The purpose of the proposed rule amendment to clarify when and what an individual on community supervision must report regarding their circumstances.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-302.110: Written Monthly Reports
PURPOSE AND EFFECT: The purpose of the proposed rule amendment to clarify when and what an individual on community supervision must report regarding their circumstances.
SUMMARY: The proposed rule is amended to change the way in which individuals on community supervision must report their circumstances.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.
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.
RULEMAKING AUTHORITY: 944.09 FS
LAW IMPLEMENTED: 944.09 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: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 33-302.110, F.A.C., follows. See Florida Administrative Code for present text.)

33-302.110 Reporting Requirements Written Monthly Reports.

(1) The offender shall report as instructed by the officer.  Factors that are considered when determining the frequency and manner of reporting shall include:

(a) Special conditions imposed by the court or Florida Parole Commission;

(b) Type of supervision;

(c) Supervision status;

(d) Random urinalysis testing;

(e) Meetings to discuss non-compliance with conditions of supervision; and

(f) Meetings to review schedules or documentation required.

(2) When the offender reports, he/she shall provide full and truthful information relating to activities for the previous month including phone/email changes, residence/employment changes, progress made on special conditions, and actions taken to address goals as specified on Form DC3-2026, Supervision Report.  Form DC3-2026 is hereby incorporated by reference.  Copies of this form may be obtained from the Form Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500.  The effective date of the form is ________.

(3) Notwithstanding subsection (1), the offender shall immediately report the following via verbal communication with the officer or supervisor:

(a) Planned changes in residence or notice of eviction from residence;

(b) Changes in employment status;

(c) Changes in student status;

(d) Any contact with law enforcement.

(e) Any problems, questions or concerns with supervision requirements.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-1-01, Amended 11-4-04, __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenny Nimer, Assistant Secretary, Office of Community Corrections
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 28, 2011