Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.015 - Effective Parole Release Date Interview Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Within ninety (90) days before the effective parole release date interview, the
				Commission shall send written notice to the sentencing judge of any inmate who
				has been scheduled for an effective parole release date interview. If the
				sentencing judge is no longer serving, the notice must be sent to the chief
				judge of the circuit in which the offender was sentenced. The chief judge can
				designate any circuit judge within the circuit to act in place of the
				sentencing judge. Within thirty (30) days after receipt of the Commission's
				notice, the sentencing judge or the designee shall send to the Commission
				notice of objection to parole release, if the judge objects to such release. If
				there is objection by the judge such objection may constitute good cause in
				exceptional circumstances as described in section   947.173, F.S., and the
				Commission can schedule a subsequent interview per rule   23-21.013, F.A.C.,
				extending the presumptive parole release date beyond that time. The same
				procedure will be followed with any subsequent review outlined herein. If the
				judge remains silent with respect to parole release, the Commission can
				authorize an effective parole release date. This procedure applies if the
				Commission desires to consider the establishment of an effective release date
				without delivery of the effective parole release date interview. Notice of the
				effective release date must be sent to the sentencing judge and either the
				judge's response to the notice must be received or the time period allowed for
				such response must have lapsed before the Commission can authorize an effective
				release date. Within ninety (90) days before an inmate's presumptive parole
				release date, the Commission shall direct a Commission Investigator to
				interview the inmate for purposes of making a recommendation to the Commission
				on whether or not to authorize an effective parole release date and to
				establish a parole release plan.
(2) The Commission Investigator shall
				interview the inmate and discuss the inmate's institutional conduct. The
				Commission Investigator shall request the inmate present his parole release
				plan but shall not comment on the acceptability or suitability of that plan. If
				the inmate has no plan, the Commission Investigator shall inform the inmate
				that the absence of a satisfactory parole release plan may cause the Commission
				to extend the effective parole release date up to one year until a satisfactory
				parole release plan has been developed. At the close of the effective parole
				release date interview, the inmate shall be orally informed of the
				investigator's final recommendation and shall be requested to sign an
				acknowledgment of presence at the effective parole release date
				interview.
(3) 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.
(4) 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.
(5)
				Extension of presumptive parole release date: The pending prosecution of a
				criminal offense in a Florida Court, supported by information or indictment,
				alleged to have occurred during the service of the present sentence, may result
				in the extending of a presumptive or effective parole release date until
				resolution of the pending prosecution. The Commission shall, upon notice that
				the pending prosecution is completed, schedule the inmate for an
				interview.
(6) The Commission
				Investigator shall reduce the recommendation regarding the inmate's
				institutional conduct to writing and forward the recommendation to the
				Commission. The Commission Investigator shall inform the Commission if, at the
				effective parole release date interview, new information, either favorable or
				detrimental, was discovered which might affect the presumptive parole release
				date. The Commission Investigator shall forward the inmate's release plan to
				the Commission.
(7) Within thirty
				(30) days after receipt of the inmate's parole release plan at the Commission
				headquarters, the full Commission shall determine whether to authorize the
				effective parole release date. The inmate must be notified of the decision in
				writing within thirty (30) days after the decision of the Commission.
(8) If the full Commission finds that the
				inmate's parole release plan is unsatisfactory, this finding can constitute new
				information and good cause in exceptional circumstances as described in section
				  947.173, F.S., under which the Commission can extend a presumptive parole
				release date for not more than one year. The Commission can review any
				subsequently proposed parole release plan at any time.
(9) The decision whether to authorize an
				effective parole release date requires a two-part analysis. In Part I the
				Commission shall determine whether new information has been gathered which
				requires modification of the presumptive parole release date. Should the
				Commission decide to modify the presumptive parole release date it shall enter
				a written order extending the presumptive parole release date. Additionally,
				the order shall state, with particularity, the reason or reasons for extending
				the presumptive parole release date and shall inform the inmate of the date
				scheduled for his next interview.
(10) Where the Commission does not modify the
				presumptive parole release date during Part I of the effective review process,
				it shall proceed to Part II of the effective parole release date review. During
				this portion of the review, the Commission shall determine whether the inmate
				meets the criteria for parole release under the provisions of section   947.18,
				F.S. This determination is to be based upon a review of the entire official
				record in the inmate's case. If the inmate is found to meet the criteria for
				parole release, an effective parole release date should be authorized. If the
				inmate is found to be ineligible for parole release, however, the Commission
				shall enter an order declining to authorize the effective parole release date
				and referring the case to the Commission for extraordinary review.
(11) If the Commission establishes an
				effective parole release date, the Commission shall reduce the term and
				conditions of the inmate's parole to writing and inform the inmate of those
				conditions and term.
(12) In
				establishing the term of parole, the Commission shall examine the inmate's
				sentence structure for the purpose of determining the existence of consecutive
				sentences. If it is discovered that consecutive sentences exist, the parole
				term shall be established for the maximum of the total sentence structure. In
				all cases, if the term of parole exceeds two years the Commission shall advise
				the parolee in writing of the reasons for the extended term.
(13) When new information is received by the
				Commission subsequent to the grant of parole, to include an unsatisfactory
				release plan, unsatisfactory institutional conduct, or any other new
				information previously not available to the Commission at the time of the
				effective parole release date interview that would impact the Commission's
				decision to grant parole, the effective parole release date may be postponed by
				any Commissioner as provided in rule   23-21.019, F.A.C.
(14) If an inmate refuses parole, the
				Commission shall nullify the grant of parole and the presumptive parole release
				date may be extended up to the maximum release date. The Commission shall
				continue to interview the inmate per rule   23-21.013, F.A.C. Should an inmate
				waive his effective interview or at the time of the effective interview the
				inmate indicates his unwillingness to accept parole, the presumptive parole
				release date may be extended up to his maximum release date. The Commission
				shall continue to interview the inmate per rule   23-21.013,
				F.A.C.
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.1745,  947.24 FS.
New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15,
					 Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-3-14,
					 9-10-18.