Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.010 - Conditional Release Supervision

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to an
				inmate being released by conditional release, the Commission shall determine
				the terms and conditions of supervision.
(2) If an inmate has received a term of
				probation or community control supervision to be served after release from
				incarceration, and his/her offense was committed prior to July 1, 2001, he/she
				is not eligible for conditional release supervision. If the offense was
				committed on or after July 1, 2001, then conditional release supervision will
				defer to and run concurrent with the term of probation or community control
				supervision. Upon expiration of the court imposed supervision, the offender
				will be subject to the conditions of conditional release supervision until the
				maximum period of conditional release supervision expires.
(3) An inmate who has been convicted of a
				violation of Chapter 794, F.S., or is found by the court to be a sexual
				predator in accordance with Florida Statute is subject to the maximum level of
				supervision provided, and that supervision shall continue through the end of
				the releasee's original court-imposed sentence. The length of supervision must
				not exceed the maximum penalty imposed by the court.
(4) An inmate who is subject to conditional
				release supervision shall not be subject to provisional release
				supervision.
(5) All persons placed
				solely on conditional release supervision shall initially be subject to the
				standard conditions of conditional release upon their release from
				incarceration.
(a) The standard conditions of
				conditional release shall be the following:
1.
				Promptly upon being released on Conditional Release, you will proceed to your
				planned place of residence identified on page one. You shall report in person
				to the probation and parole office in________ County, Florida, as instructed by
				the release officer, on ________ at ________. If no specific report date/time
				is given, you shall report within 72 hours of your release.
2. You shall secure the permission of your
				Conditional Release Supervisor before:
a. You
				change your residence or employment,
b. You leave the county of your residence or
				the state,
c. You post bail or
				accept pretrial release if you are arrested for a felony.
3. You shall submit a full and truthful
				report to your Conditional Release Supervisor each month in writing on the
				forms provided in person, as directed by your Conditional Release
				Supervisor.
4. You shall not:
a. Own, carry, possess, or have in your
				constructive possession a firearm or ammunition.
b. Use or possess alcohol or intoxicants of
				any kind.
c. Use or possess
				narcotics, drugs, or marijuana unless prescribed by a physician.
d. Enter any business establishment whose
				primary purpose is the sale/consumption of alcoholic
				beverages.
5. You shall
				not knowingly associate with any person(s) who is engaging in any criminal
				activity, a criminal gang member, or person(s) associated with criminal gang
				members.
6. You shall secure the
				permission of your Conditional Release Supervisor before you own, carry or have
				in your constructive possession a knife or any other weapon.
7. You shall obey all laws, ordinances and
				statutory conditions of conditional release.
8. You shall:
a. Submit to reasonable search by a
				Conditional Release Supervisor, of your person, residence or automobile,
b. Waive extradition to the State
				of Florida if you are wanted for return as an alleged conditional release
				violator,
c. Permit your
				Conditional Release Supervisor to visit you at your residence, employment or
				elsewhere,
d. Promptly and
				truthfully answer all questions and follow instructions asked or given to you
				by your Conditional Release Supervisor or the Commission.
9. You understand that you are to remain on
				conditional release until released therefrom by expiration or by Commission
				order.
10. During your conditional
				release term, you shall submit to random testing as directed by your
				supervising officer or the professional staff of any treatment center where
				treatment is being received to determine the presence or use of alcohol or
				controlled substances pursuant to Section 877.111 or Chapter 893,
				F.S.
11. During your conditional
				release term, you shall submit and pay for urinalysis testing to identify drug
				usage and understand that your failure to make such payment or participate as
				defined under this condition of your conditional release will be considered
				grounds for revocation of conditional release by the Commission on Offender
				Review.
12. I agree to pay any
				court ordered payments such as child support, restitution, or civil liens
				resulting from restitution orders.
13. You shall execute and provide
				authorizations to release records to your Conditional Release Supervisor and
				the Commission so that your progress and participation in required programs can
				be monitored and documented.