23-22.009. Disposition of Special Types of Cases Involving Control Release

(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.

(6) Inmates serving Florida control release eligible sentences that are confined in another jurisdiction shall have a CRD established within 90 days after notice of the inmate’s return to the custody of the Department for incarceration.

(7) Critical Depletion Transfer Procedure. Whenever the release of control release eligible inmates depletes the total number of control release eligible inmates with advanceable control release dates established at TRD or earlier to less than 4,000, inmates in the maximum, non-advanceable sub-division Maximum A will be transferred to TRD Advanceable in compliance with the following specifications and criteria:

(a) The number transferred shall be equal of the minimum number needed to return the pool of inmates with CRDs established at TRD or earlier to 4,020 (+ plus or minus 1/2%).

(b) Those inmates closest to their TRD/PRD.

(c) Inmates shall be ineligible for transfer if subject to disciplinary proceedings during the 60 days prior to the transfer action.

(d) Inmates selected for transfer shall have their CRDs re-established at their current TRD or PRD, whichever is earlier.

(8) Effective May 25, 1992, all inmates that have a maximum CRD established on or before May 25, 1992, shall be reviewed within 180 days of the effective date of this rule, by a panel of no fewer than two Commissioners, applying the matrix grid as provided in paragraphs 23-22.008(3)(d), (e) and (f), F.A.C., as amended May 25, 1992.

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94.