Update sections for consistency with other forms of supervision.

 

FLORIDA PAROLE COMMISSION

RULE NO.: RULE TITLE:
23-23.007: Victim Information
23-23.011: Revocation of Conditional Release
PURPOSE AND EFFECT: Update sections for consistency with other forms of supervision.
SUMMARY: The proposed changes will update those rules which are currently inconsistent with other proposed changes and forms of supervision.
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 has no regulatory authority over any businesses and neither imposes or collects any fees.
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: 947.06; 947.07; 947.20 FS.
LAW IMPLEMENTED: 947.1405; 947.141 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah Rumph

THE FULL TEXT OF THE PROPOSED RULE IS:

23-23.007 Victim Information.

(1) No change.

(a) No change.

(b) No person will be granted permission to speak during the Commission voting meeting.

(b) Victims who wish to be notified of the actions taken by the Commission, will be notified of such action at a reasonable time after the meeting.

Rulemaking Authority 947.06, 947.07, 947.20 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 3-31-10.

 

23-23.011 Revocation of Conditional Release.

(1) No change.

(2) Emergency Warrants.

(a) through (c) No change.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested by the revocations administrator or his designee, only the signing Commissioner, without the approval of the Chair, or Commission representative authorized to execute warrants, with the approval of or the Chair, is authorized to dismiss the warrant for good cause.

(3) No change.

(4) Conditional Release Violation Hearing.

(a) through (h) No change.

(i) During a conditional release violation hearing, the person conducting the hearing has authority to entertain arguments of counsel or the conditional releasee has a right to speak on his/her own behalf. The person conducting the hearing has authority to elect to rule on such legal matters during the course of the hearing or may elect to withhold ruling pending consultation with counsel or staff. Arguments of counsel of a legal nature must be reduced to writing, and, if possible, presented prior to the hearing.

(j) through (n) No change.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 4-20-94, 3-31-10.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena Pate
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2012