23-22.010. Advancing or Extending Control Release Dates

(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. History–New 9-1-90, Amended 1-5-94, 8-16-94, 2-12-13.