Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.013 - Subsequent Interview Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission shall schedule a subsequent interview for every eligible inmate as
				required by Section   947.174, F.S.
(2) The Commission investigator shall review
				the inmate's institutional file to determine if there is new information since
				the previous interview. New information shall include new court actions;
				successful appeals of court actions; prison progress reports; disciplinary
				reports; psychological or psychiatric reports; gain-time and extra gain-time
				awards; vocational training or treatment programs successfully completed, in
				progress or abandoned; educational accomplishments or abandonments; work
				release or terminations of work release; pardons, sentence commutations, or
				expunctions of record, and any other aggravating or mitigating factors which
				were not included in the institutional file at the time of the previous
				interview.
(3) Vacation of
				presumptive or effective parole release date: 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 presumptive parole release date. Any subsequent return to
				incarceration shall require an initial interview to establish a presumptive
				parole release date. Provided, however, inmates returning to court for
				modification of a previously imposed sentence or as witnesses shall not have
				their presumptive parole release dates vacated. Inmates returning to courts
				outside of Florida's jurisdiction, i.e., Federal or other state, shall not have
				their presumptive parole release dates vacated. However, information resulting
				from disposition of cases in court may be used as new information in accordance
				with applicable law and these rules. Inmates transferred to a Mentally
				Disordered Sexual Offender Program shall not have their presumptive parole
				release dates vacated.
(4) The
				Commission investigator shall discuss the information with the inmate and any
				Departmental representative. The Department's Representative will be contacted
				and allowed to provide the Department's recommendation directly to the
				Commission investigator. The inmate will also be allowed to provide the
				Commission investigator comments or may ask the investigator to attach
				material(s) which the inmate wants the Commission to consider. The Commission
				investigator shall request the inmate sign an acknowledgment that the inmate
				was present during the subsequent interview and the investigator shall inform
				the inmate orally of the investigator's final recommendation. The Commission
				investigator shall reduce the recommendation to writing and send it to the
				Chair within 10 days of the interview.
(5) For inmates serving parole-eligible
				sentences imposed by a court of this state and housed in a facility outside
				Florida, the Commission shall request, through the Department of Corrections'
				Interstate Compact Office, an inmate progress report and any additional
				information the Commission needs from the other state. The Department of
				Corrections shall forward the Commission's Inmate Input Form to the other state
				for the inmate to provide comments to the Commission. The inmate may include
				material(s) which the inmate wants the Commission to consider. The Commission
				investigator shall reduce the recommendation to writing and send it to the
				Chair within 10 days of receipt of the out-of-state materials. The Inmate Input
				Form, FPC IC-001, effective August 17, 2006, adopted and incorporated by
				reference
https://www.flrules.org/Gateway/Reference.asp?No=Ref-03646
,
				may be obtained by contacting the Florida Commission on Offender Review, Office
				of the Commission Clerk, 4070 Esplanade Way, Tallahassee, Florida 32399-2450,
				(850) 488-1293.
(6) Within ninety
				days following the subsequent interview or receipt of the out-of-state
				materials, the quorum shall reach a decision on each recommendation made by the
				Commission investigator and notify the inmate of the decision. Based upon
				competent and persuasive evidence, the quorum may accept or reject the
				Commission investigator's recommendation and may independently determine
				whether or not information has been gathered which affects the inmate's
				presumptive parole date. The Commissioners shall each identify the reasons for
				rejecting a Commission investigator recommendation to modify. The Commissioners
				shall also each identify the reasons for any final determinations modifying the
				presumptive parole release date.
(7) Inmates may waive a subsequent interview
				by preparing a written statement or by appearing before the Commission
				investigator and announcing the waiver in person. If an inmate waives his
				subsequent interview the Commission investigator will review the contents of
				the institutional file and will formulate a recommendation based on the factors
				that could have been considered in the conduct of the subsequent
				interview.
Rulemaking Authority  947.07,  947.174 FS. Law Implemented
					  947.174 FS.
New 9-10-81, Amended 8-1-83, Formerly 23-21.13, Amended
					 1-26-93, 1-5-94, 8-17-06, 2-12-13,
					 2-3-14.