Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.007 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(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.