Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.007 - Salient Factor Scoring

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