Update for section name change, clarify current practices, and conformity with other types of supervision.

 

FLORIDA PAROLE COMMISSION

RULE NO.: RULE TITLE:
23-24.020: Conditional Medical Release Eligibility
23-24.040: Conditional Medical Release Rescission
23-24.050: Revocation of Conditional Medical Release
PURPOSE AND EFFECT: Update for section name change, clarify current practices, and conformity with other types of supervision.
SUMMARY: The proposed changes will update those rules which are currently inconsistent with other proposed changes and forms of supervision as well as clarify current practices and update section name change.
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 FS.
LAW IMPLEMENTED: 947.141; 947.149 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:

 

23-24.020 Conditional Medical Release Eligibility.

(1) No change.

(2) The referral shall be directed to the Office of the Commission Clerk Release Services who may docket the case before the Commission. A decision will be made by a majority of the quorum present and voting.

(3) through (4) No change.

Rulemaking Authority 947.06, 947.07 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 3-31-10.

 

23-24.040 Conditional Medical Release Postponement and Rescission.

(1) through (3) No change.

(4) The rescission hearing shall be scheduled within fourteen (14) days of the date the Order for a Rescission Hearing is signed by the Commission.

(5) The hearing may be continued or postponed due to the inability of any party or witness to attend or for other good cause (for example, new disciplinary reports, state of emergency, prison lock-down, etc.).

(6) New disciplinary reports received after the Order of Postponement, but prior to the date of the hearing shall be considered at the recission hearing, after re-noticing the inmate.

(7) The examiner is not required to find the inmate guilty or not guilty at the rescission hearing, but to determine if any circumstances exist beyond the documentation which provided the basis of the Commission’s decision to postpone the release.

(8) If the release has been postponed due to an unsatisfactory release plan, the examiner should receive testimony from the inmate and any witnesses as to if an alternate plan exists which may be presented to the Commission for consideration.

(9) Following the rescission hearing, the Commission shall determine whether good cause has been established to rescind conditional medical release. The Commission shall then either order the release of the inmate on the same conditions or rescind the release.

Rulemaking Specific  Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94.

 

23-24.050 Revocation of Conditional Medical Release.

(1) No change.

(2) Conditional Medical Release Revocation Hearing pursuant to Commission Order.

(a) through (f) No change.

(g) During a conditional medical release revocation hearing, the hearing officer shall entertain arguments of counsel or the conditional medical releasee has a right to speak on his/her own behalf. The hearing officer can elect to rule on legal such matters during the course of the hearing or can 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.

(h) through (k) No change.

(3) No change.

(4) Emergency Warrants.

(a) through (c) No change.

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

(5) No change.

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. History–New 1-5-94, Amended 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: 10/25/12
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/5/12