Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.009 - Disposition of Special Types of Cases Involving Control Release

Current through Reg. 50, No. 138; July 16, 2024
(1) Where a control release eligible sentence
				runs consecutive to or concurrent with a parole-eligible sentence, the
				Commission shall establish the CRD within 90 days following expiration of the
				parole-eligible sentence or within 90 days following parole to the
				control-release eligible sentence. When granted parole and upon subsequent
				completion of a control release eligible sentence or reaching the established
				CRD, the Commission shall reinterview the offender and consider any new
				information. Upon affirmative vote to authorize parole by a panel of no fewer
				than two Commissioners, the offender shall be released on parole, subject to
				any conditions imposed by the Commission. Upon a negative vote declining to
				authorize parole release, the Commission shall reinstate the offender's prior
				presumptive parole release date, which it shall either extend based upon any
				new information, not previously used in establishing or modifying the
				presumptive parole release date, or suspend the PPRD pursuant to Section
				  947.18, F.S.
(2) Where an inmate
				has a sentence which is both control release and conditional release eligible,
				a CRD will be established within 90 days following notification by the
				Department of Corrections of receipt of the inmate. If the inmate is not
				released by control release, he will be released pursuant to the conditional
				release program set forth in the F.S.
(3) A control release eligible inmate serving
				sentences in which the court has retained jurisdiction, shall have a
				non-advanceable CRD established within 90 days after notice of receipt from the
				Department. The non-advanceable control release date shall not be prior to the
				expiration of the retained jurisdiction portion of the sentence, unless
				otherwise recommended by the court.
(4) Inmates serving a mandatory minimum term
				of years shall be scheduled for a control release evaluation within 90 days
				following expiration of the mandatory portion of the sentence. If the mandatory
				term is the same length as the sentence imposed, no evaluation shall be
				required.
(5) Vacating the Control
				Release Date:
(a) Any crime committed prior to
				or during the inmate's incarceration, with an ensuing conviction and sentence,
				shall upon notice by the Department be considered as recently discovered
				information of past criminal conduct and placed on the docket for the
				Commission to take action, except where the new conviction causes the inmate to
				become statutorily ineligible. In such case, the CRD shall be vacated based on
				the ineligibility.
(b) Notification
				by the Department of the exiting of an inmate from the incarceration portion of
				his sentence, which shall include bond, escape, expiration of sentence or
				transfer to a mental health facility, shall vacate any established CRD. Any
				subsequent return to incarceration shall require another control release
				evaluation. However, any inmate with a maximum B non-advanceable CRD shall not
				have his CRD vacated based on transfer to a mental health facility.
(c) Where inmates have returned from courts
				outside of Florida's jurisdiction disposing of pending charges, information
				resulting from disposition of such cases shall be used as new information to
				determine inmate's eligibility, and if ineligible vacate the CRD, or to be
				placed on the docket for the Commission's review.
(d) Inmates who are eligible to refuse
				control release and choose to do so will have their CRD automatically vacated.
				Any inmate who refuses control release can upon request be re-reviewed one time
				for the establishment of a new CRD. If there have been no changes in the
				inmates eligibility status, a new CRD will be established within 90 days of
				receipt of the inmate's request. If the one time option for review is accepted
				and an inmate again refuses control release, there will be no subsequent review
				for the establishment of a new CRD.