reglab/statecodes huggingface dataset:
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.019 - Parole Postponement and Rescission

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Postponement: Any Commissioner has authority to postpone any inmate's effective
				parole release date 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.
(a) For inmates convicted on or before April
				19, 1982, their release date may be postponed for 30 days. On or before the
				31st day, the Commission shall either parole the inmate or cause a Commission
				investigator to conduct a rescission hearing on the matter of the
				infraction(s), new information, acts or unsatisfactory release plan, as
				charged.
(b) For inmates convicted
				on or after April 20, 1982, their release date may be postponed for 60 days. On
				or before the 61st day, the Commission shall either parole the inmate or cause
				a Commission investigator to conduct a rescission hearing on the matter of the
				infraction(s), new information, acts or unsatisfactory release plan, as
				charged.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.020 - Early Termination of Parole

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission may terminate the period of parole at any time it is satisfied
				jurisdiction has been retained for sufficient length of time to evidence
				satisfactory rehabilitation. The Department of Corrections may request early
				termination of parole by written recommendation to the Commission to include a
				report from the supervising officer evidencing the justification for the
				recommendation and the counter-signature endorsing the recommendation by the
				parole officer's supervisor which recommendation will be considered by the
				Commission.
(2) The Commission
				shall be notified and must concur in authorizing any Florida parolee to
				permanently relocate where supervision under the Interstate Compact is
				unavailable. The Chair or his designee may authorize temporary absences for
				vacation and visits to locales where Interstate Compact supervision is
				unavailable.
Rulemaking Authority  947.07 FS. Law Implemented  947.13,
					  947.24 FS.
New 9-10-81, Amended 10-1-82, Formerly 23-21.20, Amended
					 1-26-93, 1-5-94, 8-17-06.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.021 - Warrant and Arrest

Current through Reg. 50, No. 138; July 16, 2024
(1) A warrant for the arrest of a parolee
				shall be issued only by a member of the Commission. The decision to issue a
				warrant shall be based on evidence which indicates there may be probable cause
				or reasonable grounds to believe a parolee has violated the conditions of the
				parole. The issuance of a warrant is discretionary and will depend on the facts
				of the individual case.
(2) Warrant
				requests will be reviewed by Commission staff for sufficiency of information,
				and if found sufficient, staff will submit the warrant request to a
				Commissioner for a decision on the warrant request.
(3) Should a reviewing Commissioner elect, a
				warrant request may be submitted to the Commission for a decision.
(4) Should a warrant be issued, such will be
				transmitted to the requesting agency for appropriate service or filing. The
				warrant information will be entered into the Florida Crime Information Center
				and National Crime Information Center databases, unless the alleged parole
				violator is in custody in Florida. The Commission has the authority to pursue
				extradition of alleged violators from other jurisdictions.
(5) Should a warrant be issued, and a
				dismissal of the warrant is requested, the signing Commissioner or Chair is
				authorized to dismiss the warrant for good cause or a Commissioner may docket
				the warrant dismissal request for consideration by the full
				Commission.
(6) Emergency Warrants.
(a) An emergency warrant can be issued by a
				Commissioner or any Commission representative duly authorized by the Chair when
				the Commission receives notification from an arresting agency that a parolee
				has been arrested and charged with a new felony offense and there is no
				outstanding Commission warrant for the parolee.
(b) If the Commission believes that the
				parolee may present a danger to the public, the decision to issue an emergency
				warrant shall be based on evidence which indicates reasonable grounds to
				believe a parolee violated the conditions of parole.
(c) Should an emergency warrant be issued,
				such will be transmitted to the detaining agency for appropriate service or
				filing. Alleged violators of parole will be entered into the Florida Crime
				Information Center and National Crime Information Center, unless in custody in
				Florida. The Commission has authority to pursue extradition of alleged
				violators from other jurisdictions.
(d) Should an emergency warrant be issued and
				a dismissal of the emergency warrant is requested, only the signing
				Commissioner or the Chair is authorized to dismiss the warrant if the
				Commissioner no longer believes that the parolee presents a danger to the
				public.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.022 - Revocation of Parole; Preliminary Hearings; Final Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) Preliminary Hearing. Within 30 days of
				service of the Commission's warrant in this State, an alleged parole violator
				will be provided a preliminary hearing. The purpose of the preliminary hearing
				is to determine if there is probable cause that a violation of parole has
				occurred.
(2) Prior to the
				preliminary hearing, an interview with the alleged violator will be held at
				which time an explanation of all rights and procedures will be afforded. The
				interview and preliminary hearing can be held by a Commission representative,
				such as a Commission investigator, provided such representative is neutral and
				detached.
(3) The preliminary
				hearing will be held in or near the community where the violation is alleged to
				have occurred or where the parolee has been taken into custody on the
				Commission's warrant.
(4) For the
				preliminary hearing, the parolee shall be afforded the following rights:
(a) The opportunity to be present at the
				hearing and to present evidence in the parolee's own behalf including the
				securing of witnesses and evidence by subpoena.
(b) The opportunity to have disclosed the
				evidence which shall be presented at the hearing.
(c) The opportunity to confront and
				cross-examine witnesses who may give adverse testimony.
(d) The opportunity to be represented by
				counsel provided by the parolee's own initiative or by appointed counsel should
				the parolee qualify for such appointment as set forth in the guidelines
				enunciated in
Gagnon v. Scarpelli,
411 U.S.
				778.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.007 - Victim Input

Current through Reg. 50, No. 138; July 16, 2024
(1) 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 control release 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.
(2)
				Victims of any crime committed by an inmate shall be permitted to appear and
				speak only upon the prior written approval of the Chair of the Commission, or
				victims can submit a written statement regarding their views.
(3) Victims addressing the Commission
				regarding a particular inmate 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.
(4)
				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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
Rulemaking Authority  947.146(6)(i),  947.07,  947.20,  119.07,
					  947.135 FS. Law Implemented  947.146 FS.
New 9-1-90, Amended 1-5-94, 8-16-94,
					 2-12-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.010 - Advancing or Extending Control Release Dates

Current through Reg. 50, No. 138; July 16, 2024
(1) The power
				and duty to extend or advance an inmate's CRD shall be by a panel of no fewer
				than two members of the Commission.
(2) Recently discovered information of past
				criminal conduct shall include information relating to prior criminal behavior
				which was not known by the Commission but could have been used for the purpose
				of establishing the salient factor score or aggravation or mitigation at the
				time of the initial scoring.
(3)
				Recommendations of the Department to the Commission regarding the inmate's
				institutional adjustment constitute grounds on which the Commission shall
				extend, advance or retain an inmate's CRD.
(4) Early release from incarceration through
				control release is not a right of the inmate, as it is solely an administrative
				function designed to manage the state prison population within lawful capacity.
				Any reduction of the inmate population below 99% of lawful prison capacity may
				result in the Commission extending all control release dates in such a manner
				that no release will be occasioned by control release. At such time as
				determined by the Commission, based upon a subsequent increase in the prison
				population, those dates in the advanceable pools will be advanced.
(5) An inmate can receive an advancement of
				his CRD by the application of award allotments if he has been designated by the
				Commission as CRD advanceable and has a disciplinary free record for the month
				previous to the award and a disciplinary free record for the month of award up
				to the time of advancement. Additionally, to receive an advancement, an inmate
				must not have a Commission docket action pending at the time of the
				award.
(6) Postponement of a CRD by
				a Commissioner shall be reviewed by a panel of no fewer than two
				Commissioners.
Rulemaking Authority  947.146(6)(i),  947.07,  947.20 FS. Law
					 Implemented  947.146 FS.
New 9-1-90, Amended 1-5-94, 8-16-94,
					 2-12-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.011 - Notice of Release by Control Release (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07,  947.146(7)(h),  947.20 FS. Law
					 Implemented  947.146 FS.
New 9-1-90, Repealed
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.012 - Review of Control Release Dates

Current through Reg. 50, No. 138; July 16, 2024
(1) Inmates
				shall have no right of review for control release dates as established by the
				Commission.
(2) The Commission or
				the Chair can direct the review of any category of established CRDs based on
				the lawful prison capacity.
(3) Any
				inmate whose CRD is in the maximum category shall have his control release date
				reviewed at least every 5 years following the Commission's latest consideration
				of the CRD.
Rulemaking Authority  947.146(6)(i),  947.07,  947.20 FS. Law
					 Implemented  947.146 FS.
New 9-1-90, Amended 1-5-94,
					 8-16-94.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.013 - Control Release Supervision

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to an
				inmate being released by control release, the Commission shall determine
				whether there is to be a period of supervision. If there is supervision, the
				length of supervision shall be determined as follows:
(a) If the inmate is serving a single or
				concurrent sentence, the period of time the person shall be on control release
				supervision shall be the time specified by the control release matrix grid.
				However, the Commission has the authority to designate no supervision or a
				shorter period of time in which event it will record reasons for the
				alternative period of supervision. The total of time served and period of
				supervision shall not exceed the length of the court imposed
				sentence(s).
(b) If the inmate is
				serving a consecutive sentence or sentences and the Commission requires
				supervision, the period of time the inmate shall be on control release
				supervision shall be for the balance of the court imposed
				sentence(s).
(c) If the inmate has
				a conditional release eligible component contained within his cumulative
				sentence structure, the period of time the inmate shall be on control release
				supervision shall be for the balance of the court imposed
				sentence(s).
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.014 - Revocation of Control Release

Current through Reg. 50, No. 138; July 16, 2024
(1) Warrants.
(a) A warrant for the arrest of a control
				releasee shall be executed only by a Commissioner except in the case of an
				emergency warrant as provided in subsection (2), herein. The decision to issue
				a warrant shall be based on evidence which indicates reasonable grounds to
				believe a releasee has violated the conditions of control release. The issuance
				of a warrant is discretionary.
(b)
				All warrant requests will be reviewed by staff for sufficiency of information
				and if found sufficient, staff shall submit the warrant to a Commissioner or
				Commissioners for a decision.
(c)
				If staff submits a warrant request to a Commissioner for a review, the
				reviewing Commissioner shall execute the warrant, deny the warrant, or have the
				warrant request placed before a panel of no fewer than two (2) Commissioners
				for a decision.
(d) A request for a
				warrant shall be denied only by a Commissioner or Commissioners and the reasons
				for the denial shall be provided to the requester, except in the case of an
				emergency warrant.
(e) Should a
				warrant be issued, such will be transmitted to the requesting agency for
				appropriate service or filing. Alleged violators of control release will be
				entered into the Florida Crime Information Center and National Crime
				Information Center databases, unless in custody. The Commission has authority
				to pursue extradition of alleged violators from other jurisdictions.
(f) Should a warrant be issued and a
				dismissal of the warrant is requested, the signing Commissioner or Chair is
				authorized to dismiss the warrant for good cause.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-22 - CONTROL RELEASE › Section 23-22.015 - Control Release Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.146(6)(i),  947.07,  947.20 FS. Law
					 Implemented  947.141,  947.146 FS.
New 9-1-90, Amended 8-24-92, 1-5-94, Repealed
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.006 - Conditional Release Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Chair - is
				the Chair of the Florida Commission on Offender Review.
(2) Conditional Release - means the release
				of any offender eligible under Section   947.1405(2), F.S.
(3) Conditional Releasee - means an inmate
				placed on conditional release supervision.
(4) Conditional Release Date - means the date
				an inmate is placed on conditional release supervision.
(5) Conditional Release Officer - means the
				person assigned to provide supervision for the conditional releasee.
(6) Conditional Release Voting Panel - means
				a panel of no fewer than two Commissioners, empowered to set, modify or
				terminate terms and conditions of supervision for inmates serving conditional
				release eligible sentences.
(7)
				Early Termination of Conditional Release Supervision - means a Commission
				Action discharging a conditional releasee from the terms and conditions of
				conditional release prior to the established expiration date of conditional
				release supervision.
(8) Habitual
				Offender - means an inmate the court has found and sentenced as a habitual
				offender pursuant to Florida Statutes.
(9) Habitual Violent Felony Offender - means
				an inmate the court has found and sentenced as a habitual violent felony
				offender pursuant to Florida Statutes.
(10) Commission Investigator - for purposes
				of these rules, means an employee of the Florida Commission on Offender Review
				who performs the following conditional release functions:
(a) Conducts violation hearings and makes
				findings of fact and recommendations to the Commission;
(b) Performs other related duties as assigned
				by the Chair.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.007 - Victim Information

Current through Reg. 50, No. 138; July 16, 2024
The Commission shall provide the opportunity to victims to
				 have input into the Commission decisions:
(1) A victim, relative of a minor who is a
				victim, a homicide victim representative or advocate (hereinafter referred to
				as victims) shall be permitted to submit a prepared text, letters, notes or
				other written information to be available at Commission meetings. They shall be
				included in the inmate file and shall be stamped confidential and excluded from
				file review under the public records law.
(2) Victims who wish to be notified of the
				actions taken by the Commission, will be notified of such action at a
				reasonable time after the meeting.
Rulemaking Authority  947.06,  947.07,  947.20 FS. Law
					 Implemented  947.1405,  947.141 FS.
New 10-20-91, Amended 1-5-94, 3-31-10,
					 2-12-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.008 - Conditional Release Evaluation Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 180
				days prior to an inmate's Tentative Release Date or Provisional Release Date
				whichever is earlier, as established by the Department of Corrections, the
				Department shall review the inmate's program participation, disciplinary
				record, psychological and medical records, and any other information pertinent
				to the pending release. The Department shall interview the inmate for
				conditional release and shall request the inmate to present his/her conditional
				release plan. The Department shall gather and compile information necessary for
				the Commission to make the determinations set forth in Sections   947.1405(3) and
				(5), F.S.
(2) Within 60 days from
				the receipt of the interview by the Department completed under subsection (1),
				a panel of no fewer than two Commissioners shall review the recommendations of
				the Department, and such other information as it deems relevant, and conduct a
				review of the inmate's record for the purpose of establishing the terms and
				conditions of the conditional release. The Commission imposes any special
				conditions it considers warranted.
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.1405 FS.
New 10-20-91, Amended 8-18-98,
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.009 - Notice of Release by Conditional Release (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.1405 FS.
New 10-20-91, Repealed
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.011 - Revocation of Conditional Release

Current through Reg. 50, No. 138; July 16, 2024
(1) Warrants.
(a) A warrant for the arrest of a conditional
				releasee shall be executed only by a Commissioner, except in the case of an
				emergency warrant as provided in subsection (2), herein. The decision to issue
				a warrant shall be based on evidence which indicates reasonable grounds to
				believe a releasee has violated a condition of conditional release. The
				issuance of a warrant is discretionary, except in the case of a sexual
				predator, the warrant is not discretionary and must be issued, pursuant to
				Section   947.141(1), F.S., provided reasonable grounds exist that a violation
				has occurred.
(b) All warrant
				requests will be reviewed by staff for sufficiency of information and if found
				sufficient, staff shall submit the warrant request to a Commissioner for a
				decision regarding issuance of a warrant.
(c) If staff submits a warrant request to a
				Commissioner for a review, the reviewing Commissioner will elect to execute the
				warrant, deny the warrant, or to have the warrant request placed before a panel
				of no fewer than two (2) Commissioners for a decision.
(d) A request for a warrant shall be denied
				only by a Commissioner or Commissioners and the reasons for the denial shall be
				provided to the requester.
(e)
				Should a warrant be issued, such will be transmitted to the requesting agency
				for appropriate service or filing. Alleged violators of conditional release
				will be entered into the Florida Crime Information Center and National Crime
				Information Center databases, unless in custody. The Commission has authority
				to pursue extradition of alleged violators from other jurisdictions.
(f) Should a warrant be issued, and a
				dismissal of the warrant is requested, the signing Commissioner or Chair is
				authorized to dismiss the warrant for good cause or have the dismissal request
				placed on the docket before a panel of no fewer than two (2) Commissioners for
				a decision.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-23 - CONDITIONAL RELEASE PROGRAM › Section 23-23.012 - Conditional Release Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.1405,  947.141 FS.
New 10-20-91, Amended 1-5-94, Repealed
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.010 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53,  947.06,
					  947.07,  947.149 FS. Law Implemented  947.149 FS.
New 1-5-94, Repealed
					 6-1-98.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.015 - Notice of Meetings, Workshops and Proposed Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53,  947.06,
					  947.07,  947.149 FS. Law Implemented  947.149 FS.
New 1-5-94, Amended 8-16-94, Repealed
					 6-1-98.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.020 - Conditional Medical Release Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department of Corrections shall identify and refer inmates who they have
				determined to be "permanently incapacitated" or "terminally ill", to be
				considered for conditional medical release by the Commission. Inmates under
				sentence of death are ineligible. To constitute a referral from the Department
				of Corrections information provided to the Commission shall include the
				following:
(a) Clinical Report. Complete
				medical information justifying classification of the inmate as "permanently
				incapacitated" or "terminally ill" as defined in Florida Statutes.
(b) Verifiable release plan, to include
				necessary medical care and attention.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.025 - Victim Input into Commission Decisions

Current through Reg. 50, No. 138; July 16, 2024
(1) 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 conditional medical release case is
				placed on the docket for Commission action regarding that inmate or conditional
				medical releasee. Victims shall be notified at the address found in the police
				report or other criminal report or at a more current address if such has been
				provided to the agency.
(2) 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 conditional medical
				release.
(3) Victims addressing the
				Commission regarding a particular inmate or conditional medical releasee 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.
(4) 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. Prepared texts, letters, notes, or other written
				information submitted by victims at Commission meetings, or prior to Commission
				meetings, to be included in the inmate file shall be stamped confidential and
				excluded from file reviews under the public records law.
(5) 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.
(6) Victims
				who appear at a meeting or submit a written statement will likewise be notified
				of action taken by the Commission at the meeting within a reasonable period of
				time.
(7) Victims who appear and
				speak shall be advised that any information submitted at Commission meetings
				shall become public record.
Rulemaking Authority  947.06,  947.20,  947.07,  960.001(1)(e) 
					 FS. Law Implemented  947.149 FS.
New 1-5-94, Amended
					 7-16-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.040 - Conditional Medical Release Postponement and Rescission

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Should any person who has been voted a conditional medical release become the
				subject of inmate disciplinary or classification proceedings, or become the
				subject of criminal arrest, information or indictment, or should the release
				plan prove unsatisfactory prior to actual physical release from the institution
				of confinement then, any Commissioner can postpone the release date.
(2) The inmate's release date can be
				postponed for sixty (60) days. On or before the sixty-first (61) day, the
				Commission shall either release the inmate on conditional medical release or
				order a Commission investigator to conduct a rescission hearing on the matter
				of the infraction(s), new information, acts or unsatisfactory release plan as
				charged.
(3) At a rescission
				hearing, the inmate shall be afforded all due process safeguards required by
				law and shall be properly notified not less than seven (7) days prior to the
				hearing.
(4) The rescission hearing
				shall be scheduled within fourteen (14) days of the date the Order for a
				Rescission Hearing is signed by the Commission.
(5) The hearing may be continued or postponed
				due to the inability of any party or witness to attend or for other good cause
				(for example, new disciplinary reports, state of emergency, prison lock-down,
				etc.).
(6) New disciplinary reports
				received after the Order of Postponement, but prior to the date of the hearing
				shall be considered at the recission hearing, after re-noticing the
				inmate.
(7) The investigator is not
				required to find the inmate guilty or not guilty at the rescission hearing, but
				to determine if any circumstances exist beyond the documentation which provided
				the basis of the Commission's decision to postpone the release.
(8) If the release has been postponed due to
				an unsatisfactory release plan, the investigator should receive testimony from
				the inmate and any witnesses as to if an alternate plan exists which may be
				presented to the Commission for consideration.
(9) Following the rescission hearing, the
				Commission shall determine whether good cause has been established to rescind
				conditional medical release. The Commission shall then either order the release
				of the inmate on the same conditions or rescind the release.
(10) If the Commission receives information
				from the Department of Corrections that the inmate no longer qualifies for
				conditional medical release based on an improvement in the medical condition, a
				rescission hearing is not required. However, the Commission shall provide
				written notice to the inmate that release has been rescinded due to a failure
				to qualify pursuant to Florida Statute, Section 947.149.
Rulemaking Authority  947.07,  947.149 FS. Law Implemented
					  947.149 FS.
New 1-5-94, Amended 2-12-13,
					 7-30-14.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.050 - Revocation of Conditional Medical Release

Current through Reg. 50, No. 138; July 16, 2024
The revocation process for conditional medical release shall
				 be initiated either by order of the Commission or by issuance of a warrant. Any
				 hearing will be conducted in accordance with   947.141, F.S. Revocation hearings
				 pursuant to order of the Commission, shall be initiated when the Commission
				 does not intend to require the releasee to be taken into custody prior to the
				 hearing. Revocation proceedings pursuant to warrant shall be initiated when the
				 Commission believes that the conditional medical releasee should be returned to
				 custody prior to the hearing being convened.
(1) Order For Revocation Hearing.
(a) A Commission order requiring a revocation
				hearing for a conditional medical releasee shall be authorized by the
				Commission, a Commissioner or a panel of no fewer than two (2) Commissioners.
				The decision to issue an order is discretionary and shall be based on
				information which indicates reasonable grounds to believe that the medical or
				physical condition of the medical releasee has improved to the extent that he
				would no longer be eligible for conditional medical release. The order shall
				specify whether the revocation hearing shall be held locally or at a Department
				of Corrections facility. Failure of a conditional medical releasee to comply
				with such order shall constitute grounds for issuance of a warrant.
(b) Reports reflecting improved medical or
				physical condition of the conditional medical releasee to the extent that he
				would no longer be eligible for conditional medical release will be reviewed by
				staff for sufficiency of information and if found sufficient, staff shall
				submit a draft order with supporting information to a Commissioner for a
				decision.
(c) If staff submits a
				draft order to a Commissioner for review, the reviewing Commissioner shall
				elect to execute the order, deny the order, or direct the draft order and
				supporting information be placed before a panel of no fewer than two (2)
				Commissioners for a decision.
(d)
				The Commission order can be dismissed for good cause by a panel of no fewer
				than two (2) Commissioners or by the Commissioner who issued the order. Should
				an order be issued in error by a Commissioner, such shall be dismissed by a
				panel of no fewer than two (2) Commissioners, or by the Commissioner who issued
				the order.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-24 - CONDITIONAL MEDICAL RELEASE PROGRAM › Section 23-24.060 - Conditional Medical Release Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07,  947.149 FS. Law Implemented
					  947.149 FS.
New 1-5-94, Repealed
					 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-25 - ADDICTION RECOVERY SUPERVISION PROGRAM › Section 23-25.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  944.4731(8)  FS. Law Implemented
					  944.4731,  947.141 FS.
New 2-10-03, Repealed
					 12-24-15.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-25 - ADDICTION RECOVERY SUPERVISION PROGRAM › Section 23-25.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Chair - means the Chair of the Commission
				on Offender Review.
(2) Addiction
				Recovery Supervisor - means the person assigned to provide supervision for the
				Releasee.
(3) Commission - means
				the Commission on Offender Review.
(4) Controlled Substance - means a
				"controlled substance" as defined in Section   893.02, F.S.
(5) Conviction - means a "conviction" as
				defined in Section   921.0021, F.S.
(6) Department - means the Department of
				Corrections.
(7) Eligible Offender
				- means any offender who meets the criteria of Section   944.4731(2)(a),
				F.S.
(8) History of substance abuse
				or addiction - means:
(a) A score of 4 or more
				on the Department of Corrections Drug Simple Screening Instrument; or
(b) Two or more prior convictions for an
				offense for which an element of that offense relates to a controlled substance,
				alcohol, or drug paraphernalia; or
(c) One prior conviction for any offense for
				which an element of that offense relates to a controlled substance, alcohol, or
				drug paraphernalia and the current offense has as an element of the offense a
				controlled substance, alcohol or drug paraphernalia; or
(d) Acknowledgement by the offender that he
				or she has sought help for alcohol or substance abuse.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-25 - ADDICTION RECOVERY SUPERVISION PROGRAM › Section 23-25.003 - Addiction Recovery Supervision Evaluation Procedure

Current through Reg. 50, No. 138; July 16, 2024
Within 180 days prior to an Eligible Offender's Tentative
				 Release Date, a representative of the Department of Corrections will interview
				 the offender and review the offender's program participation, disciplinary
				 record, psychological and medical records, release plan, court ordered payments
				 and any other information pertinent to the pending release. The Department of
				 Corrections will forward the results of said interview and review to the
				 Commission. A panel of no fewer than two Commissioners shall review the results
				 of the interview and review, and establish the term and conditions of such
				 release.
Rulemaking Authority  944.4731(8)  FS. Law Implemented
					  944.4731,  947.141 FS.
New 2-10-03.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-25 - ADDICTION RECOVERY SUPERVISION PROGRAM › Section 23-25.004 - Addiction Recovery Supervision

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to an
				Eligible Offender being released from incarceration, the Commission shall
				determine the term and conditions of supervision.
(2) If an Eligible Offender has received a
				term of probation or community control to be served after release from
				incarceration, the period of probation or community control shall not be
				substituted for addiction recovery supervision, but shall follow the term of
				addiction recovery supervision.
(3)
				If an Eligible Offender is subject to both conditional release supervision and
				addiction recovery supervision, the offender shall be subject to the type of
				supervision that will result in the longest term of supervision, taking into
				consideration any applicable term of probation. If the terms of supervision are
				equal, the offender shall be subject to addiction recovery
				supervision.
(4) The Commission
				will determine the term of addiction recovery supervision based on the amount
				of gain-time that the inmate received on sentences that are eligible for
				addiction recovery supervision, and will toll periods of supervision as
				necessary to achieve the maximum period of supervision.
(a) In cases involving concurrent sentences,
				the maximum supervision date will be based on the eligible sentence that has
				the greatest amount of gain-time.
(b) In cases involving consecutive sentences,
				the amount of gain-time from eligible sentences will be added together to
				obtain the maximum term of supervision.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-25 - ADDICTION RECOVERY SUPERVISION PROGRAM › Section 23-25.005 - Revocation of Addiction Recovery Supervision

Current through Reg. 50, No. 138; July 16, 2024
(1) Warrants.
(a) A warrant for the arrest of a Releasee
				shall only be executed by a Commissioner except in the case of an emergency
				warrant as provided in subsection (2), herein. The decision to issue a warrant
				shall be based on evidence which indicates reasonable grounds to believe a
				Releasee has violated a condition of addiction recovery supervision. The
				issuance of a warrant is discretionary.
(b) Warrant requests will be reviewed by
				Commission staff for sufficiency of information and if found sufficient, staff
				shall submit a warrant request to a Commissioner for review.
(c) The reviewing Commissioner will execute a
				warrant, deny the warrant request, or have the warrant request placed before a
				panel of no fewer than two Commissioners for a decision.
(d) A request for a warrant shall be denied
				only by a Commissioner or the Commission and the reasons for denial shall be
				provided to the requestor, except in the case of an emergency
				warrant.
(e) If staff submits a
				warrant request to a Commissioner for a review, the reviewing Commissioner
				shall execute the warrant, deny the warrant, or have the warrant request placed
				before a panel of no fewer than two (2) Commissioners for a decision. Should a
				warrant be issued, such will be transmitted to the requesting agency for
				appropriate service or filing. Alleged violators of addiction recovery
				supervision will be entered into the Florida Crime Information Center and the
				National Crime Information Center, unless in custody. The Commission has
				authority to pursue extradition of alleged violators from other
				jurisdictions.
(f) Should a warrant
				be issued and a dismissal of the warrant is requested, the signing Commissioner
				or Chair is authorized to dismiss the warrant for good
				cause.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.01, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.002 - Committee Description and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.02, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.003 - Procedures for Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.03, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.004 - Plan for Evaluation of Qualifications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.04, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.005 - Rulemaking (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.05, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.006 - Notice of Meeting or Workshop (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.02 FS.
New 1-16-84, Formerly 23A-1.06, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.007 - Agenda of Meetings and Workshops (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  120.53,
					  947.02 FS.
New 1-16-84, Formerly 23A-1.07, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23A - Parole Commission Qualifications Committee › Chapter 23A-1 - PROCEDURAL RULES OF THE PAROLE COMMISSION QUALIFICATIONS COMMITTEE › Section 23A-1.008 - Emergency Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  120.53,
					  947.02 FS.
New 1-16-84, Formerly 23A-1.08, Amended 12-12-94, Repealed
					 6-2-13.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-4 - TELEPHONE COMPANIES › Part I - GENERAL PROVISIONS › Section 25-4.001 - Authorization of Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						350.127(2) FS.
						Law Implemented 364.28
						FS.
New 12-1-68, Formerly 25-4.01, Repealed
						3-10-96.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-4 - TELEPHONE COMPANIES › Part I - GENERAL PROVISIONS › Section 25-4.002 - Application and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						350.127(2) FS.
						Law Implemented 364.01,
						364.335,
						364.337,
						364.3375,
						364.3376
						FS.
Revised 12-1-68, Formerly 25-4.02, Amended 2-23-87,
						1-8-95, 2-1-99, 4-3-05, 3-26-09, Repealed
						10-2-14.