Commission investigator, nor does it mean that a recommendation of aggravation or mitigation is mandated for every such case. The Commission’s adoption of a Commission investigator’s recommendation without change adopts the Commission investigator’s explanation of aggravation or mitigation. Additionally, the Commission is free to consider and apply aggravation or mitigation regardless of whether the Commission investigator’s recommendation included the same and the Commission is free to disregard any recommendation by the Commission investigator and independently recompute the Salient Factor Score, Severity of Offense Behavior and apply any aggravation or mitigation deemed necessary as long as the inmate receives in writing an explanation of such decision with individual particularity.

(5) Following are examples of situations in which a Commission investigator or the quorum may wish to consider a recommendation of aggravation or mitigation. However, these are only examples and the Commission is not limited to only these examples as long as a written explanation of the factor is provided to the inmate:

(a) Aggravation – Decisions above the matrix time range:

Reasons related to aggravation of the severity of offense behavior can include:

a. The offense involved the use of a firearm or dangerous weapon,

b. The offense was committed for pecuniary gain,

c. The offense involved multiple victims or knowingly created a great risk of bodily injury or death to many people,

d. The offense involved exceptionally brutal or heinous behavior indicative of wanton cruelty,

e. The offense was part of a large-scale organized scheme or criminal conspiracy,

f. The offense was committed against a victim known to be particularly vulnerable, such as elderly persons, physically or mentally handicapped persons, children,

g. Any additional offenses,

h. The inmate committed an offense for the purpose of avoiding or preventing a lawful arrest or effecting an escape,

i. Extent of psychological trauma to the victim(s),

j. Inmate concealed or destroyed evidence in an attempt to avoid apprehension,

k. In an attempt to avoid apprehension, the inmate fled from the jurisdiction where the crime was committed,

l. The offense was committed against a victim that the inmate had custodial or familial authority over,

m. The inmate is or has been affliated with a gang.

Reasons related to likelihood of favorable parole outcome, negative indicants of parole prognosis can include:

a. The offense was committed while on bond, after bond was entreated or on release on recognizance,

b. The inmate has a history of alcohol or narcotics abuse,

c. The inmate has a history of assaultive or violent behavior,

d. The inmate has a history of poor institutional conduct,

(b) Mitigation – Decisions below the matrix time range:

Reasons related to mitigation of severity of offense behavior can include:

a. The crime neither caused nor threatened serious harm to persons nor property, or the inmate did not contemplate it would do so,

b. The inmate committing the crime was of such a young age as to diminish his capacity to fully understand the seriousness of his action and its direct consequences,

c. The victim of the crime induced or facilitated the offense,

d. There is substantial evidence tending to excuse or justify the crime, though failing to establish a defense,

e. The inmate acted under strong provocation or duress,

f. The inmate had only a peripheral role in the crime,

g. The inmate had diminished mental capacity to contemplate the seriousness of the offense,

h. There is confirmed evidence that the inmate attempted to withdraw prior to completion of the offense or attempted to make restitution prior to the discovery of the offense,

Reasons related to likelihood of favorable parole outcome, positive indicants of parole prognosis can include:

a. The inmate has led a law-abiding life for a substantial period before commission of the crime,

b. The inmate has the availability of extremely strong community resources,

c. The inmate has strong family ties,

d. The inmate has education and skills which make him or her employable within the community,

e. The inmate has made restitution to the victim of this crime for the injury, damage, or loss sustained,

f. The inmate has a poor medical prognosis,

g. The inmate has provided substantial cooperation or assistance to the government which has been otherwise unrewarded,

h. The inmate has either saved the life of or protected a Department of Corrections employee from assault or injury,

i. The inmate faces a substantial period of incarceration for other offenses,

j. The inmate has made a record of clearly exceptional program achievement (This factor would normally not be applied at the time of the initial interview but may be applicable after a substantial period of incarceration),

k. The inmate is an alien and faces deportation under a deportation order or detainer which has been formally entered by the United States Immigration and Customs Enforcement.

History

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Formerly 23-21.10, Amended 1-26-93, 1-5-94, 8-17-06, 7-30-14, 7-16-17.

Fla. Admin. Code R. 23-21.011 Calculating Time in Custody

Time in custody means only time in actual physical custody for the present offense of conviction. Time out of incarceration shall be part of the calculation of time in custody. Time out shall include but not be limited to bail, supersedeas bond, escape, unauthorized absence from official custody, parole or MCR not credited by the Commission, or Federal Witness Protection and must be considered before a presumptive parole release date is established. Following are the procedures to be followed in calculating time in custody for single conviction commitments, multiple conviction commitments and cases where aggregation applies:

(1) Single Conviction Commitments:

(a) From the inmate’s judgment and sentence document, determine the date of sentencing of the present offense of conviction.

(b) From the judgment and sentence document, determine the amount of county jail credit the Court awarded the inmate.

(c) Subtract from the date of sentence the Court awarded county jail credit. This will reflect the date the inmate was in actual physical custody as determined by the Court.

(d) Subtract any credit awarded by the Commission.

(e) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include for example, mandatory conditional release, supersedeas bond, escape, or grant of reprieve or parole. If the inmate was out of incarceration, ascertain the exact number of days out of incarceration and add those days to the date found in paragraph (c), above. This computation will produce the “TIME BEGINS” date.

(f) Determine the total number of months for incarceration and add that time to the “TIME BEGINS” date, as determined in paragraph (e), above. The resulting date will be either the recommended (by a Commission investigator) or the established (by quorum) presumptive parole release date.

(2) Multiple Conviction Commitments:

(a) Examine all the judgment and sentence documents and determine the amount of county jail credit for each conviction. Subtract from the date of each sentence the Court awarded county jail credit for that sentence and use the earliest date computed. Care must be taken in computing this time so that the inmate does not receive duplicate credit nor is the inmate to be denied authorized county jail time credit.

(b) Subtract any credit awarded by the Commission.

(c) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include, for example, mandatory conditional release, supersedeas bond, escape, or grant of reprieve or parole. If the inmate was out of incarceration, ascertain the exact number of days out of incarceration and add those days to the date found in paragraph (a), above. If the inmate is paroled to a non-parole eligible sentence(s), the time served on those sentences may be considered for the purposes of computing the “TIME BEGINS” date.

(d) Determine the total number of months for incarceration for the multiple conviction commitments and add that time to the “TIME BEGINS” date, as determined in paragraph (b), above. The resulting date will be either the recommended (by a Commission investigator) or the established (by quorum) presumptive parole release date.

(3) Aggregation is intended to serve as a mechanism for uniformly evaluating criminal episodes which occur prior to discharge from incarceration or parole. When an investigator finds at an initial interview that an inmate has more than one criminal episode which occurred prior to his discharge from incarceration or parole, the investigator shall aggregate each applicable criminal episode’s present commitment. Inasmuch as all sentences must be considered for parole consideration, when an inmate has expired commitments without intervening periods of discharge from incarceration or parole, including sentences to “time served,” resulting from previous criminal episodes, such expired commitments shall be considered present commitments for purposes of aggregation. In the event the Commission does not revoke parole, such present commitment or commitment on which the inmate was paroled shall not be subject to aggregation.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.002, 947.165 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.11, Amended 1-26-93, 8-17-06, 2-3-14, 7-16-17.

Fla. Admin. Code R. 23-21.012 Inmate Initiated Review of Presumptive Parole Release Date

(1) An inmate can request one review of each initial presumptive parole release date established according to Section 947.173(1), F.S., if the inmate shows cause in writing, with individual particularities, within sixty (60) days after the date the inmate is notified of the establishment of the presumptive parole release date. In that request for review, the inmate must address every matter with which he takes issue or exception. The Commission shall accept the request for review either from the inmate, from the inmate’s attorney or from a person with a power of attorney from the inmate. The request for review may be submitted on form PCG-5, which is hereby incorporated by reference. However, the Commission shall not require any particular form for the request for review. The following matters must be included:

(a) Inmate name and Department of Corrections Prison Number;

(b) Inmate’s established presumptive parole release date;

Salient Factor Scoring;
Severity of Offense Behavior;
Aggravating or Mitigating Factors;
Calculation of Time in Custody.

(d) The relief sought by the inmate.

(e) The inmate can submit any written or printed evidence purporting to be an official court record. However, any such evidence shall be verified by the Commission and if verification proves any portion of the printed evidence to be invalid or false, the Commission shall inform the proper State Attorney.

(2) The Commission shall not entertain requests for review on any other Commission action.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.173 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-21.12, Amended 1-26-93, 1-5-94, 8-17-06.

Fla. Admin. Code R. 23-21.013 Subsequent Interview Procedure

(1) The Commission shall schedule a subsequent interview for every eligible inmate as required by section 947.174, F.S.

(2) The Commission investigator shall review the inmate’s institutional file to determine if there is new information since the previous interview. New information shall include new court actions; successful appeals of court actions; prison progress reports; disciplinary reports; psychological or psychiatric reports; gain-time and extra gain-time awards; vocational training or treatment programs successfully completed, in progress, or abandoned; educational accomplishments or abandonments; work release or terminations of work release; pardons, sentence commutations, or expunctions of record; and any other aggravating or mitigating factors which were not included in the institutional file at the time of the previous interview.

(3) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida’s jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(4) The Commission investigator shall discuss the information with the inmate and any Department representative. The Department representative will be contacted and permitted to provide the Department’s recommendation directly to the Commission investigator. The inmate will also be allowed to provide the Commission investigator comments or may ask the investigator to attach material(s) which the inmate wants the Commission to consider. The Commission investigator shall request the inmate sign an acknowledgment that the inmate was present during the subsequent interview. The Commission investigator shall reduce the recommendation to writing and send it to the Commission within 10 business days of the interview.

(5) For inmates serving parole eligible sentence(s) imposed by a court of this state and housed in a facility outside of this state, the Commission shall request, through the Department’s Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other jurisdiction. The Department shall forward the Commission’s Inmate Input Form to the other jurisdiction for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The Commission investigator shall reduce the recommendation to writing and send it to the Commission within 10 business days of receipt of the out-of-state materials. The Inmate Input Form, FPC IC-001, effective August 17, 2006, adopted and incorporated by reference https://www.flrules.org/Gateway/Reference.asp?No=Ref-03646, may be obtained by contacting the Florida Commission on Offender Review, Office of the Commission Clerk, 4070 Esplanade Way, Tallahassee, Florida 32399-2450, (850)488-1293.

(6) Within 90 days following the subsequent interview or receipt of the out-of-state materials, the quorum shall reach a decision on the recommendation made by the Commission investigator and notify the inmate of the decision. Based upon competent and persuasive evidence, the quorum may accept or reject the Commission investigator’s recommendation and may independently determine whether or not information has been gathered which affects the inmate’s presumptive parole release date. The commissioners shall each identify the reason(s) for rejecting a Commission investigator recommendation. The commissioners shall each identify the reasons for any final determinations modifying the presumptive parole release date.

(7) Inmates may waive a subsequent interview by preparing a written statement or by appearing before the Commission investigator and announcing the waiver in person. If an inmate waives his subsequent interview the Commission investigator will review the contents of the institutional file and will formulate a recommendation based on the factors that could have been considered in the conduct of the subsequent interview.

History

Rulemaking Authority 947.07, 947.174 FS. Law Implemented 947.174 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.13, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13, 2-3-14, 11-10-25, 7-28-26.

Fla. Admin. Code R. 23-21.014 Special Interviews

(1) Eligibility: A parole eligible inmate may be considered for a special interview for the following reasons:

(a) The saving of a life or the protection of a Department employee from assault or injury as verified by the Department;

(b) Providing information to the administration that assists in preventing an escape or results in the recapture of an escaped inmate, as verified by the Department;

(c) Assisting law enforcement agencies by providing relevant information for investigations or participating in requested activities that may result in arrest or prosecution, when recommended by the state attorney or law enforcement agency; or

(d) For good cause in exceptional circumstances.

(2) The Commission or a quorum may instruct a Commission investigator to conduct a special interview at any time during the incarceration portion of an inmate’s sentence. Such instruction shall contain a written statement setting forth the reason for the special interview and shall be made a part of the inmate’s Department file. The specific instruction, as well as any new information, shall be considered by the Commission investigator when making a recommendation to the Commission.

(3) The recommendation of the Commission investigator shall be forwarded to the Commission within 10 business days of the interview and a quorum shall inform the inmate in writing of its decision regarding the presumptive parole release date within ninety days of the special interview.

(4) The Department of Corrections may recommend a special interview or mitigation of an inmate’s presumptive parole release date. If the Department makes a recommendation for a special interview, staff will docket that recommendation for the Commission’s consideration.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.174 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.14, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13, 11-10-25.

Fla. Admin. Code R. 23-21.015 Effective Parole Release Date Interview Procedure

(1) Within 90 days before the effective parole release date interview, the Commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview. If the sentencing judge is no longer serving, the notice must be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge can designate any circuit judge within the circuit to act in place of the sentencing judge. Within 30 days after receipt of the Commission’s notice, the sentencing judge or the designee shall send to the Commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge such objection may constitute good cause in exceptional circumstances as described in section 947.173, F.S., and the Commission can schedule a subsequent interview, extending the presumptive parole release date beyond that time. The same procedure will be followed for any effective or extraordinary interview that follows. If the judge remains silent with respect to parole release, the Commission may authorize an effective parole release date. This procedure applies if the Commission desires to consider the establishment of an effective parole release date without delivery of the effective parole release date interview. Notice of the effective parole release date must be sent to the sentencing judge and either the judge’s response to the notice must be received or the time period allowed for such response must have lapsed before the Commission can authorize an effective parole release date. Within 90 days before an inmate’s presumptive parole release date, a Commission investigator shall interview the inmate for purposes of making a recommendation to the Commission on whether or not to authorize an effective parole release date and to establish a parole release plan.

(2) The Commission investigator shall interview the inmate and discuss the inmate’s institutional conduct. The Commission investigator shall request the inmate present his parole release plan but shall not comment on the acceptability or suitability of that plan. If the inmate has no parole release plan, the Commission investigator shall inform the inmate that the absence of a satisfactory parole release plan may cause the Commission to extend the effective parole release date up to one year until a satisfactory parole release plan has been developed. At the close of the effective parole release date interview, the inmate shall be requested to sign an acknowledgment of presence at the effective parole release date interview.

(3) For inmates serving a parole eligible sentence imposed by a court of this state and housed in a facility outside of this state, the Commission shall request, through the Department’s Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other jurisdiction. The Department of Corrections shall forward the Commission’s Inmate Input Form to the other jurisdiction for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The Commission investigator shall reduce the recommendation to writing and send it to the Commission within 10 business days of receipt of the out-of-state materials.

(4) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida’s jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(5) Extension of presumptive parole release date: The pending prosecution of a criminal offense in a court of this state, supported by information or indictment and alleged to have occurred during the service of the present sentence, may result in the extending of a presumptive or effective parole release date until resolution of the pending prosecution. The Commission shall, upon notice that the pending prosecution is completed, schedule the inmate for an interview.

(6) Within 10 business days of the interview, the Commission investigator shall reduce the recommendation regarding the inmate’s institutional conduct to writing and forward the recommendation to the Commission to inform the Commission if, at the effective parole release date interview, new information, either favorable or detrimental, was discovered which might affect the presumptive parole release date, and forward the inmate’s release plan to the Commission.

(7) Within 30 days after receipt of the inmate’s parole release plan at the Commission headquarters, the Commission shall determine whether to authorize the effective parole release date. The inmate shall be notified of the decision in writing within 30 days of the Commission’s decision.

(8) If the Commission finds the inmate’s parole release plan unsatisfactory, this finding can constitute new information and good cause in exceptional circumstances as described in section 947.173, F.S., under which the Commission may extend a presumptive parole release date for not more than one year. The Commission may review any subsequently proposed parole release plan at any time.

(9) The decision whether to authorize an effective parole release date requires a two-part analysis. In Part I, the Commission shall determine whether new information has been gathered which requires modification of the presumptive parole release date. If the Commission decides to modify the presumptive parole release date, it shall enter a written order modifying the presumptive parole release date. The order shall state with particularity the reason(s) for modifying the presumptive parole release date and shall inform the inmate of the date scheduled for his or her next interview.

(10) If the Commission does not modify the presumptive parole release date during Part I, it shall proceed to Part II wherein the Commission shall determine whether the inmate meets the criteria for parole release under the provisions of section 947.18, F.S. This determination is to be based upon a review of the entire official record in the inmate’s case. If the inmate is found to meet the criteria for parole release, an effective parole release date shall be authorized. If the inmate is found not to meet the criteria for parole release, the Commission shall enter an order declining to authorize the effective parole release date and referring the case for extraordinary review.

(11) If the Commission establishes an effective parole release date, the Commission shall reduce the term and conditions of the inmate’s parole to writing and inform the inmate of the term and conditions.

(12) In establishing the term of parole, the Commission shall examine the inmate’s sentence structure for the purpose of determining the existence of consecutive sentences. If it is discovered that consecutive sentences exist, the parole term shall be established for the maximum of the total sentence structure. In all cases, if the term of parole exceeds two years, the Commission shall advise the parolee in writing of the reasons for the extended term.

(13) When new information is received by the Commission subsequent to the grant of parole, to include an unsatisfactory release plan, unsatisfactory institutional conduct, or any other new information previously not available to the Commission at the time of the effective parole release date interview that would impact the Commission’s decision to grant parole, the effective parole release date may be postponed by any Commissioner as provided in Rule 23-21.019, F.A.C.

(14) If an inmate refuses parole, the Commission shall nullify the grant of parole and the presumptive parole release date may be extended up to the maximum release date. The Commission shall continue to interview the inmate as set out in Rule 23-21.013, F.A.C. Should an inmate waive his or her effective interview or at the time of the effective interview indicate his or her unwillingness to accept parole, the presumptive parole release date may be extended up to the maximum release date. The Commission shall continue to interview the inmate as set out in Rule 23-21.013, F.A.C.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1745, 947.24 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-3-14, 9-10-18, 11-10-25, 7-28-26.

Fla. Admin. Code R. 23-21.0155 Extraordinary Review Procedures

(1) When an inmate’s case is referred for extraordinary review by the Commission, an order shall be prepared outlining the reason(s) for the Commission’s decision. The order shall be acted upon by the Commission within 90 days of the decision declining to authorize the effective parole release date. The Commission’s order shall specifically state the reasons for finding the inmate to be a poor candidate for parole release pursuant to Section 947.18, F.S., and shall identify the information relied upon in reaching this conclusion. Additionally, the order shall suspend the established presumptive parole release date until such time that the inmate is found to be a good candidate for parole release. The determination, on extraordinary review, that an inmate is not a good candidate for parole release shall have the effect of overriding his presumptive parole release date however, the inmate shall continue to receive extraordinary interviews, which shall be scheduled pursuant to Rule 23-21.013, F.A.C.

(2) If upon extraordinary review, a majority of the Commission finds the inmate to be a good candidate for parole release pursuant to Section 947.18, F.S., the Commission shall enter a written order authorizing the effective parole release date, setting the date of release, and outlining the term and conditions of parole.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.07, 947.18 FS. History–New 8-1-83, Formerly 23-21.155, Amended 8-17-06, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-21.016 Notice to Local Agencies

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.175 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.16, Amended 1-26-93, Repealed 8-17-06.

Fla. Admin. Code R. 23-21.0161 Extraordinary Interview Procedure

(1) In conducting extraordinary interviews, investigators shall follow the procedures specified in these rules for conducting effective parole release date interviews and, additionally, shall obtain information relevant to the Commission’s previous determination that the inmate was not a good candidate for parole release. The Commission Investigator shall reduce his recommendation to writing and forward it to the Commission within 30 business days of the interview. The Commission shall independently review the complete official record in the inmate’s case. The inmate shall be informed in writing of the Commission’s findings on extraordinary review within thirty days of the Commission’s decision.

(2) If, as a result of extraordinary interview, the Commission finds the inmate to be a good candidate for parole release, it shall establish an effective parole release date within two years from the date of the Commission’s decision and schedule a new effective interview, if needed. Thereafter, actual release on parole is subject to the provisions of law authorizing postponement or rescission of an order of parole due to an unsatisfactory release plan, unsatisfactory institutional conduct, or acquisition of any other new information not available at the time of the most recent effective or extraordinary interview and as provided in Rule 23-21.019, F.A.C.

(3) If, as a result of extraordinary interview, the Commission finds that the inmate continues to be a poor candidate for parole release, the Commission shall again state the reasons and record support for this finding and shall again refuse to authorize an effective parole release date. Finally, the Commission shall schedule a subsequent extraordinary interview pursuant to Rule 23-21.013, F.A.C. Thereafter, such extraordinary interviews shall be performed in accord with this rule and shall continue until the Commission finds the inmate to be a good candidate for parole release or he otherwise satisfies his term of incarceration.

History

Rulemaking Authority 947.002, 947.07, 947.20 FS. Law Implemented 947.18 FS. History–New 8-17-06, Amended 11-10-25.

Fla. Admin. Code R. 23-21.0165 Conditions of Parole

(1) The following are the Standard Conditions of Parole:

(a) Condition 1 – Promptly upon being released on parole, I shall proceed to my planned place of residence. I shall report in person to the probation and parole office in _______ County, Florida, as instructed by the release officer, on _____ at ______. If no specific date/time is given, I shall report within 72 hours of my release.

(b) Condition 2 – I shall secure the permission of my parole officer before:

I change my residence or employment,
I leave the county of my residence or the state,
I post bail or accept pretrial release if I am arrested for a felony.

(c) Condition 3 – I shall submit a full and truthful report to my parole officer each month in writing on the forms provided in person as directed by my parole supervisor.

(d) Condition 4 – I shall not:

Own, carry, possess, or have in my constructive possession a firearm or ammunition,
Use or possess alcohol or intoxicants of any kind,
Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.
Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

(e) Condition 5 – I shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

(f) Condition 6 – I shall secure the permission of my parole officer before I own, carry or have in my constructive possession a knife or any other weapon.

(g) Condition 7 – I shall obey all laws, ordinances and statutory conditions of parole.

(h) Condition 8 – I shall:

Submit to a reasonable search by a parole officer, of my person, residence or automobile,
Waive extradition back to the State of Florida if I am wanted for return as an alleged parole violator,
Permit my parole officer to visit me at my residence, employment or elsewhere,
Promptly and truthfully answer all questions and follow all instructions asked or given to me by my parole officer or the Commission.

(i) Condition 9 – I understand that I am to remain on parole until released by expiration or by Commission order.

(j) Condition 10 – During my parole term, I agree to submit to random testing as directed by my supervising officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111, or Chapter 893, F.S.

(k) Condition 11 – During my parole term, I agree to submit and pay for urinalysis testing to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111, or Chapter 893, F.S., and understand that my failure to make such payment or participate as defined under this condition of my parole may be considered grounds for revocation of parole by the Commission on Offender Review.

(l) Condition 12 – I shall execute and provide authorizations to release records to my parole supervisor and the Commission so my progress and participation in required programs can be monitored and documented.

(2) There can also be imposed special conditions of parole. In the event the Commission elects to order an inmate released on parole, the record of such decision shall reflect whether or not a special condition of restitution is appropriate to the case being considered. In reaching the decision, the Commission shall review the analysis provided by its Commission investigator plus any other facts relevant to the issue of restitution.

(a) If restitution is ordered to become a special condition of the parole release, the Commission shall require full payment of the damage or loss sustained by the victim(s), unless reasons exist to not order full restitution. Examples of possible reasons why the Commission would order partial restitution are:

The inmate’s employment ability is limited or the inmate is dependent on others for a livelihood.
The inmate cannot realistically make full restitution and concurrently provide a means of financial support for himself and for his dependents.

(b) If the Commission determines the restitution is factually supportable for a given case, it can elect not to order restitution as a special condition of parole. The election to not order restitution shall be supported by reasons which are announced on the record at the time of the decision. Examples of reasons are:

It has been determined that the location of the victim is not known and reasonable effort to locate the victim has transpired; therefore, payment of restitution to the victim is not possible.
The victim has stated that restitution is not desired.
The amount of restitution cannot be determined.

(c) In the event the case record reflects an absence of needed information regarding an amount of loss, location of victim or other relevant facts, the Commission investigator assigned to provide the effective interview shall generate an investigation request to the appropriate Commission field office. A copy of such request will be attached to the effective interview material. Upon receipt of a restitution investigation request, the Commission field office shall promptly cause an investigation to be conducted, submitting results to the Commission’s central office.

(d) In the event the Commission elects to enter into a Mutual Participation Program agreement, the terms of any agreement shall include provisions for restitution if applicable. The determination of whether restitution should be made and such amount shall be determined prior to the time of negotiation.

(e) In addition to the question of restitution, the Commission investigator staff and the Commission shall provide analysis of each case regarding the existence of any “debt to the State” as defined in Section 960.17, F.S. If it is determined that such debt exists, the Commission shall order repayment of the debt by way of special condition of parole unless reasons as in the case of restitution are applicable. The record of the Commission decision on payment of any debt to the State will be the record of the Commission meeting at the time the decision is made.

(3) The Commission is authorized to impose special conditions of parole other than those concerning restitution.

(4) The Commission has authority to require an inmate be placed in the Community Control Program of the Department of Corrections, as a special condition of parole. The term of community control supervision shall not exceed six (6) months. In every case in which the Commission decides to place an inmate on community control as a special condition of parole, the Commission shall provide a written explanation of the reasons for its decision.

(5) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a parolee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of parole. A panel of no fewer than two Commissioners shall discharge from parole, relieve from making further reports or permit the parolee to leave the country upon determining that such action is in the best interest of the parolee and of society. Such cases shall be docketed before the panel of Commissioners, if available, that initially set the terms and conditions of parole.

(6) A panel of no fewer than two (2) Commissioners shall review the progress of each person who has been placed on parole after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a parolee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(7) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the parole supervisor.

(8) Such modification shall not impose new or different terms or conditions of parole more restrictive than was stated in the original certificate.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1747, 947.20, 947.23 FS. History–New 8-1-83, Formerly 23-21.165, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 7-16-17.

Fla. Admin. Code R. 23-21.017 Review of Term and Conditions of Parole

(1) Within 30 days of the effective parole release date interview, the Commission shall inform the inmate of the inmate’s effective parole release date. The inmate shall be provided with a certified copy of the term and conditions for the inmate’s individualized parole. The inmate shall be informed that his release on the effective parole release date is contingent upon a satisfactory release plan and continued satisfactory institutional conduct.

(2) The inmate can request one review of the term and conditions of the parole. This review must be initiated within 120 days of the date the Commission provided a certified copy of the term and conditions to the inmate.

(3) Notwithstanding any pending request for review of term and conditions of parole, any failure by a prospective parolee to sign an official Parole Certificate constitutes refusal of parole and the inmate shall not be released on parole. During the pendency of the review period, the term and conditions of the parole will apply to the parolee. No person will be released without a signed acknowledgment and acceptance of the conditions and term.

(4) The Commission shall consider any request to modify the term and conditions of parole and render a written decision to continue or to modify the term and conditions of parole, specifying the reasons and inform the inmate/parolee of the decision in writing within 30 days of the date of receipt of request for review. If the Commission determines that the term and conditions shall not be modified, the original term and conditions remain binding on the inmate/parolee. If the Commission determines that the term and conditions should be modified, those modified term and conditions become binding on the parolee/inmate when those conditions and term are signed, acknowledged and accepted by the inmate/parolee.

(5) The Office of the Commission Clerk is authorized to issue a corrected Certificate of Parole. This authority shall be restricted to those cases in which the special condition(s) or term of parole has been incorrectly stated in the original certificate as ordered by the Commission.

(6) The Commission has authority, at any time during the term of parole to review the previously established term or conditions of parole and order the issuance of an Amended Certificate of Parole modifying such term or conditions based on change of circumstances, or discharge the person from parole. Such modification should not impose a new or different term or condition of parole that is more restrictive than what was stated in the original certificate. More restrictive modifications may only be made during the revocation process, under Rule 23-21.022, F.A.C.

(7) The Commission shall review the progress of each person who has been placed on parole after two years of supervision in the community and not less often than every two years. Such reviews must include consideration of whether to modify reporting schedules, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a parolee on quarterly, semiannual or annual reporting, the following definitions will be applicable:

(a) Quarterly Reporting – One personal contact required every three months.

(b) Semiannual Reporting – One personal contact required every six months.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.19, 947.20 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-21.17, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13.

Fla. Admin. Code R. 23-21.018 Disposition of Cases Involving Parole Ineligible Sentences

(1) Any inmate who is serving both parole eligible and ineligible sentences is eligible for parole consideration only on the eligible sentence or sentences. However, actual terms of parole service shall not be initiated until the satisfactory completion of the parole ineligible sentence and subsequent review by the Commission.

(a) If an inmate received a parole ineligible sentence under the provisions of Chapter 921, F.S., subsequent to or at the same time he received a parole eligible sentence, then he shall receive his initial interview in accordance with subsection 23-21.006(2), F.A.C. The Commission shall establish a presumptive parole release date and conduct subsequent reviews in a manner consistent with current law and administrative rules.

(b) Upon the Commission reaching a decision to authorize the establishment of an effective parole release date, an order granting parole shall be entered which shall specify that such order is applicable only to sentences which are parole eligible. The order shall contain appropriate language to ensure that all interested parties are clear as to the limited effect of such order.

(c) Upon the completion of the parole ineligible sentence as determined by the Department of Corrections, an interview shall be scheduled and conducted for the purpose of considering any new information and to obtain a release plan from the inmate. The inmate’s case shall be placed on the Commission agenda following the interview at which time a decision shall be made regarding the inmate’s release on parole.

If no new information is received which would negatively impact the release, the Commission shall establish a term of parole and such conditions of parole shall be determined in a manner currently provided for by law, except that the time the inmate served subsequent to the grant of parole shall not be counted.
If the Commission decides not to release the inmate on parole based on an unsatisfactory release plan, unsatisfactory institutional conduct or any other new information that would impact the release decision, the Commission shall cause a rescission hearing to be held to review the new information. Following the rescission hearing, the Commission shall either proceed with parole or rescind the parole and extend the presumptive parole release date, from the date of the grant of parole. However, the time the inmate served subsequent to the grant of parole shall not be counted in the extension. A new interview date will be scheduled as necessary.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.168 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.18, Amended 1-26-93, 1-5-94, 8-17-06.

Fla. Admin. Code R. 23-21.019 Parole Postponement and Rescission

(1) Postponement: Any Commissioner has authority to postpone any inmate’s effective parole release date when new information is received by the Commission subsequent to the grant of parole, to include an unsatisfactory release plan, unsatisfactory institutional conduct, or any other new information previously not available to the Commission at the time of the effective parole release date interview that would impact the Commission’s decision to grant parole.

(a) For inmates convicted on or before April 19, 1982, their release date may be postponed for 30 days. On or before the 31st day, the Commission shall either parole the inmate or cause a Commission investigator to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(b) For inmates convicted on or after April 20, 1982, their release date may be postponed for 60 days. On or before the 61st day, the Commission shall either parole the inmate or cause a Commission investigator to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(2) Rescission: Following the order for a rescission hearing, notice of the rescission hearing shall be provided to the inmate prior to the date the hearing is scheduled. The notice shall specifically state the reasons for the Commission’s decision to postpone the parole date. The rescission hearing shall be conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission.

(3) Should new information become available prior to the rescission hearing that is pertinent to the postponement, the Commission may proceed with parole and void the postponement if:

(a) Information is received that a disciplinary report(s) has been overturned or become invalid,

(b) An out-of-state plan acceptance is received,

(d) Other new information is received regarding the postponement issue(s).

(4) At the rescission hearing the inmate shall be afforded all due process safeguards required by the Supreme Court of Florida case of Demar vs. Wainwright, 354 So. 2d 366 (Fla. 1977) and shall be properly notified of the same prior to said hearing. The inmate may waive his rights to a rescission hearing. The following rights shall be explained to the inmate regarding the rescission hearing:

(a) To appear and speak in behalf of his own defense,

(b) The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778,

(d) To secure by subpoena and subpoena duces tecum and present at the hearing, persons and documents desired for defense, provided that the Commission is notified in writing, at least seven days prior to the hearing of the names, addresses, location, nature and description of said persons or documents,

(e) To confront and cross-examine all witnesses offered against him, unless the Commission or member thereof conducting the hearing finds good cause not to allow the same. Good cause shall be established in writing and provided to the inmate.

(5) The rescission hearing shall be scheduled within fourteen (14) days of the date the Order for a Rescission Hearing is signed by the Commission.

(6) The hearing may be continued or postponed due to the inability of any party or witness to attend or for other good cause (for example, new disciplinary reports, state of emergency, prison lock-down, etc.).

(7) New disciplinary reports received after the Order of Postponement, but prior to the date of the hearing shall be considered at the recission hearing, after re-noticing the inmate.

(8) The investigator is not required to find the inmate guilty or not guilty at the rescission hearing, but to determine if any circumstances exist beyond the documentation which provided the basis of the Commission’s decision to postpone the parole.

(9) If the parole has been postponed due to an unsatisfactory release plan, the investigator should receive testimony from the inmate and any witnesses as to if an alternate plan exists which may be presented to the Commission for consideration.

(10) Following the rescission hearing, the Commission shall determine whether good cause has been established to rescind parole. One of the following actions shall then be taken:

(a) Parole. If the prior effective date has not passed, the Commission shall proceed with parole. If the prior effective parole release date has passed, the Commission shall rescind the grant of parole, vacate the prior effective parole release date, and establish a new effective parole release date. New conditions to the parole may be added at this time.

(b) Extend. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and extend the presumptive parole release date from the date of grant of parole. The time served by the inmate subsequent to the grant of parole shall not be counted in the extension. In this case, a new interview date shall be set.

(c) Decline. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and decline to authorize parole in accordance with Section 947.18 F.S. In this case all time frames and procedures outlined in Rule 23-21.015, F.A.C., shall be followed.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.1745 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.19, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13.

Fla. Admin. Code R. 23-21.020 Early Termination of Parole

(1) The Commission may terminate the period of parole at any time it is satisfied jurisdiction has been retained for sufficient length of time to evidence satisfactory rehabilitation. The Department of Corrections may request early termination of parole by written recommendation to the Commission to include a report from the supervising officer evidencing the justification for the recommendation and the counter-signature endorsing the recommendation by the parole officer’s supervisor which recommendation will be considered by the Commission.

(2) The Commission shall be notified and must concur in authorizing any Florida parolee to permanently relocate where supervision under the Interstate Compact is unavailable. The Chair or his designee may authorize temporary absences for vacation and visits to locales where Interstate Compact supervision is unavailable.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.24 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-21.20, Amended 1-26-93, 1-5-94, 8-17-06.

Fla. Admin. Code R. 23-21.021 Warrant and Arrest

(1) A warrant for the arrest of a parolee shall be issued only by a member of the Commission. The decision to issue a warrant shall be based on evidence which indicates there may be probable cause or reasonable grounds to believe a parolee has violated the conditions of the parole. The issuance of a warrant is discretionary and will depend on the facts of the individual case.

(2) Warrant requests will be reviewed by Commission staff for sufficiency of information, and if found sufficient, staff will submit the warrant request to a Commissioner for a decision on the warrant request.

(3) Should a reviewing Commissioner elect, a warrant request may be submitted to the Commission for a decision.

(4) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. The warrant information will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless the alleged parole violator is in custody in Florida. The Commission has the authority to pursue extradition of alleged violators from other jurisdictions.

(5) Should a warrant be issued, and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause or a Commissioner may docket the warrant dismissal request for consideration by the full Commission.

(6) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair when the Commission receives notification from an arresting agency that a parolee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the parolee.

(b) If the Commission believes that the parolee may present a danger to the public, the decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a parolee violated the conditions of parole.

(c) Should an emergency warrant be issued, such will be transmitted to the detaining agency for appropriate service or filing. Alleged violators of parole will be entered into the Florida Crime Information Center and National Crime Information Center, unless in custody in Florida. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested, only the signing Commissioner or the Chair is authorized to dismiss the warrant if the Commissioner no longer believes that the parolee presents a danger to the public.

History

Rulemaking Authority 947.07, 947.22 FS. Law Implemented 947.22, 947.23 FS. History–New 9-10-81, Amended 7-1-84, Formerly 23-21.21, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13.

Fla. Admin. Code R. 23-21.022 Revocation of Parole; Preliminary Hearings; Final Hearings

(1) Preliminary Hearing. Within 30 days of service of the Commission’s warrant in this state, a parolee will be provided a preliminary hearing. The purpose of the preliminary hearing is to determine if there is probable cause that a violation of parole has occurred.

(2) Prior to the preliminary hearing, an interview with the parolee shall be held at which time an explanation of all rights and procedures shall be provided. The interview and preliminary hearing may be held by a Commission representative, such as a Commission investigator, provided such representative is neutral and detached.

(3) The preliminary hearing will be held in or near the community where the violation is alleged to have occurred or where the parolee has been taken into custody on the Commission’s warrant.

(4) For the preliminary hearing, the parolee shall be afforded the following rights:

(a) The opportunity to be present at the preliminary hearing and to present evidence in his or her own behalf, including the securing of witnesses and evidence by subpoena or subpoena duces tecum.

(b) The opportunity to have disclosed the evidence which shall be presented at the hearing.

(d) The opportunity to be represented by counsel, either retained or appointed, provided any appointment is made consistent with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778 (1973).

(5) Waiver of Preliminary Hearing.

(a) A parolee serving a state sentence within this state may waive his or her preliminary hearing after being advised of his or her rights and of the consequences of a waiver. The waiver shall be in writing and shall be executed before a commissioner or a Commission representative. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission or Department staff or staff of the correctional facility where the parolee is housed and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(b) A parolee serving a sentence in a jurisdiction outside of this state, including a federal sentence, may submit a written request to waive his or her preliminary hearing in absentia. Upon receipt of the written waiver request, the Commission may elect to proceed with the preliminary hearing or wait until the parolee has completed his or her sentence in the other jurisdiction and is returned to this state. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, or staff of the correctional facility where the parolee is housed and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(6) The parolee may request postponement of the preliminary hearing until the resolution of any pending criminal charges listed on the Commission’s warrant or notice of hearing. The granting of a postponement shall waive all time constraints and shall postpone disposition of all violations until notification is received by the Commission that the pending criminal charges have been resolved or the parolee elects to proceed with or waive the preliminary hearing.

(7) The parolee may request the preliminary hearing be continued upon showing of good cause. The request for continuance shall be submitted to the Commission representative in writing prior to convening the hearing and the reason(s) for the request shall be outlined with specificity. The granting of a continuance on behalf of the parolee shall waive all time constraints. If a preliminary hearing has been convened, such may be continued on the motion of the parolee, the Commission, or a Commission representative, provided the record reflects a good cause for such continuance.

(8) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation or in the period between the violation and the commencement of the hearing then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed or retained attorney raises competency issues, then evidence of mental competency or incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may order that the violation process proceed, that the violation process be placed in abeyance, or such other order that it considers proper.

(9) At least 7 days prior to the preliminary hearing, the parolee shall be informed in writing of the date, time, and location of the hearing. The parolee shall be informed in this notice of the charges to be considered at the hearing. The notice shall contain all rights enumerated herein.

(10) The Commission representative holding the preliminary hearing shall have the authority to administer oaths to all witnesses, be responsible for the conduct of the hearing and the evaluation of evidence presented, and make findings based on such evidence as to probable cause. The Commission representative shall provide a written statement of the findings to the parolee within 30 days following the hearing.

(11) Following the preliminary hearing, the Commission representative shall prepare a written summary of the hearing. The written summary shall include recommendations for further Commission action, any mitigating circumstances presented at the hearing, and a statement on realistic alternatives to further incarceration, if any, and shall be transmitted to the Commission within 10 business days of the hearing.

(12) Upon receipt of the preliminary hearing summary, if no probable cause is found, the Commission shall order restoration to parole or discharge from further supervision or enter such other order as it considers proper. If probable cause is found, the Commission shall order a parolee returned for final hearing.

(13) Any parolee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of release on recognizance as to the Commission warrant. Such hearing may be held by a Commission representative, who shall provide the Commission with a written report regarding the hearing, after which the Commission shall make a decision and inform the parolee. Any release on recognizance is conditioned upon the parolee’s written agreement to appear at any hearing(s) noticed by the Commission. A commissioner is authorized to order a parolee released on his or her recognizance, conditioned upon the parolee signing a written statement agreeing:

(a) To waive all time constraints to conduct the revocation hearing;

(b) To abide by all conditions of release previously imposed by the Commission;

(d) That his or her release on recognizance is subject to review and approval by the Commission or the commissioner who executed the warrant, or the Chair in his or her absence; and

(e) To appear at any hearing(s) noticed by the Commission.

(14) If the Commission orders a final hearing, the Commission or a Commission representative may request the immediate transfer of the parolee to an appropriate Department facility. The final hearing shall be noticed and convened within 60 days of receipt of written notification from the Department of the return of the parolee to the custody of the Department. If the parolee is already in the custody of the Department, has been released on recognizance, or the Commission has elected not to have the parolee transferred to the Department, the final hearing shall be noticed and convened within 60 days of the preliminary hearing or the waiver of that hearing.

(15) Final Hearing. The final hearing may be held by a Commission representative, such as a Commission investigator, provided such representative is neutral and detached. The parolee shall be informed in writing at least 14 days prior to the final hearing of the date, time, and location of such hearing. The notice of the hearing shall contain the charges of violation and a list of the following rights the parolee shall be afforded:

(a) The opportunity to be present for the final hearing.

(b) The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.

(c) The opportunity to receive, prior to the hearing, disclosure of evidence that will be presented at any final hearing.

(d) The opportunity to confront and cross-examine any adverse witnesses.

(e) The opportunity to be represented by counsel, either retained or appointed, provided such appointment is made consistent with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778 (1973).

(16) Waiver of Final Hearing.

(a) A parolee serving a state sentence within this state may waive his or her final hearing after being advised of his or her rights and of the consequences of a waiver. The waiver shall be in writing and shall be executed before a commissioner or a Commission representative. Prior to the commencement of the final hearing, the parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by a notary public and postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a final hearing shall be convened after notice.

(b) A parolee serving a sentence in a jurisdiction outside of this state, including a federal sentence, may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the revocation. Upon receipt of the written waiver request, the Commission may elect to proceed with the revocation or wait to make a final decision as to the revocation until the parolee has completed his or her sentence in the other jurisdiction and is returned to this state. Prior to the commencement of the final hearing, the parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by a notary public and postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after notice.

(17) The parolee may request postponement of the final hearing until the resolution of any pending criminal charges listed on the Commission’s warrant or notice of hearing. The granting of postponement shall waive all time constraints and shall postpone disposition of all violations until notification is received by the Commission that the pending charges have been resolved or the parolee elects to proceed with or waive the final hearing.

(18) The parolee may request the final hearing be continued upon a showing of good cause. The request for continuance shall be submitted to the Commission representative in writing prior to the convening of the hearing and the reasons for the request shall be outlined with specificity. The granting of a continuance on behalf of the parolee shall waive all time constraints. If the final hearing has been convened, such may continued on the motion of the parolee, the Commission, or the Commission representative.

(19) The final hearing is a two-part hearing with the first part requiring a factual determination as to whether or not a violation(s) has occurred. The second part requires a determination of whether parole should be revoked. In reaching a determination on whether parole should be revoked, the Commission shall consider all mitigating circumstances made known at the hearing and shall consider alternatives other than reincarceration.

(20) At the final hearing, the parolee has a right to speak and present argument on his or her behalf. The Commission representative may elect to rule on legal matters during the course of the hearing or may elect to withhold ruling pending consultation with Commission counsel or other staff. If the Commission representative elects not to address legal arguments during the course of the hearing, the Commission representative shall so state on the record. In the event a decision is made during the course of the final hearing, such decision shall be reflected in the record and then reviewed by the Commission. Pursuant to Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the exclusionary rule.

(21) Subpoenas and subpoenas duces tecum for the parolee and on behalf of the Commission shall be issued by any one or more commissioners or the Commission or a Commission representative for both the preliminary and final hearings. The Commission, a commissioner, or a Commission representative may decline to issue a requested subpoena when it finds the testimony or evidence would be cumulative, irrelevant, or nonprobative. The party requesting subpoenas shall furnish the Commission representative the names and addresses of his or her proposed witnesses at least 14 days prior to the hearing date.

(22) At both the preliminary and final hearing, the parolee may waive representation by counsel, provided the waiver is reflected clearly in writing or in the record of the proceeding. The parolee may retain counsel to represent him or her at both the preliminary and final hearing. If the parolee indicates he or she wants counsel but has not retained counsel, the following procedure shall apply:

(a) Inquiry shall be made of the parolee’s ability to retain counsel. The Commission representative shall reach a conclusion as to the parolee’s ability to retain counsel.

(b) If the Commission representative determines the parolee is unable to retain counsel by reason of indigency or otherwise, the Commission representative shall proceed to determine if the parolee is eligible for appointed counsel pursuant to the guidelines of Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the grounds for denial shall be stated succinctly in the record.

(23) The Commission representative may elect to receive information following the final hearing provided the parolee agrees to the receipt of such information outside of the context of the hearing and that such agreement is reflected clearly in the record.

(24) Based on evidence presented at the hearing, the Commission representative shall make a written summary of findings of fact regarding the alleged violations and provide the written summary to the Commission within 10 business days of the hearing. Within 45 days following the final hearing, the Commission may enter an order revoking parole, reinstating the parolee to supervision, or enter such other order as is proper. When the Commission finds the parolee has committed a violation(s), the Commission may elect to order the parolee returned to supervision with a new term not to exceed statutorily prescribed limits and may elect to establish new conditions of the parole provided the parolee agrees to each term and condition. If the Commission revokes parole, the order entered shall contain the evidence relied upon and the reason(s) for the revocation. Unless notification is waived by the parolee, the Commission shall notify the parolee and any attorney representing the parolee at the final hearing of the Commission’s final decision within 30 days following the Commission decision on the final hearing.

(25) Upon a finding that the parolee did commit one or more violations, the Commission may order the parolee placed in a community control program. Placement on community control shall be utilized by the Commission, in its judgment, for parolees who are not suitable for restoration to standard supervision and would otherwise be revoked if not for the alternative of community control placement. When ordering placement on community control, the Commission shall specify:

(a) The proven violation(s);

(b) The term of community control which may exceed the original term of parole but not exceed statutorily prescribed limits and which may be reduced by subsequent order of the Commission;

(c) The new term of parole which shall not exceed statutorily prescribed limits nor be less than the term of community control;

(d) Standard community control conditions shall be ordered as set forth in s. 948.01, F.S.;

(e) Special community control conditions may be ordered based upon evaluation of the record of the parolee; and,

(f) Additional parole conditions, if any, in the event the community control term is less than the parole term.

(26) Release on Recognizance:

(a) A commissioner may release on recognizance a parolee when the final hearing is postponed or continued.

(b) At the final hearing, a commissioner may release on recognizance a parolee when:

The parolee was released on recognizance prior to the convening of the final hearing;
Insufficient evidence is produced to sustain any violation of parole; or
Upon finding that the parolee did violate one or more conditions of parole, the Commission representative announces his or her intention to recommend action other than revocation of parole.

(c) Subsequent to the final hearing in which there was a finding that the parolee did violate one or more conditions of parole, the Commission representative may recommend the parolee be released on recognizance upon receipt of relevant favorable information. Violations of the conditions of release can cause an order to revoke the release on recognizance to be executed by a commissioner when reliable information is received of such violation. Such order shall be sufficient to cause the arrest and return of the parolee to custody.

(27) Violation of the conditions of parole for grounds other than for a new conviction: A parolee who is found guilty of a violation of parole on grounds other than for the commission of a new felony or misdemeanor offense may be reinstated to parole, discharged from parole, or revoked. The following information shall be considered in making that determination:

(a) The preponderance of available evidence suggests that the parolee would pose a danger to public safety or would likely engage in new criminal conduct if reinstated to parole;

(b) The parolee has previous violations of the conditions of his parole under the current sentence;

(c) The parolee’s behavior demonstrates the inability or unwillingness of the parolee to conform to minimum parole restraints so as to prevent successful completion of the court imposed sentence outside of actual confinement. Any parole violation leading to revocation is a basis for a determination that the parolee’s record during confinement was not good. These inmates will be scheduled for interview to determine whether they are eligible for consideration for parole within 6 months of the revocation.

(28) If the Commission revokes parole, the parolee shall be entitled to all credit for time spent in custody prior to the revocation hearing for all charges that appear on the Commission’s warrant or notice of hearing. Time spent in other jurisdictions as a result of intervening sentences shall be considered by the Commission. The Commission shall consider the credit for time served on parole. The actual award of such credit is discretionary. Credit for time served on parole shall be reflected in the Commission’s order.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.23 FS. History–New 9-10-81, Amended 10-1-82, 7-1-84, Formerly 23-21.22, Amended 5-10-87, 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13, 7-16-17, 11-25-25, 7-28-26.

Fla. Admin. Code R. 23-21.023 Compulsory Conditional Release

History

Rulemaking Authority 120.53, 947.07 FS. Law Implemented 944.598 FS. History–New 7-1-84, Formerly 23-21.23, Amended 1-5-94, Repealed 4-28-99.

Chapter 23-22 CONTROL RELEASE

Fla. Admin. Code R. 23-22.001 General

History

Rulemaking Authority 947.07, 947.146(6)(f), 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-16-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-22.002 Notice of Meetings, Workshops and Proposed Rules

History

Rulemaking Authority 947.07, 947.146(6)(f), 947.20 FS. Law Implemented 120.53 FS. History–New 9-1-90, Amended 8-16-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-22.003 Agenda of Meetings and Workshops

History

Rulemaking Authority 947.07, 947.146(6)(i), 947.20 FS. Law Implemented 120.53 FS. History–New 9-1-90, Amended 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-22.004 Emergency Meetings

History

Rulemaking Authority 947.07, 947.146(6)(i), 947.20 FS. Law Implemented 120.53 FS. History–New 9-1-90, Amended 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-22.005 Commission Meetings and Workshops Pertaining to Control Release

History

Rulemaking Authority 947.07, 947.146(6)(i), 947.20 FS. Law Implemented 120.53 FS. History–New 9-1-90, Amended 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-22.006 Control Release Definitions

(1) Advance the Control Release Date (CRD) – is to change a CRD to an earlier date than previously established.

(2) Aggravate – is to determine case specific reason(s) for finding an inmate ineligible for an early or advanceable CRD when the inmate is evaluated eligible by the objective scoring instrument. The Commission’s determination of aggravation shall justify placement of an inmate evaluated as immediate CRD eligible by the objective scoring instrument into any other category of CRD, including Maximum Non-Advanceable Category A or B. Aggravation determined applicable to an inmate evaluated as Maximum Non-Advanceable Category A by the objective scoring instrument shall justify placement in Maximum Non-Advanceable Category B.

(3) Award Allotment – is a specified number of days of advancement of designated eligible inmates’ control release dates as ordered by the Commission.

(4) Chair – is the Chair of the Florida Commission on Offender Review performing the functions of the Chair of the Control Release Authority.

(5) Control Release Authority – is composed of all the members of the Florida Commission on Offender Review, hereinafter referred to as the Commission, who through a system of uniform criteria determines the number and type of inmates who must be released under Control Release in order to maintain the state prison system within statutory lawful capacity.

(6) Control Release Authority Member – is a Florida Commissioner of the Florida Commission on Offender Review performing the functions of the Control Release Authority.

(7) Control Release Authority Voting Panel – means a panel of no fewer than two Commissioners, empowered to establish, extend, advance, or vacate control release dates for inmates serving control release eligible sentences, and set, modify, revoke or terminate terms and conditions of supervision.

(8) Control Release – means the release of an inmate prior to the expiration of the inmate’s sentence, which release is required to maintain the prison population within lawful capacity. The Commission can or can not require a period of supervision to be successfully completed by compliance with enumerated terms and conditions of the release, except when the case involves a consecutive sentence structure.

(9) Control Releasee – means an inmate placed on control release supervision.

(10) Control Release Date (CRD) – means the date established by the Commission which may be modified for each statutorily eligible inmate providing for the inmate’s release by control release, unless released prior to the control release date by expiration of sentence or other method of release. Control release dates may be established by the Commission in five categories:

(a) Maximum CRD wherein the CRD is set at the maximum of the court imposed sentence and is non-advanceable, and is sub-divided as follows:

Maximum Non-Advanceable Category A – CRD established at maximum, non-advanceable, but inmates in this category may be transferred by rule to Advanceable CRD in the event of “critical depletion.” Cases placed in this category shall have specified any term of supervision and special conditions in the event they may become subject to an early release by Control Release.
Maximum Non-Advanceable Category B – CRD established at maximum, non-advanceable. Established CRD’s for this category may be altered only upon “critical depletion” of all other statutorily eligible inmates, including sub-category A, and such action shall be taken by the Control Release Authority only as the result of an individual case study and docket action, and as provided by subsections 23-22.010(1), (2) and (3), F.A.C.

(b) Advanceable CRD wherein the CRD is established at the tentative release date, and is eligible for advancement by all future award allotments ordered by the Commission if the inmate has been designated by the Commission as CRD advanceable and has a disciplinary free record for the month previous to the award and a disciplinary free record for the month of award up to the time of advancement, or

(c) Advanceable CRD that is established at a date earlier than the tentative release date and is eligible for advancement by future award allotments ordered by the Commission if the inmate has been designated by the Commission as CRD advanceable and has a disciplinary free record for the month previous to the award and a disciplinary free record for the month of award up to the time of advancement,

(d) Early fixed CRD that is established at a date earlier than the tentative release date and is not eligible for advancement by future award allotments by the Commission, and

(e) Immediate CRD that is established not longer than 30 days after the docket action of the Commission, and is not eligible for advancement by future award allotments by the Commission.

(11) Control Release Eligibility – All parole ineligible inmates are eligible for control release except those excluded in Section 947.146, F.S., Juvenile adjudications and offenses where adjudication has been withheld shall not count as convictions for purposes of control release eligibility determinations.

(12) Control Release Officer – means the person assigned to provide supervision for the control releasee.

(13) Criminal Episode means the commission of one or more criminal offenses in a period of time ending with the imposition of court sanction of incarceration. Any offense committed after a court sentence and commitment to incarceration, including sentences to time served of sixty days or more, will be considered a subsequent criminal episode.

(14) Critical depletion – is a point of decline in the total number of control release eligible inmates, who have advanceable control release dates established earlier than their TRDs, to less than 4,000.

(15) Early Termination of Control Release Supervision – means a Commission Action discharging a control releasee from the terms and conditions of control release prior to the expiration date of control release supervision.

(16) Extend Control Release Date – means to change a CRD to a later date than previously established.

(17) Parole Examiner – means an employee of the Florida Commission on Offender Review who performs the following control release functions:

(a) Conducts evaluations of eligible inmates committed to the Department of Corrections and submits the case material with a professional case analysis and recommendation to the Commission;

(b) Conducts investigations (makes investigations for the purposes of establishing, modifying or revoking a CRD);

(d) Performs other related duties as assigned by the Chair.

(18) Lawful Prison Capacity – is the lawful prison capacity of the Florida prison system as defined in F.S.

(19) Matrix Grids – are the matrices established by the Commission to indicate an objective measurement of control release suitability and supervisional term, by scoring each inmate’s salient factors in relation to the severity and type of offense behavior resulting in commitment.

(20) Mitigate – is to determine an inmate eligible for a CRD that will release the inmate from prison prior to the statutory expiration of sentence when the offender is evaluated objectively to receive a more severe CRD by the scoring instrument. The Commission’s determination of mitigation shall also justify the placement of an inmate in the immediate CRD category when the objective scoring instrument has evaluated differently. The Commission’s determination of mitigation shall also justify the placement of an inmate in Maximum Non-Advanceable Category A when the objective scoring instrument has evaluated placement in Maximum Non-Advanceable Category B. The Commission shall determine mitigation upon case specific information.

(21) Postponement Order – is an order signed by any member of the Commission requiring the continued incarceration of an inmate for a period of not more than 60 days beyond his established CRD pending the Commission’s opportunity to review a recommendation of the Department of Corrections or other relevant information.

(22) Primary Offense – means the active offense of conviction resulting in commitment with the highest degree of felony imposed by the court. In the case of multiple commitments with convictions having the same degree of felony, the primary offense is determined by the most severe matrix grid.

(23) Prior Criminal Record – means an offense or offenses which resulted in the imposition of a court sanction. Both the consummation of the criminal offense(s) and the imposition of the court sanction(s) must obtain at some date earlier in time than the offense(s) resulting in commitment to incarceration for the present offense of conviction. For the purpose of scoring in this category, prior offenses resulting in probation with adjudication of guilt withheld, and juvenile offenses which would have been criminal if committed by an adult, will be counted.

(24) Provisional Release Date (PRD) – is the projected release date computed by the Department of Corrections based upon length of sentence reduced by gain time and provisional release credits.

(25) Refusal of Control Release – means that inmates whose offenses were committed on or before November 30, 1990 may refuse release by Control Release if it is offered. Inmates whose offenses were committed on or after December 1, 1990 are statutorily required to be released by Control Release when so ordered by the Commission, and may not refuse such release. Inmates who are eligible to refuse control release and choose to do so will have their CRD automatically vacated. Any inmate who refuses control release can upon request be re-reviewed one time for the establishment of a new CRD. If there have been no changes in the inmates eligibility status, a new CRD will be established within 90 days of receipt of the inmate’s request. If the one time option for review is accepted and an inmate again refuses control release, there will be no subsequent review for the establishment of a new CRD.

(26) Release Plan – is the plan provided by the inmate for residence or employment when scheduled for release by Control Release with the requirement for a term of supervision.

(27) Revocation of Control Release – means the order of the Commission entered after a control releasee has been found to have violated one or more conditions of the control release, and requires the releasee’s return to prison to resume service of sentence.

(28) Salient Factors – are the indices of the offender’s present and prior criminal behavior and related factors found by experience to be predictive in regard to supervisional outcome.

(29) Tentative Release Date (TRD) – is the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain time.

(30) Vacate – means to set aside the previously established CRD or order.

(31) Violation Hearing For Control Release – is a hearing provided to a control releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine factually whether the control releasee has violated the terms and conditions of his release. A report, with the hearing officer’s findings of fact and recommendation, is then submitted to the Commission for determination of further action to be taken.

(32) Warrant – means a document executed by any member of the Commission which will cause the arrest and detention of a control releasee pending further action by the Commission.

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20, 947.135 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94.

Fla. Admin. Code R. 23-22.007 Victim Input

(1) Upon request of a victim, a victim shall receive advance notification of all public control release proceedings in which he or she is a victim and shall have the right to be present at such proceedings. Victims shall be notified at the most current address available to the Commission.

(2) Upon request of a victim or any person harmed by the inmate or control releasee, a victim or any person harmed by the inmate or control releasee shall be given a reasonable time to address the Commission regarding any control release matter before the Commission by making an oral statement at a Commission meeting or by submitting a written statement.

(3) Victims are permitted to read from a prepared text or speak with the use of notes. Victims are permitted to use photographs and other aids in making a presentation. Victims are permitted to present an audio or video presentation in lieu of or in addition to a personal presentation, provided the total does not exceed the allotted time.

(4) Upon request of a victim, a victim will be notified of action taken by the Commission within a reasonable time after the meeting.

(5) Victims who speak or have a written statement read into the record at a Commission meeting shall be advised that any information presented orally at a Commission meeting shall become public record.

(6) No testimony will be allowed at Commission meetings regarding revocation matters. Other than a victim or member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a control release revocation matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

History

Rulemaking Authority 947.07, 947.146(7), 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 1-5-94, 8-16-94, 2-12-13, 7-28-26.

Fla. Admin. Code R. 23-22.008 Control Release Evaluation Procedure

(1) Upon the Commission’s receipt of notice from the Department that an inmate eligible for control release has been committed to the Department, the Administrator of Control Release shall schedule an evaluation for the inmate to be conducted by a Commission investigator and forwarded to the Commission’s headquarters, unless the inmate is ineligible pursuant to Sections 947.146(3)(a)-(m), F.S., shall be placed in the Maximum Non-Advanceable Category B. Their CRD shall be set at the maximum of the court imposed sentence and not advanceable without the necessity of an evaluation by the Commission but based upon their record of convictions for the herein enumerated offenses. Additionally, the Commission can for a prior conviction for any of the enumerated offenses, place the inmate in the Maximum B category.

(2) Inmates serving a mandatory minimum term of years shall be scheduled for a control release evaluation within 90 days following completion of the mandatory portion of the sentence. If the mandatory term is the same length as the sentence imposed, no evaluation shall be required.

(3) The control release evaluation shall be in two parts. In the first part, the Commission investigator shall determine whether the inmate is statutorily eligible for control release consideration. The second part of the evaluation involves calculation of a recommended CRD for eligible inmates. The Commission investigator shall reduce to writing his recommendation for control release, salient factor score, severity of offense behavior, aggravation, mitigation and the recommended CRD and forward it to the Commission’s headquarters.

(a) Salient Factor Scoring – Salient factors shall be calculated on the basis of the inmate’s prior criminal record as it existed before conviction on the earliest active commitment. Inmates found to be eligible for inclusion in the Control Release Program will be scored as follows:

Number of prior criminal convictions:

Four or more prior convictions = 3 points

Three prior convictions = 2 points

One or two prior convictions = 1 point

No prior convictions = 0 points

a. Count all prior convictions obtained in the same criminal episode as one prior conviction.

b. Count all prior juvenile sanctions which would have been criminal if committed by an adult. Do not count “status offenses,” for example runaway, truancy, habitual disobedience, as prior criminal record. This does not, preclude a Commission investigator or the Commission from considering such behavior as a negative indicant of control release prognosis.

c. Do not count vagrancy, loitering, disorderly conduct, public drunkenness, violations of local ordinances which would not constitute violations of State Law and noncriminal traffic infractions as prior criminal record. This does not, however, preclude a Commission investigator or the Commission from considering such behavior as a negative indicant of control release prognosis. Count convictions for prowling, trespassing, criminal contempt of court, failure to appear and serious vehicular convictions which shall include, but not be limited to, driving while intoxicated or hit and run.

d. Count all prior military criminal convictions which would have been subject to civilian criminal law. Do not count military convictions for strictly military type offenses. However, this does not preclude considering serious misconduct as a negative indicant of control release prognosis.

e. Count all pleas of guilt, pleas of nolo contendere or convictions which result from criminal offenses committed while on bail or probation for the present offense of conviction. Do not count conduct resulting in diversion from the judicial process without a plea of guilt or a plea of nolo contendere or a specific finding of guilt. Also, do not count deferred prosecution, pretrial intervention and probation without a plea.

f. Do not count the present state conviction(s) resulting from the present offense behavior as a prior criminal record.

g. Do not count convictions which were set aside or pardoned on grounds of innocence, reversed on appeal, unless a retrial resulted in conviction(s).

h. If an inmate has maintained a conviction-free record in the community for a period of ten consecutive years and has not been in confinement or under probation, parole, conditional or control release supervision, the prior criminal record to such ten year period should be considered ancient prior record and should not be counted for any salient factor. This shall not prevent consideration of such behavior as a negative indicant of control release prognosis. A substantial conviction-free period in the community not amounting to ten years may be considered as a positive indicant of control release prognosis.

Number of prior violent convictions:

Four or more prior violent convictions = 4 points

Three prior violent convictions = 3 points

Two prior violent convictions = 2 points

One prior violent conviction = 1 point

No prior violent convictions = 0 points

a. Count all prior violent convictions obtained in the same criminal episode as one prior violent conviction.

b. For the purpose of this salient factor, count any prior convictions that involved the use of force or the threat of force against a person. These offenses shall include, but not be limited to the following:

Assault

Battery

Aggravated Assault

Aggravated Battery

Robbery

Manslaughter

Vehicular Homicide

DUI Resulting in Death

Extortion

Resisting arrest with violence

Number of prior incarcerations:

Three or more prior incarcerations = 2 points

One or Two prior incarcerations = 1 point

No prior incarcerations = 0 points

a. For purposes of this salient factor, count only imposed sentences of sixty days or more.

b. Count all prior incarcerations, including commitments and placements in residential juvenile facilities, resulting from a sentence imposed for a conviction or delinquency adjudication.

c. Count only incarcerations that were actually imposed; do not count confinement pending trial or adjudication as an incarceration unless the sentence was specifically to “time served.” Concurrent or consecutive sentences for offenses in the same criminal episode are to be counted as a single incarceration.

d. Count only incarcerations which were imposed and served prior to the receipt by commitment for the present offense of conviction. Do not count incarcerations which were imposed following the commission of the present offense of conviction; however, count any incarcerations which resulted from a criminal offense committed while on bail or probation for the present offense of conviction. This does not preclude considering the commission of additional offenses as a negative indicant of control release prognosis.

e. Do not count incarcerations resulting from convictions which were set aside or pardoned on grounds of innocence or imposed as a condition of probation.

Total prior sentences in years:

Two or more years = 2 points

Less than two years but more than 59 days = 1 point

All prior sentences of 59 days or less = 0 points

a. Count all time imposed for all prior sentences for 60 days or more.

b. Score 2 if the total time sentenced is two years or longer.

c. Score 1 if the total time sentenced for all prior incarcerations is less than two years but more than 59 days.

d. Score 0 if all prior sentences are 59 days or less.

e. Do not count sentences imposed for a conviction which was later set aside or pardoned on grounds of innocence or was an incarceration imposed as a condition of probation.

Age at time of offense which led to the first incarceration:

17 years or younger = 2 points

18 – 25 years = 1 point

26 years or older = 0 points

a. Score 2 points if the inmate was less than 18 years of age at the time of the offense which led to the inmate’s first incarceration.

b. Score 1 point if the inmate was 18 through 25 years old at the time of the offense which led to the inmate’s first incarceration.

c. Score 0 points if the inmate was 26 years old or older at the time of the offense which led to the inmate’s first incarceration.

d. For purposes of this item, count only commitments in which the sentence imposed was for 60 days or more.

e. If the inmate was placed on probation and it later was revoked, the age at offense which led to the first incarceration shall be the inmate’s age on the date of the behavior leading to the probation revocation. Do not use the age at the offense which led to the probation.

f. Do not consider age at time of commission of any offense for which conviction was later set aside or pardoned on grounds of innocence.

Number of Revocations:

Three or more revocations = 2 points

One or Two revocations = 1 point

No revocation = 0 points

a. For purposes of this salient factor, a revocation includes probation, parole, mandatory conditional release (MCR), compulsory conditional release (CCR), conditional release and control release.

b. Score 2 if the inmate has three or more revocations. Do not count probation revocations which do not result in a commitment for the offense for which probation was imposed.

c. Score 1 if the inmate has one or two revocations.

d. Score 0 if the inmate has never had a revocation. Do not point for juvenile revocations or adult revocations which did not result in a commitment or sentence to incarceration.

e. Do not consider any revocation on a conviction subsequently set aside or pardoned on grounds of innocence.

Number of Prior Escape Convictions:

One or more prior escape convictions = 1 point

No prior escape convictions = 0 points

a. Score 1 if the inmate has ever been convicted of escape prior to the present offense of conviction.

b. Score 0 if the inmate has no prior escape convictions.

Burglary or Breaking and Entering as the Present Offense of Conviction:

Present offenses of conviction include a conviction for Burglary or Breaking and Entering = 1 point

a. Score 1 if the present offenses of conviction include a conviction for burglary or breaking and entering.

b. Score 0 if the present offenses of conviction do not include a conviction for burglary or breaking and entering. Do not point convictions for entering without breaking, attempted burglary, attempted breaking and entering or possession of burglary tools.

c. More than one conviction for burglary or breaking and entering may be considered as a negative indicant of control release prognosis and used as an aggravating factor.

(b) Severity of Offense Behavior – The severity of offense behavior shall reflect the primary offense of conviction’s degree of felony. If the present offenses of conviction involved multiple separate offenses, the severity of offense behavior shall be established for the most serious of the separate offenses (primary offense) which resulted in a sentence to incarceration. If the actual offense behavior was more or less severe than the primary offense of conviction reflects, a decision outside the matrix grid may be considered. Convictions that do not qualify as prior record or active commitments may be used for the purpose of aggravations.

Calculate and total the salient factor score.
Determine the degree of felony of the primary offense of conviction.
Determine if the case should be scored on the violent, property or drug offense matrix grid.
Locate the matrix grid cell where the salient factor score total intersects with the severity of offense behavior on the appropriate grid.
If the totality of the circumstances of the primary offense of conviction warrants a decision outside the matrix grid or if there are other indicants which warrant a decision outside the matrix grid, the appropriate code for Aggravation or Mitigation factors shall be included on a control release evaluation form.
CONTROL RELEASE SALIENT FACTOR SCORING SYSTEM

I. VIOLENT OFFENSE* C.R. SALIENT FACTOR SCORE MATRIX GRID

OFFENSE SEVERITY

10+

3rd Degree Felony

2nd Degree Felony

1st Degree Felony

Life Felony

A12

Capital Felony

II. PROPERTY OFFENSE* C.R. SALIENT FACTOR SCORE

OFFENSE SEVERITY

10+

3rd Degree Felony

A12

2nd Degree Felony

A12

1st Degree Felony

A12

Life Felony

A12

Capital Felony

III. DRUG OFFENSE* C.R. SALIENT FACTOR SCORE

OFFENSE SEVERITY

10+

3rd Degree Felony

2nd Degree Felony

A12

1st Degree Felony

A12

Life Felony

A12

Capital Felony

M = Eligible for Immediate Release

A = Eligible for Early Release (before maximum release date) and/or Advanceable C.R. Date

NA = Maximum non-advanceable Category A. May be transferred to advanceable category in the event of critical depletion of advanceable category (less than 4,000)

NB = Not Eligible for Early Release or Advanceable C.R. Date (Maximum non-advanceable Category B)

A6 = Post Release Supervision of 6 Months

A12 = Post Release Supervision of 12 Months

*Primary Offense of Conviction

I Violent – Guidelines categories 1-4 (9-Kidnapping, Child Abuse)

II Property – Guidelines categories 5, 6, 8 (9-Other than Kidnapping and Child Abuse)

III Drugs – Guidelines category 7

(d) Control Release Criteria (aggravation) – Reasons for establishing a control release date exceeding the criteria or finding ineligible for future advances shall include:

The inmate has multiple separate offenses.
Extent of psychological or physical trauma to the victim(s) due to the criminal offense.
The inmate used force in excess of that required to accomplish his criminal intent.
Any release may cause unreasonable risk to others.
The inmate violated probation almost immediately following disposition.
Inmate committed offense(s) while awaiting sentence on earlier offense.
Similar crime committed shortly after being placed on probation.
Offense occurred shortly after release from prison.
Inmate committed and was convicted of crimes which occurred while he was released on recognizance.
Escalating or continuing a persistent pattern of criminal conduct.
Extreme cruelty toward victims.
Potential risk to or vulnerability of victims.
Inmate’s status as a drug dealer.
Inmate was AWOL or dishonorably discharged from the military service.
Inmate’s previous driving infractions show a danger to others and his present commitment involves vehicular homicide.
Offense committed to thwart police investigation.
Commission of attempted murder was for the sole purpose of eliminating an eye witness.
Professional manner in which crime was committed.
The inmate utilized inside information to commit offense at the most opportune time.
Inmate disregarded property right and welfare and safety of others.
Inmate evaluated to be in need of mental health treatment or treatment as a sex offender.
Willful and obstinate refusal to work while on probation, parole, community control, conditional release or control release, or while at a restitution center.
Inmate threatened victim(s) or witness(es).
The facts of the offense show egregious circumstances which are not elements of the crimes charged.
Inmate has expressed contempt for the judicial or correctional system.
Inmate was a public official who accepted bribe to influence an official decision.
Inmate’s status as ringleader of a drug operation.
Inmate’s attack on victim(s) was in the presence of children.
Inmate induced others to participate in the commission of the crime.
Inmate is an illegal alien who committed the offense after previously being deported for a criminal offense.
The offense involved the use of a firearm or dangerous weapon.
The offense resulted in great bodily injury or pecuniary loss.
The offense was part of a large scale organized scheme of criminal conspiracy.
The inmate committed an offense for the purpose of avoiding or preventing a lawful arrest or effecting an escape.
The inmate has a history of alcohol or narcotic abuse.
The inmate has a history of assaultive or violent behavior.
The inmate has failed or refused to make restitution although able to do so.
Based on an inmates sentence under Section 893.13(1)(e)1., or (1)(i)1., or 775.084(1)(a), F.S., it is statutorily required that the inmate be placed into an advanceable category only as the result of a critical depletion transfer. (All inmates aggravated under this factor have scored as eligible for early release and/or advanceable on the matrix grid, but are aggravated to the max A non-advanceable category).

(e) Control Release Criteria (mitigation) – Reasons for mitigating a control release date to an earlier date than determined by objective criteria or determining eligible for future advances of control release date shall include:

Period of control release supervision necessary to assure inmate makes restitution.
Inmate suffering mental impairment which diminishes understanding and judgment, but is capable of responding to supervision.
Cooperation with law enforcement or other material assistance to state or federal authorities.
Inmate’s criminal behavior appears influenced by intoxication or substance abuse, and inmate appears amenable to treatment and supervision.
Inmate’s participation in drug treatment program.
Age of inmate shows some reasonable chance for rehabilitation.
Inmate acted under duress from co-defendant.
Inmate out of custody for extended period and led a law abiding life.
Inmate’s offense was isolated incident and inmate appears to pose no future threat to society.
Inmate has consistently evidenced remorse since the offense.
Unsophisticated manner in which crime was committed.
The crime neither caused nor threatened serious harm to persons or property, nor did the inmate contemplate it would do so.
The victim of the crime induced or facilitated the offense.
There is substantial evidence tending to excuse or justify the crime, though failing to establish a defense.
The inmate acted under strong provocation or duress.
The inmate had only a peripheral role in the crime.
There is confirmed evidence that the inmate attempted to withdraw prior to completion of the offense or attempted to make restitution prior to the discovery of the offense.
The inmate genuinely believed he had a claim of right (property offenses only).
The inmate’s past offenses were of a trivial nature.
The inmate has the availability of extremely strong community resources.
The inmate has a poor medical prognosis as indicated by a licensed medical practitioner.
The inmate has served, or faces a substantial period of incarceration for other offenses.
The inmate is an alien and faces deportation under a deportation order or detainer which has been formally entered by the United States Immigration and Naturalization Service.
The inmate has spent a long period of incarceration in another jurisdiction.
The inmate has court ordered supervision to follow release.
To maintain lawful prison capacity.

(f) Reasons for requiring or extending supervision shall include:

Inmate has need for an extended rehabilitation treatment program and the control release is predicated upon successful completion of that program.
Inmate has previously failed to successfully complete a period of supervision.
Inmate is required to make restitution and the extended period will allow him to complete payment while supporting himself and his dependents.
The circumstances of the inmate’s offense(s) of conviction were so serious that it is in the best interest of society that he remain under supervision.
Inmate’s release from supervision at an earlier date would depreciate the seriousness of his offense(s) or promote disrespect for the law.
Inmate’s criminal record is so extensive that a lesser period of supervision would promote general disrespect for the law.
Inmate’s criminal behavior appears influenced by intoxication or substance abuse and inmate appears amenable to treatment and supervision.
Period of supervision required to assure inmate does not make contact with victim(s) or witness(es).
The inmate has a consecutive sentence(s).
The inmate has conditional release eligible commitments contained in sentence structure.

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94, 8-16-94, 4-16-96, 2-12-13.

Fla. Admin. Code R. 23-22.009 Disposition of Special Types of Cases Involving Control Release

(1) Where a control release eligible sentence runs consecutive to or concurrent with a parole-eligible sentence, the Commission shall establish the CRD within 90 days following expiration of the parole-eligible sentence or within 90 days following parole to the control-release eligible sentence. When granted parole and upon subsequent completion of a control release eligible sentence or reaching the established CRD, the Commission shall reinterview the offender and consider any new information. Upon affirmative vote to authorize parole by a panel of no fewer than two Commissioners, the offender shall be released on parole, subject to any conditions imposed by the Commission. Upon a negative vote declining to authorize parole release, the Commission shall reinstate the offender’s prior presumptive parole release date, which it shall either extend based upon any new information, not previously used in establishing or modifying the presumptive parole release date, or suspend the PPRD pursuant to Section 947.18, F.S.

(2) Where an inmate has a sentence which is both control release and conditional release eligible, a CRD will be established within 90 days following notification by the Department of Corrections of receipt of the inmate. If the inmate is not released by control release, he will be released pursuant to the conditional release program set forth in the F.S.

(3) A control release eligible inmate serving sentences in which the court has retained jurisdiction, shall have a non-advanceable CRD established within 90 days after notice of receipt from the Department. The non-advanceable control release date shall not be prior to the expiration of the retained jurisdiction portion of the sentence, unless otherwise recommended by the court.

(4) Inmates serving a mandatory minimum term of years shall be scheduled for a control release evaluation within 90 days following expiration of the mandatory portion of the sentence. If the mandatory term is the same length as the sentence imposed, no evaluation shall be required.

(5) Vacating the Control Release Date:

(a) Any crime committed prior to or during the inmate’s incarceration, with an ensuing conviction and sentence, shall upon notice by the Department be considered as recently discovered information of past criminal conduct and placed on the docket for the Commission to take action, except where the new conviction causes the inmate to become statutorily ineligible. In such case, the CRD shall be vacated based on the ineligibility.

(b) Notification by the Department of the exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence or transfer to a mental health facility, shall vacate any established CRD. Any subsequent return to incarceration shall require another control release evaluation. However, any inmate with a maximum B non-advanceable CRD shall not have his CRD vacated based on transfer to a mental health facility.

(c) Where inmates have returned from courts outside of Florida’s jurisdiction disposing of pending charges, information resulting from disposition of such cases shall be used as new information to determine inmate’s eligibility, and if ineligible vacate the CRD, or to be placed on the docket for the Commission’s review.

(d) Inmates who are eligible to refuse control release and choose to do so will have their CRD automatically vacated. Any inmate who refuses control release can upon request be re-reviewed one time for the establishment of a new CRD. If there have been no changes in the inmates eligibility status, a new CRD will be established within 90 days of receipt of the inmate’s request. If the one time option for review is accepted and an inmate again refuses control release, there will be no subsequent review for the establishment of a new CRD.

(6) Inmates serving Florida control release eligible sentences that are confined in another jurisdiction shall have a CRD established within 90 days after notice of the inmate’s return to the custody of the Department for incarceration.

(7) Critical Depletion Transfer Procedure. Whenever the release of control release eligible inmates depletes the total number of control release eligible inmates with advanceable control release dates established at TRD or earlier to less than 4,000, inmates in the maximum, non-advanceable sub-division Maximum A will be transferred to TRD Advanceable in compliance with the following specifications and criteria:

(a) The number transferred shall be equal of the minimum number needed to return the pool of inmates with CRDs established at TRD or earlier to 4,020 (+ plus or minus 1/2%).

(b) Those inmates closest to their TRD/PRD.

(c) Inmates shall be ineligible for transfer if subject to disciplinary proceedings during the 60 days prior to the transfer action.

(d) Inmates selected for transfer shall have their CRDs re-established at their current TRD or PRD, whichever is earlier.

(8) Effective May 25, 1992, all inmates that have a maximum CRD established on or before May 25, 1992, shall be reviewed within 180 days of the effective date of this rule, by a panel of no fewer than two Commissioners, applying the matrix grid as provided in paragraphs 23-22.008(3)(d), (e) and (f), F.A.C., as amended May 25, 1992.

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94.

Fla. Admin. Code R. 23-22.010 Advancing or Extending Control Release Dates

(1) The power and duty to extend or advance an inmate’s CRD shall be by a panel of no fewer than two members of the Commission.

(2) Recently discovered information of past criminal conduct shall include information relating to prior criminal behavior which was not known by the Commission but could have been used for the purpose of establishing the salient factor score or aggravation or mitigation at the time of the initial scoring.

(3) Recommendations of the Department to the Commission regarding the inmate’s institutional adjustment constitute grounds on which the Commission shall extend, advance or retain an inmate’s CRD.

(4) Early release from incarceration through control release is not a right of the inmate, as it is solely an administrative function designed to manage the state prison population within lawful capacity. Any reduction of the inmate population below 99% of lawful prison capacity may result in the Commission extending all control release dates in such a manner that no release will be occasioned by control release. At such time as determined by the Commission, based upon a subsequent increase in the prison population, those dates in the advanceable pools will be advanced.

(5) An inmate can receive an advancement of his CRD by the application of award allotments if he has been designated by the Commission as CRD advanceable and has a disciplinary free record for the month previous to the award and a disciplinary free record for the month of award up to the time of advancement. Additionally, to receive an advancement, an inmate must not have a Commission docket action pending at the time of the award.

(6) Postponement of a CRD by a Commissioner shall be reviewed by a panel of no fewer than two Commissioners.

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 1-5-94, 8-16-94, 2-12-13.

Fla. Admin. Code R. 23-22.011 Notice of Release by Control Release

History

Rulemaking Authority 947.07, 947.146(7)(h), 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Repealed 3-31-10.

Fla. Admin. Code R. 23-22.012 Review of Control Release Dates

(1) Inmates shall have no right of review for control release dates as established by the Commission.

(2) The Commission or the Chair can direct the review of any category of established CRDs based on the lawful prison capacity.

(3) Any inmate whose CRD is in the maximum category shall have his control release date reviewed at least every 5 years following the Commission’s latest consideration of the CRD.

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 1-5-94, 8-16-94.

Fla. Admin. Code R. 23-22.013 Control Release Supervision

(1) Prior to an inmate being released by control release, the Commission shall determine whether there is to be a period of supervision. If there is supervision, the length of supervision shall be determined as follows:

(a) If the inmate is serving a single or concurrent sentence, the period of time the person shall be on control release supervision shall be the time specified by the control release matrix grid. However, the Commission has the authority to designate no supervision or a shorter period of time in which event it will record reasons for the alternative period of supervision. The total of time served and period of supervision shall not exceed the length of the court imposed sentence(s).

(b) If the inmate is serving a consecutive sentence or sentences and the Commission requires supervision, the period of time the inmate shall be on control release supervision shall be for the balance of the court imposed sentence(s).

(c) If the inmate has a conditional release eligible component contained within his cumulative sentence structure, the period of time the inmate shall be on control release supervision shall be for the balance of the court imposed sentence(s).

(2) All persons placed solely on control release supervision shall initially be subject to the standard conditions of control release:

(a) The standard conditions of control release shall include the following:

I shall, promptly upon being released on control release, proceed to my planned place of residence identified on page one. I shall report in person to the probation and parole office in ____ County, Florida, as instructed by my release officer on _____ at ______. If no specific report/time is given, I shall report within 72 hours of my release.
I shall secure the permission of my control release officer before:

a. I change my residence or employment,

b. I leave the county of my residence or the state,

c. I post bail or accept pretrial release if I am arrested for a felony.

I shall submit a full and truthful report to my control release officer each month in writing on the forms provided in person as directed by my control release officer.
I shall not:

a. Own, carry, possess, or have in my constructive possession a firearm or ammunition.

b. Use or possess alcohol or intoxicants of any kind.

c. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

d. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

I shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.
I shall secure the permission of my control release officer before I own, carry or have in my constructive possession a knife or any other weapon.
I shall obey all laws, ordinances and statutory conditions of control release.
I shall:

a. Submit to a reasonable search by a control release officer, of my person, residence or automobile,

b. Waive extradition to the State of Florida if I am wanted for return as an alleged control release violator,

c. Permit my control release officer to visit me at my residence, employment or elsewhere,

d. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my control release officer or the Florida Commission on Offender Review.

I understand that I am to remain on control release until released by expiration or by control release authority order.
During my control release term, I agree to submit to random substance abuse testing as directed by my supervising officer to determine the presence or use of alcohol or controlled substance as defined in Chapter 893, F.S.
During my control release term, I agree to submit to and pay for urinalysis testing to identify drug usage and understand that my failure to make such payment or participate as defined under this condition of my control release may be considered grounds for revocation of control release by the Florida Commission on Offender Review.
I agree to pay any court ordered payments such as child support, restitution, or civil liens resulting from restitution orders.
I shall execute and provide authorizations to release records to my control release officer and the Commission so that my progress and participation in required programs can be monitored and documented.

(b) In addition to these standard conditions, the Commission shall require such special conditions of control release supervision as it deems necessary.

(3) As an alternative to standard supervision previously described in this rule and required by the matrices or subsection 23-22.008(9), F.A.C., the Commission is authorized to require a control release term for any length of time up to the remainder of the inmate’s court imposed sentence under the solitary condition of:

(a) I shall live and remain at liberty without violating any law or ordinance.

(b) The releasee will be administratively monitored by the supervising agency who will generate a report in the event of a criminal arrest of the releasee.

The supervising agency has insufficient resources to provide standard supervision for all releasees, and there is more acute need for limited supervisional resources for public protection in other release cases; and,
There are no known benefits to be derived from standard supervision in regard to requiring restitution or requiring avoidance of victim contact.

(4) There shall be no right of review of the terms and conditions of control release as determined by the Commission.

(5) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a control releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of control release. A panel of no fewer than two Commissioners shall discharge from control release, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the control releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of control release.

(6) A panel of no fewer than two Commissioners shall review the progress of each person who has been placed on control release after 2 years of supervision and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a control releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(7) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the control release supervisor.

(8) Such modification shall not impose new or different terms or conditions of control release more restrictive than was stated in the original certificate.

History

Rulemaking Authority 947.146, 947.07 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94, 3-31-10, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-22.014 Revocation of Control Release

(1) Warrants.

(a) A warrant for the arrest of a control releasee shall be executed only by a Commissioner except in the case of an emergency warrant as provided in subsection (2), herein. The decision to issue a warrant shall be based on evidence which indicates reasonable grounds to believe a releasee has violated the conditions of control release. The issuance of a warrant is discretionary.

(b) All warrant requests will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit the warrant to a Commissioner or Commissioners for a decision.

(c) If staff submits a warrant request to a Commissioner for a review, the reviewing Commissioner shall execute the warrant, deny the warrant, or have the warrant request placed before a panel of no fewer than two (2) Commissioners for a decision.

(d) A request for a warrant shall be denied only by a Commissioner or Commissioners and the reasons for the denial shall be provided to the requester, except in the case of an emergency warrant.

(e) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. Alleged violators of control release will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(f) Should a warrant be issued and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause.

(2) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair when the Commission receives notification from an arresting agency that a releasee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the releasee.

(b) The decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a releasee violated the conditions of control release. The issuance of an emergency warrant is discretionary.

(c) Should an emergency warrant be issued, such will be transmitted to the detaining agency for appropriate service or filing. Alleged violators of control release will be entered into the Florida Crime Information Center and National Crime Information Center, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested, only the signing Commissioner or the Chair is authorized to dismiss the warrant for good cause.

(3) Release on Recognizance.

(a) The Commission, a Commissioner may at any time during the violation process, release a control releasee on recognizance bond, conditioned upon the control releasee’s appearance at any hearings noticed by the Commission or until further order of the Commission.

(b) A review regarding bond for alleged control release violators who are in custody, shall be conducted before or at the time of the initial service of the notice of the violation hearing.

(c) The alleged violator must be informed that by accepting release on recognizance, he is waiving any and all time constraints related to the violation hearing.

(d) Any control releasee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of bond regarding the Commission warrant. Such hearing shall be held by a Commissioner or a duly authorized representative of the Commission, who shall provide the Commission with a written summary of the hearing, after which a panel of no fewer than two Commissioners shall make a decision and inform the control releasee. Violations of the conditions of release can cause an order to revoke the ROR to be executed by a Commissioner when reliable information is received of violation of release on recognizance. Such order shall be sufficient to cause the arrest and return of the control releasee to custody.

(4) Control Release Violation Hearing.

(a) A Commissioner or a duly authorized representative of the Commission shall convene a violation hearing within 45 days after notification of the arrest in the State of Florida of a control releasee charged with violation(s), unless waived by the releasee.

(b) The control releasee shall be informed, in writing, at least 14 days prior to the control release violation hearing of the date, time and location of the hearing. The notice of the hearing shall contain the charges of violation and a list of the releasee’s rights, as follows:

The opportunity to be present for the control release violation hearing.
The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.
The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the control release violation hearing.
The opportunity to confront and cross-examine any adverse witness.
The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973).

A control releasee serving a state sentence within the State of Florida may waive his or her final hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The control releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a control release violation hearing shall be convened after appropriate notice.
A control releasee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the violation. Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the releasee has completed his or her sentence in the other jurisdiction and is returned to Florida. The control releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a control release violation hearing shall be convened after appropriate notice.

(d) The control releasee is entitled to request that his control release violation hearing be postponed upon a showing of good cause. The request for postponement or continuance may be submitted to the hearing officer in writing prior to convening the hearing, provided that the reasons for the request are outlined with specificity. The granting of a continuance or postponement on behalf of the control releasee constitutes a waiver by the control releasee of all time constraints. In the event that the control release violation hearing has been convened, such may be postponed or continued beyond 45 days as provided by statute, on the motion of the control releasee, the Commission or duly authorized representative of the Commission, provided the record reflects good cause for such continuance or postponement.

(e) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed/retained attorney raises competency issues, then evidence of mental competency/incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may either order that the violation process proceed, that the violation process be placed in abeyance, or such other order that it considers proper.

(f) The control release violation hearing shall be convened within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.

(g) Subpoenas and subpoenas duces tecum for the control releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the control releasee. The Commission, a Commissioner or a duly authorized representative of the Commission may decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or nonprobative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.

(h) At the hearing, the accused violator may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the control releasee desire, retained counsel may represent the control releasee at the hearing. In the event the control releasee desires counsel and has not retained one, the following procedure shall apply:

The hearing officer shall determine the control releasee’s financial ability to retain private counsel. When the hearing officer determines a control releasee has the ability to retain private counsel, reasonable time shall be permitted for the control releasee to secure counsel, if the control releasee so desires.
If the hearing officer concludes the control releasee is unable to secure counsel by reason of indigency, the hearing officer shall then proceed to determine if the control releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the reasons for the denial shall be stated in the record.

(i) During a control release violation hearing, the releasee has a right to speak on his/her own behalf. The hearing investigator may elect to rule on legal matters during the course of the hearing or may elect to withhold ruling pending consultation with counsel or staff.

(k) When the Commission finds that the control release has committed one or more violations, the Commission shall cause an order to be entered, attested to by the agency clerk or his designee, revoking modifying or terminating the control release, or restoring the control releasee to supervision. Notification by copy of the Commission order shall be provided to the control releasee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.

(l) The hearing officer conducting the hearing may elect to receive information following the violation hearing if the control releasee stipulates to the receipt of such information and such stipulation is reflected in the record.

(m) When a panel of no fewer than two (2) Commissioners revokes control release, the control releasee shall be entitled to credit for time spent in custody prior to the violation hearing for all charges that appear on the warrant and/or notice of hearing, as decided by the panel. Time spent in another jurisdiction as a result of intervening sentence(s) shall be considered. Credit for time in custody shall be reflected in the order of revocation of control release.

(n) The Commission shall consider the credit for time served on control release in each case. The actual award of such credit is discretionary with the Commission. Credit for time served on control release shall be reflected in the Commission’s order.

(o) Pursuant to the United States Supreme Court’s decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.

(p) When a panel of no fewer than two (2) Commissioners revokes control release, the control releasee shall be scheduled for an evaluation by Commission staff following notification by the Department that the inmate has been received, provided that the releasee is statutorily eligible.

History

Rulemaking Authority 947.07, 947.146 FS. Law Implemented 947.141, 947.146, 947.147 FS. History–New 9-1-90, Amended 4-20-94, 1-5-94, 3-31-10, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-22.015 Control Release Forms

History

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.141, 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94, Repealed 3-31-10.

Chapter 23-23 CONDITIONAL RELEASE PROGRAM

Fla. Admin. Code R. 23-23.001 General

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Repealed 6-1-98.

Fla. Admin. Code R. 23-23.002 Notice of Meetings, Workshops and Proposed Rules

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 120.53 FS. History–New 10-20-91, Amended 8-16-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-23.003 Agenda of Meetings and Workshops

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 120.53 FS. History–New 10-20-91, Amended 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-23.004 Emergency Meetings

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 120.53 FS. History–New 10-20-91, Repealed 6-1-98.

Fla. Admin. Code R. 23-23.005 Commission Meetings and Workshops Pertaining to Conditional Release

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 120.53 FS. History–New 10-20-91, Amended 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-23.006 Conditional Release Definitions

(1) “Commission Chair” means the commissioner who, as selected by the Governor and Cabinet, is authorized to conduct agency business and call and preside over Commission meetings.

(2) “Conditional release” means the release of any inmate eligible under section 947.1405(2), F.S.

(3) “Conditional releasee” or “releasee” means an inmate released to conditional release supervision.

(4) “Commission investigator” means a Commission employee authorized to:

(a) Hold release on recognizance and violation hearings and make findings of fact and recommendations to the Commission; and

(b) Perform other related duties as assigned.

(5) “Department” means the Florida Department of Corrections.

(6) “Prior felony commitment” means any felony commitment served prior to a subsequent felony commitment.

(7) “Provisional release date (PRD)” means the date projected by the Department for the inmate’s release from custody by virtue of gain-time and provisional release credits granted.

(8) “Release plan” means the plan provided by the inmate for residence and employment when scheduled for conditional release.

(9) “Revocation of conditional release” means the order of the Commission entered after a conditional releasee has been found to have violated one or more conditions of the conditional release and that may require the releasee’s return to prison to resume service of the sentence(s).

(10) “Tentative Release Date (TRD)” means the date projected by the Department for the inmate’s release from custody by virtue of gain-time granted or forfeited pursuant to section 944.275(3)(a), F.S.

(11) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused. The terms “crime” and “criminal” include delinquent acts and conduct.

(12) “Warrant” means a document executed by a commissioner or other authorized member of the Commission authorizing and requiring the arrest of a releasee for alleged violations of conditions of conditional release.

History

Rulemaking Authority 947.07, 947.1405(9) FS. Law Implemented 947.1405 FS. History–New 10-20-91, Amended 1-5-94, 5-29-02, 3-31-10, 7-16-17, 7-28-26.

Fla. Admin. Code R. 23-23.007 Victim Input

(1) Upon request of a victim, a victim shall receive advance notice of all public conditional release proceedings in which he or she is a victim and shall have the right to be present at such proceedings. Victims shall be notified at the most current address available to the Commission.

(2) Upon request of a victim or any person harmed by the inmate or conditional releasee, a victim or any person harmed by the inmate or conditional releasee shall be given a reasonable time to address the Commission regarding any conditional release matter before the Commission by making an oral statement at a Commission meeting or by submitting a written statement.

(4) Upon request of a victim, a victim will be notified of action taken by the Commission within a reasonable time after the meeting.

(6) No testimony will be allowed at Commission meetings regarding revocation matters. Other than a victim or member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a conditional release revocation matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

History

Rulemaking Authority 947.06, 947.07, 947.1405(9) FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 3-31-10, 2-12-13, 7-28-26.

Fla. Admin. Code R. 23-23.008 Conditional Release Evaluation Procedure

(1) Within 180 days prior to an inmate’s Tentative Release Date or Provisional Release Date whichever is earlier, as established by the Department of Corrections, the Department shall review the inmate’s program participation, disciplinary record, psychological and medical records, and any other information pertinent to the pending release. The Department shall interview the inmate for conditional release and shall request the inmate to present his/her conditional release plan. The Department shall gather and compile information necessary for the Commission to make the determinations set forth in Sections 947.1405(3) and (5), F.S.

(2) Within 60 days from the receipt of the interview by the Department completed under subsection (1), a panel of no fewer than two Commissioners shall review the recommendations of the Department, and such other information as it deems relevant, and conduct a review of the inmate’s record for the purpose of establishing the terms and conditions of the conditional release. The Commission imposes any special conditions it considers warranted.

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405 FS. History–New 10-20-91, Amended 8-18-98, 3-31-10.

Fla. Admin. Code R. 23-23.009 Notice of Release by Conditional Release

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405 FS. History–New 10-20-91, Repealed 3-31-10.

Fla. Admin. Code R. 23-23.010 Conditional Release Supervision

(1) Prior to an inmate being released by conditional release, the Commission shall determine the terms and conditions of supervision.

(2) If an inmate has received a term of probation or community control supervision to be served after release from incarceration, and his/her offense was committed prior to July 1, 2001, he/she is not eligible for conditional release supervision. If the offense was committed on or after July 1, 2001, then conditional release supervision will defer to and run concurrent with the term of probation or community control supervision. Upon expiration of the court imposed supervision, the offender will be subject to the conditions of conditional release supervision until the maximum period of conditional release supervision expires.

(3) An inmate who has been convicted of a violation of Chapter 794, F.S., or is found by the court to be a sexual predator in accordance with Florida Statute is subject to the maximum level of supervision provided, and that supervision shall continue through the end of the releasee’s original court-imposed sentence. The length of supervision must not exceed the maximum penalty imposed by the court.

(4) An inmate who is subject to conditional release supervision shall not be subject to provisional release supervision.

(5) All persons placed solely on conditional release supervision shall initially be subject to the standard conditions of conditional release upon their release from incarceration.

(a) The standard conditions of conditional release shall be the following:

Promptly upon being released on Conditional Release, you will proceed to your planned place of residence identified on page one. You shall report in person to the probation and parole office in________ County, Florida, as instructed by the release officer, on ________ at ________. If no specific report date/time is given, you shall report within 72 hours of your release.
You shall secure the permission of your Conditional Release Supervisor before:

a. You change your residence or employment,

b. You leave the county of your residence or the state,

c. You post bail or accept pretrial release if you are arrested for a felony.

You shall submit a full and truthful report to your Conditional Release Supervisor each month in writing on the forms provided in person, as directed by your Conditional Release Supervisor.
You shall not:

a. Own, carry, possess, or have in your constructive possession a firearm or ammunition.

b. Use or possess alcohol or intoxicants of any kind.

c. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

d. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

You shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.
You shall secure the permission of your Conditional Release Supervisor before you own, carry or have in your constructive possession a knife or any other weapon.
You shall obey all laws, ordinances and statutory conditions of conditional release.
You shall:

a. Submit to reasonable search by a Conditional Release Supervisor, of your person, residence or automobile,

b. Waive extradition to the State of Florida if you are wanted for return as an alleged conditional release violator,

c. Permit your Conditional Release Supervisor to visit you at your residence, employment or elsewhere,

d. Promptly and truthfully answer all questions and follow instructions asked or given to you by your Conditional Release Supervisor or the Commission.

You understand that you are to remain on conditional release until released therefrom by expiration or by Commission order.
During your conditional release term, you shall submit to random testing as directed by your supervising officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111, or Chapter 893, F.S.
During your conditional release term, you shall submit and pay for urinalysis testing to identify drug usage and understand that your failure to make such payment or participate as defined under this condition of your conditional release will be considered grounds for revocation of conditional release by the Commission on Offender Review.
I agree to pay any court ordered payments such as child support, restitution, or civil liens resulting from restitution orders.
You shall execute and provide authorizations to release records to your Conditional Release Supervisor and the Commission so that your progress and participation in required programs can be monitored and documented.

(b) In addition to these standard conditions, the Commission shall require such special conditions of conditional release supervision as it deems necessary.

(6) There shall be no right of review of the terms and conditions of conditional release as determined by the Commission.

(7) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a conditional releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of conditional release. A panel of no fewer than two Commissioners shall discharge from conditional release, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the conditional releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of conditional release.

(8) A panel of no fewer than two (2) commissioners shall review the progress of each person who has been placed on conditional release after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a conditional releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(9) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the conditional release supervision.

(10) Such modification shall not impose new or different terms or conditions of conditional release more restrictive than was stated in the original certificate.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 3-31-10, 7-16-17.

Fla. Admin. Code R. 23-23.011 Revocation of Conditional Release

(1) Warrants.

(a) A warrant for the arrest of a conditional releasee shall be executed only by a Commissioner, except in the case of an emergency warrant as provided in subsection (2), herein. The decision to issue a warrant shall be based on evidence which indicates reasonable grounds to believe a releasee has violated a condition of conditional release. The issuance of a warrant is discretionary, except in the case of a sexual predator, the warrant is not discretionary and must be issued, pursuant to Section 947.141(1), F.S., provided reasonable grounds exist that a violation has occurred.

(b) All warrant requests will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit the warrant request to a Commissioner for a decision regarding issuance of a warrant.

(c) If staff submits a warrant request to a Commissioner for a review, the reviewing Commissioner will elect to execute the warrant, deny the warrant, or to have the warrant request placed before a panel of no fewer than two (2) Commissioners for a decision.

(d) A request for a warrant shall be denied only by a Commissioner or Commissioners and the reasons for the denial shall be provided to the requester.

(e) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. Alleged violators of conditional release will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(f) Should a warrant be issued, and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause or have the dismissal request placed on the docket before a panel of no fewer than two (2) Commissioners for a decision.

(2) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair when the Commission receives notification from an arresting agency that a releasee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the releasee.

(b) The decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a release violated the conditions of conditional releasee. The issuance of an emergency warrant is discretionary.

(c) Should an emergency warrant be issued, such will be transmitted to the detaining agency for appropriate service or filing. Alleged violators of conditional release will be entered into the Florida Crime Information Center and National Crime Information Center, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested, only the signing Commissioner or the Chair is authorized to dismiss the warrant for good cause.

(3) Release on Recognizance.

(a) The Commission or a Commissioner may at any time during the violation process, release a conditional releasee on recognizance bond, conditioned upon the conditional releasee’s appearance at any hearings noticed by the Commission or until further order of the Commission.

(b) A review regarding bond for alleged conditional release violators who are in custody, shall be conducted before or at the time of the initial service of the notice of the violation hearing.

(c) The alleged violator must be informed that by accepting release on recognizance, he is waiving any and all time constraints related to the violation hearing.

(d) Any conditional releasee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of bond regarding the Commission warrant. Such hearing shall be held by a Commissioner or a duly authorized representative of the Commission, who shall provide the Commission with a written summary of the hearing, after which a panel of no fewer than two Commissioners shall make a decision and inform the conditional releasee. Should the Commission or an authorized representative receive reliable information that the releasee has violated the conditions of the release on recognizance, a Commissioner can enter an order revoking the release on recognizance. Such order shall be sufficient to cause the arrest and return of the releasee to custody.

(4) Conditional Release Violation Hearing.

(a) A Commissioner or a duly authorized representative of the Commission shall convene a violation hearing within 45 days after notification of the arrest in the State of Florida of a conditional releasee charged with violation(s), unless waived by the releasee.

(b) The conditional releasee shall be informed, in writing, at least 14 days prior to the conditional release violation hearing of the date, time and location of the hearing. The notice of the hearing shall contain the charges of violation and a list of the releasee’s rights, as follows:

The opportunity to be present for the conditional release violation hearing.
The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.
The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the conditional release violation hearing.
The opportunity to confront and cross-examine any adverse witness.
The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973).

A conditional releasee serving a state sentence within the State of Florida may waive his or her final hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The conditional releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a conditional release violation hearing shall be convened after appropriate notice.
A conditional releasee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the violation. Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the conditional releasee has completed his or her sentence in the other jurisdiction and is returned to Florida. The conditional releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a conditional release violation hearing shall be convened after appropriate notice.

(d) The conditional releasee is entitled to request that his conditional release violation hearing be postponed until such time as any pending criminal charges that are listed on the Commission’s warrant or notice of hearing have been resolved or upon a showing of good cause. The request for postponement or continuance may be submitted to the person conducting the hearing in writing prior to convening the hearing, provided that the reasons for the request are outlined with specificity. The granting of a continuance or postponement on behalf of the conditional releasee constitutes a waiver by the conditional releasee of all time constraints, any requirement for a local hearing, and shall postpone disposition of the violations until notification is received by the Commission that the pending criminal charges have been resolved or the Releasee elects to proceed with or waive the hearing. If there are also pending technical violations, the granting of the postponement also postpones disposition of the technical violations until such time as the criminal charges are resolved. In the event that the conditional release violation hearing has been convened, such may be postponed or continued beyond 45 days as provided by statute, on the motion of the conditional releasee, the Commission or duly authorized representative of the Commission, provided the record reflects a good cause reason for such continuance or postponement.

(f) The conditional release violation hearing shall be convened within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.

(g) Subpoenas and subpoenas duces tecum for the conditional releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the conditional releasee. The Commission, a Commissioner or a duly authorized representative of the Commission will decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or nonprobative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.

(h) At the hearing, the accused violator may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the conditional releasee desire, retained counsel may represent the conditional releasee at the hearing. In the event the conditional releasee desires counsel and has not retained one, the following procedure shall apply:

The person conducting the hearing shall determine the conditional releasee’s financial ability to retain private counsel. When the person conducting the hearing determines a conditional releasee has the ability to retain private counsel, reasonable time shall be permitted for the conditional releasee to secure counsel, if the conditional releasee so desires.
If the person conducting the hearing concludes the conditional releasee is unable to secure counsel by reason of indigency, the person conducting the hearing shall then proceed to determine if the conditional releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U. S. 778 (1973). If a request for counsel is denied, the grounds for the denial shall be stated in the record.

(i) During a conditional release violation hearing, the conditional releasee has a right to speak on his/her own behalf. The person conducting the hearing has authority to elect to rule on legal matters during the course of the hearing or may elect to withhold ruling pending consultation with counsel or staff.

(j) Based on evidence presented at the violation hearing, or received by stipulation, the person conducting the hearing shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission. When the Commission finds that the conditional releasee has committed one or more violations, the Commission shall within a reasonable time enter an order revoking the conditional release, restoring the conditional releasee to supervision or such other order as deemed appropriate. Notification by copy of the Commission order shall be provided to the conditional releasee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.

(k) The person conducting the hearing has authority to elect to receive information following the violation hearing if the conditional releasee stipulates to the receipt of such information and such stipulation is reflected in the record.

(l) When a panel of no fewer than two (2) Commissioners revokes conditional release, the conditional releasee shall be entitled to credit for time spent in custody prior to the violation hearing for all charges that appear on the warrant and/or notice of hearing. Time spent in another jurisdiction as a result of intervening sentence(s) shall be considered. Credit for time in custody as decided by the panel shall be reflected in the order of revocation of conditional release.

(m) The Commission shall consider the credit for time served on conditional release in each case. The actual award of such credit is discretionary with the Commission. Credit for time served on conditional release shall be reflected in the Commission’s order.

(n) Pursuant to the United States Supreme Court’s decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.

History

Rulemaking Authority 947.07 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 4-20-94, 3-31-10, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-23.012 Conditional Release Forms

History

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, Repealed 3-31-10.

Chapter 23-24 CONDITIONAL MEDICAL RELEASE PROGRAM

Fla. Admin. Code R. 23-24.010 General

History

Rulemaking Authority 120.53, 947.06, 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-24.015 Notice of Meetings, Workshops and Proposed Rules

History

Rulemaking Authority 120.53, 947.06, 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 8-16-94, Repealed 6-1-98.

Fla. Admin. Code R. 23-24.020 Conditional Medical Release Eligibility

(1) The Department of Corrections shall identify and refer inmates who they have determined to be “permanently incapacitated” or “terminally ill”, to be considered for conditional medical release by the Commission. Inmates under sentence of death are ineligible. To constitute a referral from the Department of Corrections information provided to the Commission shall include the following:

(a) Clinical Report. Complete medical information justifying classification of the inmate as “permanently incapacitated” or “terminally ill” as defined in Florida Statutes.

(b) Verifiable release plan, to include necessary medical care and attention.

(2) The referral shall be directed to the Office of the Commission Clerk who may docket the case before the Commission. A decision will be made by a majority of the quorum present and voting.

(3) The Commission shall approve or disapprove conditional medical release based upon information submitted in support of the recommendation and review of the Department of Corrections central office file. In the event additional information is needed, the Commission shall continue the case for verification of the release plan, additional medical examination(s) and other investigations as directed. The Commission shall instruct staff to conduct the appropriate investigation. Such instruction shall include a written statement setting forth the specific information being requested. In doing so, the Commission shall continue the case to a future docket date certain.

(4) If requested by the victim or the personal representative of the victim, notification shall be provided to the victim or personal representative of the victim of any hearing where the release of the inmate on conditional medical release is considered prior to the inmate’s release, if the name and address of such victim or representative of the victim is known by the Commission.

History

Rulemaking Authority 947.06, 947.07 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 3-31-10, 2-12-13.

Fla. Admin. Code R. 23-24.025 Victim Input

(1) Upon request of a victim, a victim shall receive advance notice of all public conditional medical release proceedings in which he or she is a victim and shall have the right to be present at such proceedings. Victims shall be notified at the most current address available to the Commission.

(2) Upon request of a victim or any person harmed by the inmate or conditional medical releasee, a victim or any person harmed by the inmate or conditional medical releasee shall be given a reasonable time to address the Commission regarding any conditional medical release matter before the Commission by making oral statement at a Commission meeting or by submitting a written statement.

(4) Upon request of a victim, a victim will be notified of action taken by the Commission within a reasonable time after the meeting.

(6) No testimony will be allowed at Commission meetings regarding revocation matters. Other than a victim or a member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a conditional medical release revocation matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

(7) No testimony will be allowed at Commission meetings regarding recission matters. Other than a victim or member or employee of the Commission, any person wishing to make a statement at a Commission meeting on a conditional medical release recission matter must submit to the Chair in writing his or her request, including a summary of the proposed statement, and receive prior written approval of the Chair. The Chair must determine that such proposed statement will serve the public interest and protect public safety.

History

Rulemaking Authority 947.06, 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 7-16-13, 7-28-26.

Fla. Admin. Code R. 23-24.030 Conditions of Conditional Medical Release

All persons placed on conditional medical release supervision shall be subject to the standard conditions of conditional medical release.

(1) The following are the standard conditions of conditional medical release:

(a) Promptly upon being released on conditional medical release, I shall proceed to my approved place of residence. Immediately upon my arrival, I, or an individual authorized by law to act on my behalf, shall report by mail or telephone to my conditional medical release officer.

(b) I, or an individual authorized by law to act on my behalf, shall secure the permission of my conditional medical release officer before:

I change my residence;
I leave my approved residence for any purpose other than a medical or religious purpose; or
I post bail or accept pretrial release if I am arrested.

Own, carry, possess, or have in my constructive possession a firearm or ammunition.
Use or possess alcohol or intoxicants of any kind;
Use or possess narcotics, drugs or controlled substances as identified in section 877.111 or chapter 893, F.S., unless prescribed by a physician; or
Knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member(s), or person(s) associated with a criminal gang member(s).

(d) I shall:

Obey all laws, ordinances, and conditions of conditional medical release;
Submit to a reasonable search by a conditional medical release officer, of my person, residence or automobile,
Waive extradition back to the State of Florida if I am wanted for return as an alleged conditional medical release violator,
Permit my conditional medical release officer to visit me at my residence or at any other place I am authorized to be
Promptly and truthfully answer all questions and follow all instructions asked or given to me by my conditional medical release officer or the Commission; and
Secure the permision of my conditional medical release officer before I own, carry, or have in my constructive possession a knife or any other weapon.

(e) I understand that I am to remain on conditional medical release for the remainder of my sentence without diminution of sentence for good behavior.

(f) During my conditional medical release term, I agree to submit to random testing as directed by my conditional medical release officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or intoxicants of any kind or drugs, narcotics, or controlled substances identified in section 877.111, or chapter 893, F.S., and not prescribed by a physician.

(g) During my conditional medical release term, I agree to submit and pay for testing to identify the use of any intoxicant or substance prohibited by these conditions and understand that my failure to make such payment or submit to such testing is grounds for revocation of my conditional medical release.

(h) I shall execute and provide authorizations to release records to my conditional medical release officer and the Commission so that my medical condition and progress can be monitored and documented.

(i) I understand and agree that, in the event there is an improvement in my medical condition to the extent that I am no longer “permanently incapacitated,” or “terminally ill” as those terms are defined in section 947.149, F.S., I will, if directed to do so, report for a conditional medical release revocation hearing.

(j) I agree to submit to a medical review every ninety (90) days, or as otherwise directed by the Commission, for the purpose of monitoring and documenting my medical condition or progress and I agree to submit or direct that the results of this medical review be submitted, in writing, to my conditional medical release officer for review and submission to the Commission.

(2) I understand the Commission may also impose special conditions of conditional medical release.

(3) There shall be no right of review of the terms and conditions of conditional medical release.

(4) Should the Commission modify the terms or conditions of my conditional medical release, such modification shall not, without hearing before the Commission, impose new or different terms or conditions of conditional medical release more restrictive than were originally imposed.

History

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.141, 947.149 FS. History–New 1-5-94, Amended 3-31-10, 7-16-17, 1-1-24.

Fla. Admin. Code R. 23-24.040 Conditional Medical Release Postponement and Rescission

(1) Should any person who has been voted a conditional medical release become the subject of inmate disciplinary or classification proceedings, or become the subject of criminal arrest, information or indictment, or should the release plan prove unsatisfactory prior to actual physical release from the institution of confinement then, any Commissioner can postpone the release date.

(2) The inmate’s release date can be postponed for sixty (60) days. On or before the sixty-first (61) day, the Commission shall either release the inmate on conditional medical release or order a Commission investigator to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan as charged.

(3) At a rescission hearing, the inmate shall be afforded all due process safeguards required by law and shall be properly notified not less than seven (7) days prior to the hearing.

(4) The rescission hearing shall be scheduled within fourteen (14) days of the date the Order for a Rescission Hearing is signed by the Commission.

(5) The hearing may be continued or postponed due to the inability of any party or witness to attend or for other good cause (for example, new disciplinary reports, state of emergency, prison lock-down, etc.).

(6) New disciplinary reports received after the Order of Postponement, but prior to the date of the hearing shall be considered at the recission hearing, after re-noticing the inmate.

(7) The investigator is not required to find the inmate guilty or not guilty at the rescission hearing, but to determine if any circumstances exist beyond the documentation which provided the basis of the Commission’s decision to postpone the release.

(8) If the release has been postponed due to an unsatisfactory release plan, the investigator should receive testimony from the inmate and any witnesses as to if an alternate plan exists which may be presented to the Commission for consideration.

(9) Following the rescission hearing, the Commission shall determine whether good cause has been established to rescind conditional medical release. The Commission shall then either order the release of the inmate on the same conditions or rescind the release.

(10) If the Commission receives information from the Department of Corrections that the inmate no longer qualifies for conditional medical release based on an improvement in the medical condition, a rescission hearing is not required. However, the Commission shall provide written notice to the inmate that release has been rescinded due to a failure to qualify pursuant to Florida Statute, Section 947.149.

History

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 2-12-13, 7-30-14.

Fla. Admin. Code R. 23-24.050 Revocation of Conditional Medical Release

The revocation process for conditional medical release shall be initiated either by order of the Commission or by issuance of a warrant. Any hearing will be conducted in accordance with 947.141, F.S. Revocation hearings pursuant to order of the Commission, shall be initiated when the Commission does not intend to require the releasee to be taken into custody prior to the hearing. Revocation proceedings pursuant to warrant shall be initiated when the Commission believes that the conditional medical releasee should be returned to custody prior to the hearing being convened.

(1) Order For Revocation Hearing.

(a) A Commission order requiring a revocation hearing for a conditional medical releasee shall be authorized by the Commission, a Commissioner or a panel of no fewer than two (2) Commissioners. The decision to issue an order is discretionary and shall be based on information which indicates reasonable grounds to believe that the medical or physical condition of the medical releasee has improved to the extent that he would no longer be eligible for conditional medical release. The order shall specify whether the revocation hearing shall be held locally or at a Department of Corrections facility. Failure of a conditional medical releasee to comply with such order shall constitute grounds for issuance of a warrant.

(b) Reports reflecting improved medical or physical condition of the conditional medical releasee to the extent that he would no longer be eligible for conditional medical release will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit a draft order with supporting information to a Commissioner for a decision.

(c) If staff submits a draft order to a Commissioner for review, the reviewing Commissioner shall elect to execute the order, deny the order, or direct the draft order and supporting information be placed before a panel of no fewer than two (2) Commissioners for a decision.

(d) The Commission order can be dismissed for good cause by a panel of no fewer than two (2) Commissioners or by the Commissioner who issued the order. Should an order be issued in error by a Commissioner, such shall be dismissed by a panel of no fewer than two (2) Commissioners, or by the Commissioner who issued the order.

(2) Conditional Medical Release Revocation Hearing pursuant to Commission Order.

(a) A Commissioner or a duly authorized representative of the Commission shall convene a revocation hearing within 45 days after service of a Commissioner order for a revocation hearing.

(b) The conditional medical releasee shall be informed, in writing, at least 14 days prior to the conditional medical release revocation hearing of the date, time and location of the hearing. The notice of hearing shall include the reason for the hearing and a list of the releasee’s rights, as follows:

The opportunity to be present for the conditional medical release violation hearing.
The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.
The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the conditional medical release violation hearing.
The opportunity to confront and cross-examine adverse witness.
The opportunity to be represented by counsel, either retained or appointed, provided the appointment is made consistent with applicable law.

A conditional medical releasee serving a state sentence within the State of Florida may waive his or her final hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The conditional medical releasee can withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a conditional medical release revocation hearing shall be convened after appropriate notice.
A conditional medical releasee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the violation. Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the conditional medical releasee has completed his or her sentence in the other jurisdiction and is returned to Florida. The conditional medical releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a conditional medical release violation hearing shall be convened after appropriate notice.

(d) The conditional medical releasee is entitled to request that his conditional medical release revocation hearing be postponed upon a showing of good cause. The request for postponement or continuance shall be submitted to the hearing officer in writing prior to convening the hearing, and the reasons for the request must be outlined with specificity. The granting of a continuance or postponement on behalf of the conditional medical releasee constitutes a waiver by the conditional medical releasee of all time constraints. In the event that the conditional medical release revocation hearing has been convened, it can be postponed or continued beyond 45 days on the motion of the conditional medical releasee, the Commission or duly authorized representative of the Commission, provided the record reflects good cause for continuance or postponement.

(e) Subpoenas and subpoenas duces tecum for the conditional medical releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the conditional medical releasee. The Commission, a Commissioner or a duly authorized representative of the Commission may decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or non-probative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of proposed witnesses at least 14 days prior to the hearing date.

(f) At the hearing, the releasee can waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the conditional medical releasee desire, he can retain counsel at his expense. In the event the conditional medical releasee desires but cannot afford counsel the following procedure shall apply:

The hearing officer shall determine the conditional medical releasee’s financial ability to retain private counsel. When the hearing officer determines a conditional medical releasee has the ability to retain private counsel, reasonable time shall be permitted for the conditional medical releasee to secure counsel, if the conditional medical releasee so desires.
If the hearing officer concludes the conditional medical releasee is unable to secure counsel by reason of indigency, the hearing officer shall then proceed to determine if the conditional medical releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the grounds for the denial shall be stated in the record.

(g) During a conditional medical release revocation hearing, the conditional medical releasee has a right to speak on his/her own behalf. The hearing officer can elect to rule on legal matters during the course of the hearing or can withhold ruling pending consultation with counsel or staff.

(h) Based on evidence presented at the revocation hearing, or received by stipulation, the hearing officer shall make findings of fact regarding continued eligibility for the conditional medical release program with a written recommendation to the Commission. When the Commission finds that the medical or physical condition of the conditional medical releasee has improved to the extent that he is no longer eligible for conditional medical release, the Commission shall enter an order revoking, modifying or terminating the conditional medical release or restoring the conditional medical releasee to supervision. Notification by copy of the Commission order shall be provided to the conditional medical releasee. If the decision of the Commission is to revoke, the order entered shall include the evidence relied upon and the reasons for the revocation.

(i) The hearing officer conducting the hearing can elect to receive information following the revocation hearing if the conditional medical releasee stipulates to the receipt of such information and such stipulation is reflected in the record.

(j) If the Commission revokes conditional medical release solely for improvement of the releasee’s medical condition, the conditional medical releasee shall be entitled to credit for time served on conditional medical release. Credit for time on conditional medical release shall be reflected in the revocation order. The releasee shall not forfeit gain time accrued before the date of his release on conditional medical release.

(k) When the Commission revokes conditional medical release, the conditional medical releasee shall be scheduled for an evaluation by Commission staff to determine eligibility for parole or any other release program administered by the Commission.

(3) Conditional Medical Release Warrants.

(a) A warrant for the arrest of a conditional medical Releasee shall be authorized by the Commission, a Commissioner, or a panel of no fewer than two (2) Commissioners except in the case of an emergency warrant as provided in subsection (4), herein. The decision to issue a warrant shall be based on information which indicates reasonable grounds to believe a releasee has violated the conditions of conditional medical release. The issuance of a warrant is discretionary.

(b) All warrant requests will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit the warrant to a Commissioner or Commissioners for a decision.

(c) If staff submits a warrant request to a Commissioner for review, the reviewing Commissioner shall authorize the warrant, deny the warrant, or direct the warrant request be placed before a panel of no fewer than two (2) Commissioners for a decision.

(d) A request for a warrant shall be denied only by a Commissioner or Commissioners and the reasons for the denial shall be provided to the requester, except in the case of an emergency warrant.

(e) Should a warrant be issued, such will be transmitted to the requesting agency for service or filing. Alleged violators of conditional medical release will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(f) Any warrant can be dismissed by a panel of no fewer than two (2) Commissioners, or by the Commissioner who issued the warrant, for good cause. Should a warrant be issued in error by a Commissioner such shall be dismissed by a panel of no fewer than two Commissioners, or by the Commissioner who issued the warrant.

(4) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair when the Commission receives notification from an arresting agency that a releasee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the releasee.

(b) The decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a releasee violated the conditions of conditional medical release. The issuance of an emergency warrant is discretionary.

(c) Should an emergency warrant be issued, such will be transmitted to the detaining agency for appropriate service or filing. Alleged violators of conditional medical release will be entered into the Florida Crime Information Center and National Crime Information Center, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested, only the signing Commissioner or the Chair is authorized to dismiss the warrant for good cause.

(5) Release on Recognizance.

(a) The Commission or a Commissioner can at any time during the violation process, release a conditional medical releasee on recognizance bond, conditioned upon the conditional medical releasee’s appearance at any hearings noticed by the Commission or until further order of the Commission.

(b) A review regarding bond for alleged conditional medical release violators who are in custody, shall be conducted before or at the time of the initial service of the notice of the violation hearing.

(c) The alleged violator must be informed that by accepting release on recognizance, he is waiving any and all time constraints related to the violation hearing.

(d) Any conditional medical releasee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of bond regarding the Commission warrant. Such hearing shall be held by a Commissioner or a duly authorized representative of the Commission, who shall provide the Commission with a written summary of the hearing, after which a panel of no fewer than two Commissioners shall make a decision and inform the conditional medical releasee.

(6) Conditional Medical Release Violation Hearing pursuant to Commission Warrant.

(a) A Commissioner or a duly authorized representative of the Commission shall convene a violation hearing within 45 days after the arrest in the State of Florida of a conditional medical releasee charged with violation(s), unless waived by the releasee.

(b) The conditional medical releasee shall be informed, in writing, at least 14 days prior to the conditional medical release violation hearing of the date, time and location of the hearing. The notice of the hearing shall contain the charges of violation and a list of the releasee’s rights, as follows:

The opportunity to be present for the conditional medical release violation hearing.
The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.
The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the conditional medical release violation hearing.
The opportunity to confront and cross-examine any adverse witness.
The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with law.

(c) Any conditional medical release violation hearing can be waived by the conditional medical releasee after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The conditional medical releasee can withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a conditional medical release violation hearing shall be convened after appropriate notice.

(d) The conditional medical releasee is entitled to request that his conditional medical release violation hearing be postponed upon a showing of good cause. Any request for postponement or continuance shall be submitted to the hearing officer in writing prior to convening the hearing, provided that the reasons for the request are outlined with specificity. The granting of a continuance or postponement on behalf of the conditional medical releasee constitutes a waiver by the conditional medical releasee of all time constraints. In the event that the conditional medical release violation hearing has been convened, such can be postponed or continued beyond 45 days as provided by statute, on the motion of the conditional medical releasee, the Commission or duly authorized representative of the Commission, provided the record reflects good cause for such continuance or postponement.

(f) The conditional medical release violation hearing shall be convened within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.

(g) Subpoenas and subpoenas duces tecum for the conditional medical releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the conditional medical releasee. The Commission, a Commissioner or a duly authorized representative of the Commission has authority to decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or non-probative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.

(h) At the hearing, the releasee can waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the conditional medical releasee desire, retained counsel can represent the conditional medical releasee at the hearing. In the event the conditional medical releasee desires counsel and has not retained one, the following procedure shall apply:

The hearing officer shall determine the conditional medical releasee’s financial ability to retain private counsel. When the hearing officer determines a conditional medical releasee has the ability to retain private counsel, reasonable time shall be permitted for the conditional medical releasee to secure counsel, if the conditional medical releasee so desires.
If the hearing officer concludes the conditional medical releasee is unable to secure counsel by reason of indigency, the hearing officer shall then proceed to determine if the conditional medical releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the grounds for the denial shall be stated in the record.

(i) During a conditional medical release violation hearing, the hearing officer can entertain arguments of counsel or the conditional medical releasee. The hearing officer shall rule on such matters during the course of the hearing or elect to withhold ruling pending consultation with counsel or staff. Arguments of counsel of a legal nature must be reduced to writing, and, if possible, presented prior to the hearing.

(j) Based on evidence presented at the violation hearing, or received by stipulation, the hearing officer shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission. When the Commission finds that the conditional medical releasee has committed one or more violations, the Commission shall within a reasonable time enter an order revoking the conditional medical release, restoring the conditional medical releasee to supervision or such other order as deemed appropriate. Notification by copy of the Commission order shall be provided to the conditional medical releasee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.

(k) The hearing officer conducting the hearing can elect to receive information following the violation hearing if the conditional medical releasee stipulates to the receipt of such information and such stipulation is reflected in the record.

(l) Pursuant to the United States Supreme Court’s decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.

(m) When the Commission revokes conditional medical release for reasons of medical improvement, the conditional medical releasee shall be entitled to credit for time served on conditional medical release.

(n) When the Commission revokes conditional medical release, for reasons other than medical improvement, the conditional medical releasee shall be entitled to credit for time spent in custody prior to the violation hearing for all charges that appear on the warrant and/or notice of hearing. Time spent in another jurisdiction as a result of intervening sentence(s) shall be considered. Credit for time in custody shall be reflected in the order of revocation of conditional medical release.

(o) When the Commission revokes conditional medical release, the conditional medical releasee shall be scheduled for an evaluation by Commission staff to determine eligibility for parole or any other release program administered by the Commission.

History

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.141, 947.149 FS. History–New 1-5-94, Amended 4-20-94, 3-31-10, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-24.060 Conditional Medical Release Forms

History

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Repealed 3-31-10.

Chapter 23-25 ADDICTION RECOVERY SUPERVISION PROGRAM

Fla. Admin. Code R. 23-25.001 General

History

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03, Repealed 12-24-15.

Fla. Admin. Code R. 23-25.002 Definitions

(1) Chair – means the Chair of the Commission on Offender Review.

(2) Addiction Recovery Supervisor – means the person assigned to provide supervision for the Releasee.

(3) Commission – means the Commission on Offender Review.

(4) Controlled Substance – means a “controlled substance” as defined in Section 893.02, F.S.

(5) Conviction – means a “conviction” as defined in Section 921.0021, F.S.

(6) Department – means the Department of Corrections.

(7) Eligible Offender – means any offender who meets the criteria of Section 944.4731(2)(a), F.S.

(8) History of substance abuse or addiction – means:

(a) A score of 4 or more on the Department of Corrections Drug Simple Screening Instrument; or

(b) Two or more prior convictions for an offense for which an element of that offense relates to a controlled substance, alcohol, or drug paraphernalia, or

(c) One prior conviction for any offense for which an element of that offense relates to a controlled substance, alcohol, or drug paraphernalia and the current offense has as an element of the offense a controlled substance, alcohol or drug paraphernalia, or

(d) Acknowledgement by the offender that he or she has sought help for alcohol or substance abuse.

(9) Participated in any drug treatment – means prior community supervision drug treatment, prison drug treatment, or mandated or voluntary substance abuse treatment.

(10) Releasee – means an offender placed on addiction recovery supervision pursuant to Section 944.4731, F.S.

(11) Revocation – means the order of the Commission entered after a Releasee has been found to have violated one or more conditions of the addiction recovery supervision, and requires the Releasee’s return to prison to resume service of sentence.

(12) Standard Conditions of Supervision means conditions which will be required of every releasee as standard practice and procedure of the Commisison.

(13) Tentative Release Date – means the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain-time.

(14) Violation Hearing – means an administrative proceeding provided to a Releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine whether the Releasee has violated any condition(s) of his/her release.

(15) Warrant – means a document executed by any member of the Commission which will cause the arrest and detention of a Releasee pending further action by the Commission.

History

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03, Amended 3-31-10.

Fla. Admin. Code R. 23-25.003 Addiction Recovery Supervision Evaluation Procedure

Within 180 days prior to an Eligible Offender’s Tentative Release Date, a representative of the Department of Corrections will interview the offender and review the offender’s program participation, disciplinary record, psychological and medical records, release plan, court ordered payments and any other information pertinent to the pending release. The Department of Corrections will forward the results of said interview and review to the Commission. A panel of no fewer than two Commissioners shall review the results of the interview and review, and establish the term and conditions of such release.

History

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03.

Fla. Admin. Code R. 23-25.004 Addiction Recovery Supervision

(1) Prior to an Eligible Offender being released from incarceration, the Commission shall determine the term and conditions of supervision.

(2) If an Eligible Offender has received a term of probation or community control to be served after release from incarceration, the period of probation or community control shall not be substituted for addiction recovery supervision, but shall follow the term of addiction recovery supervision.

(3) If an Eligible Offender is subject to both conditional release supervision and addiction recovery supervision, the offender shall be subject to the type of supervision that will result in the longest term of supervision, taking into consideration any applicable term of probation. If the terms of supervision are equal, the offender shall be subject to addiction recovery supervision.

(4) The Commission will determine the term of addiction recovery supervision based on the amount of gain-time that the inmate received on sentences that are eligible for addiction recovery supervision, and will toll periods of supervision as necessary to achieve the maximum period of supervision.

(a) In cases involving concurrent sentences, the maximum supervision date will be based on the eligible sentence that has the greatest amount of gain-time.

(b) In cases involving consecutive sentences, the amount of gain-time from eligible sentences will be added together to obtain the maximum term of supervision.

(5) All Eligible Offenders placed on addiction recovery supervision shall be initially subject to Standard Conditions of Supervision upon their release from incarceration. In addition to the Standard Conditions of Supervision, Eligible Offenders shall be subject to such special conditions of supervision as the Commission deems necessary from its review of the record. The standard conditions of supervision shall include the following:

(a) Promptly upon being released on addiction recovery supervision, you will proceed to your planned place of residence identified on page one. You shall report in person to the probation and parole office located in ______ County, Florida, as instructed by the release officer, on _______ at ________. If no specific report date/time is given, you shall report within 72 hours of your release.

(b) You shall secure the permission of your Addiction Recovery Supervisor before:

You change your residence or employment,
You leave the county of your residence or the state,
You post bail or accept pretrial release if you are arrested for a felony.

(c) You shall submit a full and truthful report to your Addiction Recovery Supervisor each month in writing on the forms provided in person as directed by your Addiction Recovery Supervisor.

(d) You shall not:

Own, carry, possess, or have in your constructive possession a firearm or ammunition.
Use or possess alcohol or intoxicants of any kind.
Use or possess narcotics, drugs or marijuana unless prescribed by a physician.
Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

(e) You shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

(f) You shall secure the permission of your Addiction Recovery Supervisor before you own, carry, or have in your constructive possession a knife or any other weapon.

(g) You shall obey all laws, ordinances and statutory conditions of addiction recovery supervision.

(h) You shall:

Submit to a search by an Addiction Recovery Supervisor of your person, residence or automobile,
Waive extradition back to the state of Florida if you are wanted for return as an alleged addiction recovery supervision violator,
Permit your Addiction Recovery Supervisor to visit you at your residence, employment or elsewhere,
Promptly and truthfully answer all questions and follow instructions asked or given to you by your Addiction Recovery Supervisor or the Commission.

(i) You understand that you are to remain on addiction recovery supervision until released therefrom by expiration or by Commission order.

(j) During your addiction recovery supervision term, you shall submit to random testing as directed by your supervising officer or the professional staff of any treatment center or residential program where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S.

(k) During your addiction recovery supervision term, you shall submit and pay for urinalysis testing to identify alcohol and/or drug usage and understand that your failure to make such payment or participate as defined under this condition of your addiction recovery supervision will be considered grounds for revocation of addiction recovery supervision by the Commission on Offender Review.

(l) You shall pay any court ordered payments such as child support, restitution, or civil liens resulting from restitution orders.

(m) You shall participate and be supervised under the following special conditions of drug offender probation:

You will participate in a specialized drug treatment program, either as an in-patient or out patient, as recommended by the treatment provider. You will attend all counseling sessions, submit to random urinalysis and, if an in-patient, you will comply with all operating rules, regulations and procedures of the treatment facility. You will pay for all costs associated with treatment and testing unless otherwise directed.
You shall have a mandatory curfew where you shall be confined to your residence during the hours from 10:00 p.m. to 6:00 a.m., except for work/treatment purposes as authorized by your probation officer.

(n) You shall execute and present to your Addiction Recovery Supervisor all necessary authorizations to release records to your Addiction Recovery Supervisor and the Commission so that your progress and participation in required programs can be monitored and documented.

(o) If you are accepted into a substance-abuse-transition housing program, you shall comply with the terms and conditions of that program, including payment of fees to defray the cost of your participation.

(p) You must participate in Alcoholics Anonymous or Narcotics Anonymous and attend meetings as directed by your Addiction Recovery Supervisor.

(6) Offenders shall have no right to administrative review of the term and conditions of addiction recovery supervision as determined by the Commission.

(7) A panel of no fewer than two Commissioners has authority to cause a review of the progress of an addiction recovery releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of addiction recovery supervision. A panel of no fewer than two Commissioners shall discharge from addiction recovery supervision, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the addiction recovery releasee and of society. Such cases shall be docketed before the panel of Commissioners, if available, that initially set the terms and conditions of addiction recovery supervision.

(8) A panel of no fewer than two (2) Commissioners shall review the progress of each person who has been placed on addiction recovery supervision after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place an addiction recovery releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(9) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the addiction recovery supervisor.

(10) Such modification shall not impose new or different terms or conditions of addiction recovery supervision more restrictive than was stated in the original certificate.

History

Rulemaking Authority 944.4731, 947.07 FS. Law Implemented 944.4731, 947.141 FS. History-New 2-10-03, Amended 3-31-10, 2-12-13, 7-16-17.

Fla. Admin. Code R. 23-25.005 Revocation of Addiction Recovery Supervision

(1) Warrants.

(a) A warrant for the arrest of a Releasee shall only be executed by a Commissioner except in the case of an emergency warrant as provided in subsection (2), herein. The decision to issue a warrant shall be based on evidence which indicates reasonable grounds to believe a Releasee has violated a condition of addiction recovery supervision. The issuance of a warrant is discretionary.

(b) Warrant requests will be reviewed by Commission staff for sufficiency of information and if found sufficient, staff shall submit a warrant request to a Commissioner for review.

(c) The reviewing Commissioner will execute a warrant, deny the warrant request, or have the warrant request placed before a panel of no fewer than two Commissioners for a decision.

(d) A request for a warrant shall be denied only by a Commissioner or the Commission and the reasons for denial shall be provided to the requestor, except in the case of an emergency warrant.

(e) If staff submits a warrant request to a Commissioner for a review, the reviewing Commissioner shall execute the warrant, deny the warrant, or have the warrant request placed before a panel of no fewer than two (2) Commissioners for a decision. Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. Alleged violators of addiction recovery supervision will be entered into the Florida Crime Information Center and the National Crime Information Center, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(f) Should a warrant be issued and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause.

(2) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair, when the Commission receives notification from an arresting agency that a Releasee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the Releasee.

(b) The decision to issue an emergency warrant shall be based on evidence which indicates there are reasonable grounds to believe a Releasee violated the conditions of addiction recovery supervision.

(c) Should an emergency warrant be issued, Commission staff will transmit the warrant to the detaining agency for appropriate service or filing and enter information regarding the Releasee into the Florida Crime Information Center and National Crime Information Center, unless the Releasee is in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(3) Release on Recognizance.

(a) The Commission or a Commissioner may at any time during the violation process release a Releasee on recognizance. Such release will be conditioned upon the Releasee’s appearance at any hearings noticed by the Commission or until further order of the Commission and may include any other condition deemed warranted from the Commission’s review of the record.

(b) A review regarding release on recognizance for alleged addiction recovery supervision violators who are in custody shall be conducted before or at the time of the initial service of the notice of the Violation Hearing.

(c) The alleged violator must be informed that by accepting release on recognizance, he is waiving any and all time constraints related to the Violation Hearing.

(d) Any Releasee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of release on recognizance regarding the Commission warrant. Such hearing shall be held by a Commissioner or a duly authorized representative of the Commission, who shall provide the Commission with a written summary of the hearing, after which a panel of no fewer than two Commissioners shall make a decision and inform the Releasee. Should the Commission or an authorized representative receive reliable information that the Releasee has violated the conditions of the release on recognizance, a Commissioner can enter an order revoking the release on recognizance. Such order shall be sufficient to cause the arrest and return of the Releasee to custody.

(4) Addiction Recovery Supervision Violation Hearing.

(a) A Commissioner or a duly authorized representative of the Commission shall convene a Violation Hearing within 45 days after notification of the arrest in the State of Florida of a Releasee charged with violation(s), unless waived by the Releasee, or within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.

(b) The Releasee shall be informed, in writing, at least 14 days prior to the Violation Hearing of the date, time and location of the hearing. The notice of the hearing shall contain the charges of violation and a list of the Releasee’s rights, as follows:

The opportunity to be present for the Violation Hearing.
The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.
The opportunity to receive, prior to the Violation Hearing, the disclosure of evidence that will be presented at the Violation Hearing.
The opportunity to confront and cross-examine any adverse witness.
The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973).

A releasee serving a state sentence within the State of Florida may waive his or her final hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The Releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a Violation Hearing shall be convened after appropriate notice.
A releasee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the violation. Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the releasee has completed his or her sentence in the other jurisdiction and is returned to Florida. The releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the releasee is housed, and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a violation hearing shall be convened after appropriate notice.

(d) The Releasee may request that the Violation Hearing be postponed until such time as any pending criminal charges that are listed on the Commission’s warrant or notice of hearing have been resolved. The granting of a postponement on behalf of the Releasee shall toll the 45 day period until notification is received by the Commission that the pending criminal charges have been resolved or the Releasee elects to proceed with or waive the hearing. If there are also pending technical charges, the granting of the postponement also postpones disposition of the technical charges until such time as the criminal charges are resolved.

(e) The Releasee may request that the Violation Hearing be continued upon showing of good cause. The request for continuance may be submitted to the person conducting the hearing in writing prior to convening the hearing, provided that the reasons for the request are outlined with specificity. The granting of a continuance on behalf of the Releasee shall toll the 45 day period until the hearing is reconvened. If a Violation Hearing has been convened, such may be continued beyond 45 days on the motion of the Releasee, the Commission or duly authorized representative of the Commission, provided the record reflects a good cause for such continuance.

(f) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed/retained attorney raises competency issues, then evidence of mental competency/incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may either order that the violation process proceed, that the violation process be placed in abeyance, or such other order that it considers proper.

(g) Subpoenas and subpoenas duces tecum for the Releasee and the Commission shall be issued by a Commissioner or a duly authorized representative of the Commission on behalf of the State or the Releasee. The Commission, a Commissioner or a duly authorized representative of the Commission will decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or non-probative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.

(h) At the hearing, the Releasee may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the Releasee desire, retained counsel may represent the Releasee at the hearing. If the Releasee desires counsel and has not retained one, the following procedure shall apply:

The person conducting the hearing shall determine the Releasee’s financial ability to retain private counsel. When the person conducting the hearing determines a Releasee has the ability to retain private counsel, reasonable time shall be permitted for the Releasee to secure counsel, if the Releasee so desires.
If the person conducting the hearing concludes the Releasee is unable to secure counsel by reason of indigence, the person conducting the hearing shall then proceed to determine if the Releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the grounds for the denial shall be stated in the record.

(i) During the violation hearing, the releasee has a right to speak on his/her own behalf. The person conducting the hearing has authority to elect to rule on legal matters during the course of the violation hearing or may elect to withhold ruling pending consultation with counsel or staff.

(j) Based on evidence presented at the Violation Hearing, or received by stipulation, the person conducting the hearing shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission. When the Commission finds that the Releasee has committed one or more violations, the Commission shall enter an order revoking the addiction recovery supervision, restoring the Releasee to supervision or such an order as deemed appropriate. Notification by copy of the Commission order shall be provided to the Releasee. If the decision of the Commission is to revoke, the order entered shall contain the condition(s) that have been violated and the evidence relied upon.

(k) The person conducting the hearing has authority to elect to receive information following the Violation Hearing if the Releasee stipulates to the receipt of such information and such stipulation is reflected in the record.

(l) When a panel of no fewer than two Commissioners revokes addiction recovery supervision, the Releasee shall be entitled to credit for time spent in custody on all charges apprearing on the Commission’s warrant and/or notice of hearing prior to the violation hearing. Time spent in another jurisdiction as a result of intervening sentences shall be considered. Credit for time in custody as decided by the panel shall be reflected in the order of revocation of addiction recovery supervision.

(m) The Commission shall consider the credit for time served on addiction recovery supervision in each case. The actual award of such credit is discretionary with the Commission. Credit for time served on addiction recovery supervision shall be reflected in the Commission’s order.

History

Rulemaking Authority 944.4731, 947.07 FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03, Amended 3-31-10, 2-12-13, 7-16-17.

Division 23A Parole Commission Qualifications Committee

Chapter 23A-1 PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE

Fla. Admin. Code R. 23A-1.001 Definitions

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.01, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.002 Committee Description and Purpose

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.02, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.003 Procedures for Applications

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.03, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.004 Plan for Evaluation of Qualifications

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.04, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.005 Rulemaking

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.05, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.006 Notice of Meeting or Workshop

History

Rulemaking Authority 947.07 FS. Law Implemented 947.02 FS. History–New 1-16-84, Formerly 23A-1.06, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.007 Agenda of Meetings and Workshops

History

Rulemaking Authority 947.07 FS. Law Implemented 120.53, 947.02 FS. History–New 1-16-84, Formerly 23A-1.07, Amended 12-12-94, Repealed 6-2-13.

Fla. Admin. Code R. 23A-1.008 Emergency Meetings

History

Rulemaking Authority 947.07 FS. Law Implemented 120.53, 947.02 FS. History–New 1-16-84, Formerly 23A-1.08, Amended 12-12-94, Repealed 6-2-13.