Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.004 - Commission Meetings and Victim Input

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				Commission meetings are open to the public. However, due to the nature of the
				various proceedings, the following procedures are followed relative to persons
				wishing to address the Commission. Persons requesting permission to speak
				concerning the setting or reviewing of an inmate's presumptive or effective
				parole release date, parole supervision review, or conditional medical release
				consideration must obtain prior written approval to do so from the Chair. Those
				request(s) should be sent to:
Chair
Florida Commission on Offender Review
4070 Esplanade Way
Tallahassee, Florida 32399-2450
ATTN: Request to Appear
Victims of the crime committed by the inmate, or a victim's
				 representative, shall be permitted to make an oral statement or submit a
				 written statement regarding their views as to the granting, denying, or
				 revoking of parole.
(2) A
				victim, relative of a minor who is a victim, relative of a homicide victim,
				victim representative or victim advocate (hereinafter referred to as victims)
				shall receive advance notification any time a parole case is placed on the
				docket for Commission action regarding that inmate. Victims shall be notified
				at the most current address available to the agency.
(3) Victims of the crime committed by the
				inmate, or a victim's representative, shall be permitted to make an oral
				statement or submit a written statement regarding their views as to the
				granting, denying, or revoking of parole.
(4) Victims addressing the Commission
				regarding a particular inmate or parolee are allowed a reasonable time as
				designated by the Chair to make a presentation to the Commission at a
				Commission meeting. Other interested parties may also speak on behalf of
				victims since Commission meetings are public meetings.
(5) Victims are permitted to read from a
				prepared text or speak with the use of notes. Any prepared text can be entered
				into the inmate's record following the victim's oral presentation. Victims will
				be allowed to use photographs and other aids in making a presentation. Victims
				who prefer shall be permitted to play a tape or present a video presentation in
				lieu of or in addition to a personal presentation, provided the total does not
				exceed the allotted time.
(6) All
				materials submitted by victims to the Commission will be included in the inmate
				file and shall be stamped confidential and excluded under the public records
				law.
(7) Victims who choose not to
				appear at meetings or make a written statement, but wish only to be notified of
				the action taken by the Commission, will be notified of such action at a
				reasonable time after the meeting.
(8) Victims who appear at a meeting or submit
				a written statement will be notified of action taken by the Commission at the
				meeting or within a reasonable period of time after the meeting.
(9) Victims who provide written or verbal
				testimony at the Commission meeting shall be advised that any information
				submitted at Commission meetings shall become public record.
(10) Capturing of images or audio through any
				means, including cell phones, of the Commission meetings is prohibited without
				specific, express, written permission of the Chair after a determination by the
				Chair that it would serve public interest and protect public safety. Such
				permission must be requested at least seven (7) days prior to the Commission
				meeting.
(11) When, as a result of
				a visitor presentation, a panel of Commissioners requests additional
				information be secured and returned to the Commission for review, upon receipt,
				the new information shall be placed on the docket for consideration by the
				panel of Commissioners which requested it.
(12) No testimony will be allowed at
				Commission meetings regarding revocations unless stipulated on the record at
				the time the final revocation hearing is conducted and with the prior written
				approval of the Chair. The Chair must determine that such testimony will serve
				the public interest and protect public safety. The public is welcome to attend
				and observe the meetings.
(13) In
				that the inmate may not be present at Commission meetings, no testimony will be
				allowed at those meetings regarding rescission matters, unless stipulated on
				the record at the time of the rescission hearing and with the prior written
				approval of the Chair. The Chair must determine that such testimony will serve
				the public interest and protect public safety. The public is welcome to attend
				and observe the meetings.
Rulemaking Authority  947.06,  947.07 FS. Law Implemented
					  947.06,  947.149,  947.16,  947.172,  947.174,  947.173 FS.
New 9-10-81, Formerly 23-21.04, Amended 1-26-93, 1-5-94,
					 8-16-94, 8-17-06, 2-12-13.