23-22.013. Control Release Supervision

(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).

(2) All persons placed solely on control release supervision shall initially be subject to the standard conditions of control release:

(a) The standard conditions of control release shall include the following:

1. I shall, promptly upon being released on control release, proceed to my planned place of residence identified on page one. I shall report in person to the probation and parole office in ____ County, Florida, as instructed by my release officer on _____ at ______. If no specific report/time is given, I shall report within 72 hours of my release.

2. I shall secure the permission of my control release officer before:

a. I change my residence or employment,

b. I leave the county of my residence or the state,

c. I post bail or accept pretrial release if I am arrested for a felony.

3. I shall submit a full and truthful report to my control release officer each month in writing on the forms provided in person as directed by my control release officer.

4. I shall not:

a. Own, carry, possess, or have in my constructive possession a firearm or ammunition.

b. Use or possess alcohol or intoxicants of any kind.

c. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

d. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

5. I shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

6. I shall secure the permission of my control release officer before I own, carry or have in my constructive possession a knife or any other weapon.

7. I shall obey all laws, ordinances and statutory conditions of control release.

8. I shall:

a. Submit to a reasonable search by a control release officer, of my person, residence or automobile,

b. Waive extradition to the State of Florida if I am wanted for return as an alleged control release violator,

c. Permit my control release officer to visit me at my residence, employment or elsewhere,

d. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my control release officer or the Florida Commission on Offender Review.

9. I understand that I am to remain on control release until released by expiration or by control release authority order.

10. During my control release term, I agree to submit to random substance abuse testing as directed by my supervising officer to determine the presence or use of alcohol or controlled substance as defined in Chapter 893, F.S.

11. During my control release term, I agree to submit to and pay for urinalysis testing to identify drug usage and understand that my failure to make such payment or participate as defined under this condition of my control release may be considered grounds for revocation of control release by the Florida Commission on Offender Review.

12. I agree to pay any court ordered payments such as child support, restitution, or civil liens resulting from restitution orders.

13. I shall execute and provide authorizations to release records to my control release officer and the Commission so that my progress and participation in required programs can be monitored and documented.

(b) In addition to these standard conditions, the Commission shall require such special conditions of control release supervision as it deems necessary.

(3) As an alternative to standard supervision previously described in this rule and required by the matrices or subsection 23-22.008(9), F.A.C., the Commission is authorized to require a control release term for any length of time up to the remainder of the inmate’s court imposed sentence under the solitary condition of:

(a) I shall live and remain at liberty without violating any law or ordinance.

(b) The releasee will be administratively monitored by the supervising agency who will generate a report in the event of a criminal arrest of the releasee.

(c) The Commission can use the alternative to standard supervision when:

1. The supervising agency has insufficient resources to provide standard supervision for all releasees, and there is more acute need for limited supervisional resources for public protection in other release cases; and,

2. There are no known benefits to be derived from standard supervision in regard to requiring restitution or requiring avoidance of victim contact.

(4) There shall be no right of review of the terms and conditions of control release as determined by the Commission.

(5) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a control releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of control release. A panel of no fewer than two Commissioners shall discharge from control release, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the control releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of control release.

(6) A panel of no fewer than two Commissioners shall review the progress of each person who has been placed on control release after 2 years of supervision and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a control releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(c) Annual reporting – one personal contact required every twelve (12) months.

(7) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the control release supervisor.

(8) Such modification shall not impose new or different terms or conditions of control release more restrictive than was stated in the original certificate.

Rulemaking Authority 947.146, 947.07 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94, 3-31-10, 2-12-13, 7-16-17.