The purpose and effect of the proposed rule is to amend eligibility requirements for community release programs by expanding eligibility time periods prior to release date.

 

DEPARTMENT OF CORRECTIONS

Departmental

RULE NO.: RULE TITLE:

33-601.606 Placement of Inmates into Community Release Programs

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend eligibility requirements for community release programs by expanding eligibility time periods prior to release date.

SUMMARY: Amends eligibility requirements for community release programs. Inmates with non-advanceable dates must be within 19 (rather than 15) months of their tentative release date or presumptive parole release date for CWA, community-based residential substance abuse program, or pre-work release program or within 14 (rather than 10) months of their earliest tentative release date for CWR. Inmates without non-advanceable dates must be within 28 (rather than 21) months of their tentative release date for CWA, community-based residential substance abuse program, or pre-work release program or within 19 (rather than 15) months of their tentative release date for CWR.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 945.091 FS.

LAW IMPLEMENTED: 945.091 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-601.606 Placement of Inmates into Community Release Programs.

(1) No change.

(2) Eligibility and Ineligibility Criteria.

(a) No change.

(b) In order to be eligible for community release programs an inmate must:

1. through 3. No change.

4. Inmates with non-advanceable dates must be within 19 15 months of their tentative release date or presumptive parole release date for CWA, community-based residential substance abuse program, or pre-work release program or within 14 10 months of their earliest tentative release date for CWR.

5. Inmates without non-advanceable dates must be within 28 21 months of their tentative release date for CWA, community-based residential substance abuse program, or pre-work release program or within 19 15 months of their tentative release date for CWR.

6. No change.

(3) through (5) No change.

Specific Authority 945.091 FS. Law Implemented 945.091 FS. History–New 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04, 11-25-04, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Franchatta Barber, Deputy Assistant Secretary of Institutions Programs

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George Sapp, Assistant Secretary of Institutions

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2005