Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.017 - Review of Term and Conditions of Parole

Current through Reg. 50, No. 138; July 16, 2024
(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.
(c) Annual Reporting - One personal contact
				required every twelve months.