Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.008 - Control Release Evaluation Procedure

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