Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.006 - Control Release Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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:
1. 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.
2. 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.