33-601.401. Interstate Corrections Compact

(1) Definitions. As used in this chapter:

(a) “Transfer” means transfer under the Interstate Corrections Compact authorized by Sections 941.56 and 941.57, F.S.

(b) “Administrator” means the Interstate Corrections Compact Administrator in the Office of Institutions.

(c) “Sending state” means the state from which an inmate is transferred.

(d) “Receiving state” means the state to which an inmate is transferred.

(2) The Interstate Corrections Compact Administrator shall approve, deny or initiate the interstate transfer of an inmate.

(3) When Florida is the Sending State.

(a) The institutional classification team (ICT) is authorized to recommend an inmate for interstate compact transfer with or without the inmate’s request. A request for transfer may be initiated by the inmate to the ICT of the institution at which the inmate is incarcerated.

(b) Any inmate whose transfer has been requested, but who does not consent to the transfer, shall be given a hearing before the ICT. The inmate shall be given at least 48 hours written notice of such hearing.

(c) Any request for transfer shall be evaluated by the ICT, which shall make its recommendations to the Interstate Corrections Compact Administrator.

(d) Inmates may be transferred for any reason within the scope of Section 941.56, F.S.

(e) The Florida Commission on Offender Review shall be notified at least 14 days before any inmate is transferred so that any necessary parole hearing may be held.

(f) The institution shall prepare a waiver of extradition to be executed by the inmate being transferred.

(g) Inmate property shall be transferred with the inmate subject to rules of the receiving state.

(4) When Florida is the Receiving State.

(a) A progress report shall be provided to the sending state at six month intervals. The sending state shall be kept informed at all times of the inmate’s institutional address and shall be notified immediately if the inmate escapes.

(b) The approval of the sending state shall be required for any action that could have the effect of modifying the inmate’s sentence.

(c) The releases of inmates confined under the Interstate Corrections Compact will be in accordance with the instructions of the sending state.

(d) Inmates confined under the Interstate Corrections Compact shall be afforded the opportunity and shall be required to participate in programs of occupational training, industrial or other work on the same basis as inmates of Florida. Qualified inmates will be eligible for participation in Community Work Release Programs with the approval of the sending state. Approval will be obtained through the Interstate Corrections Compact Administrator.

(e) Upon request of the sending state, the authorities of Florida will be authorized to and will conduct hearings, prepare and submit the record of such hearings, together with any recommendations of the hearing officials to the officer(s) of the sending state.

(f) Decisions concerning parole eligibility and release on parole will be determined by the sending state’s parole authority.

(g) Inmates may be returned to the sending state upon recommendations by the ICT and subsequent approval by the Interstate Corrections Compact Administrator for the following reasons:

1. Failure to adjust,

2. Personal safety of an inmate in the sending state is no longer a factor,

3. Personal safety of an inmate in the receiving state becomes a factor,

4. At the request of the sending state, or

5. Other valid reason(s).

(h) If the return of an inmate is approved the sending state shall be notified to retake the inmate within 30 days.

(5) The Interstate Corrections Compact Administrator shall coordinate the implementation of this section and shall conduct all routine correspondence with other party states.

Rulemaking Authority 941.57, 944.09 FS. Law Implemented 941.55, 941.56, 941.57 FS. History–New 7-7-81, Formerly 33-21.01, Amended 12-30-96, Formerly 33-21.001, 33-301.101, Amended 3-9-03, 9-23-03.