The purpose is to align the rule with best agency practices, to use consistent language throughout the rule, and to increase the rule readability and clarity. The effect will provide alternate reporting mechanisms for certain ....

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.:RULE TITLE:

23-24.030Conditions of Conditional Medical Release

PURPOSE AND EFFECT: The purpose is to align the rule with best agency practices, to use consistent language throughout the rule, and to increase the rule readability and clarity. The effect will provide alternate reporting mechanisms for certain offenders released to conditional medical release, to make the 947.149(4), F.S., required periodic medical reviews a standard condition of conditional medical release supervision, and to simply, clarify, and better organize the rule.

SUMMARY: Simplification, clarification, and organization of existing provisions, an amendment to the reporting requirements, and the addition of a requirement requiring periodic medical reviews.

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: The agency conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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: 947.07, 947.149 F.S.

LAW IMPLEMENTED: 947.141, 947.149 F.S.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-24.030 Conditions of Conditional Medical Release.

All persons placed on conditional medical release supervision shall be subject to the standard conditions of conditional medical release.

(1) The following are the standard conditions of conditional medical release:

(a) Promptly upon being released on conditional medical release, I shall proceed to my approved planned place of residence. Immediately upon my arrival, I, or an individual authorized by law to act on my behalf my personal representative, shall report by mail, or telephone or personal visit as instructed by to my conditional medical release officer to the Conditional Medical Release Supervisor under whose supervision I am to be released. If no specific report date/time is given, I, or my personal representative, shall report within 72 hours of my release.

(b) I, or an individual authorized by law to act on my behalf my personal representative, shall secure the permission of my conditional medical release officer before:

1. I change my residence;,

2. I leave my approved residence for any purpose other than a medical or religious purpose the county of my residence or the state;, or

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

(c) I, or my personal representative, shall submit a full and truthful report to my conditional medical release officer each month in writing on the forms provided in person as directed by my conditional medical release supervisor.

(c)(d) I shall not:

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

2. Use or possess alcohol or intoxicants of any kind;.

3. Use or possess narcotics, drugs, or controlled substances as identified in section 877.111 or chapter 893, F.S., marijuana unless prescribed by a physician;. or

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

4.(e) I shall not Kknowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member(s), or person(s) associated with a criminal gang member(s).

(f) I shall secure the permission of my conditional medical release officer before I own, carry or have in my constructive possession a knife or any other weapon.

(g) I shall obey all laws, ordinances and statutory conditions of conditional medical release.

(d)(h) I shall:

1. Obey all laws, ordinances, and conditions of conditional medical release;

2.1. Submit to a reasonable search by a conditional medical release officer, of my person, residence or automobile;,

3.2. Waive extradition back to the State of Florida if I am wanted for return as an alleged conditional medical release violator;,

4.3. Permit my conditional medical release officer to visit me at my residence, or at any other place I am authorized to be employment or elsewhere,;

5.4. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my conditional medical release officer or the Commission;. and

6. Secure the permision of my conditional medical release officer before I own, carry, or have in my constructive possession a knife or any other weapon.

(e)(i) I understand that I am to remain on conditional medical release for the remainder of my sentence without diminution of sentence for good behavior.

(f)(j) During my conditional medical release term, I agree to submit to random testing as directed by my conditional medical release officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or intoxicants of any kind or drugs, narcotics, or controlled substances as identified in pursuant to sSection 877.111 or cChapter 893, F.S., and not prescribed by a physician.

(g)(k) During my conditional medical release term, I agree to submit and pay for urinalysis testing to identify the use of any intoxicant or substance prohibited by these conditions drug usage and understand that my failure to make such payment or submit to such testing participate as defined under this condition of my conditional medical release is grounds for revocation of my conditional medical release by the Commission on Offender Review.

(h)(l) I shall execute and provide authorizations to release records to my conditional medical release officer supervisor and the Commission so that my medical condition and progress can be monitored and documented.

(i)(m) I understand and agree that, in the event there is an improvement in my medical condition to the extent that I am no longer “permanently incapacitated,” or “terminally ill,” as those terms are defined in section 947.149, F.S., I will, if directed to do so, report for a conditional medical release revocation hearing.

(j) I agree to submit to a medical review every ninety (90) days, or as otherwise directed by the Commission, for the purpose of monitoring and documenting my medical condition or progress and I agree to submit in or direct that the results of this medical review be submitted, in writing, to my conditioanl medical release officer for review and submission to the Commission.

(2) I understand the Commission may also There can also be impose imposed special conditions of conditional medical release.

(3) There shall be no right of review of the terms and conditions of conditional medical release as determined by the Commission.

(4) Should the Commission modify the terms or conditions of my conditional medical release, sSuch modification shall not, without hearing before the Commission, impose new or different terms or conditions of conditional medical release more restrictive than were originally imposed was stated in the original certificate.

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.141, 947.149 FS. History–New 1-5-94, Amended 3-31-10, 7-16-17, ___________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Commission on Offender Review

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melinda Coonrod, Chairman, Florida Commission on Offender Review

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 29, 2023