Clarify current practices and conformity with other types of supervision.

 

FLORIDA PAROLE COMMISSION

RULE NO.: RULE TITLE:
23-25.004: Addiction Recovery Supervision
23-25.005: Revocation of Addiction Recovery Supervision
PURPOSE AND EFFECT: 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.
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: 944.4731 FS.
LAW IMPLEMENTED: 947.4731; 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:

 

23-25.004 Addiction Recovery Supervision.

(1) through (4) No change.

(5) No change.

(a) through (l) No change.

(m) You shall participate and be supervised under the following special conditions of drug offender probation pursuant to Section 948.001(4), F.S.:

1. You will participate in a specialized drug treatment program, either as an in-patient or out patient, as recommended by the treatment provider.  You will attend all counseling sessions, submit to random urinalysis and, if an in-patient, you will comply with all operating rules, regulations and procedures of the treatment facility.  You will pay for all costs associated with treatment and testing unless otherwise directed.

2. You shall have a mandatory curfew where you shall be confined to your residence during the hours from 10:00 p.m. to 6:00 a.m., except for work/treatment purposes as authorized by your probation officer.

(n) through (p) No change.

(6) through (10) No change.

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History-New 2-10-03, Amended 3-31-10.

 

23-25.005 Revocation of Addiction Recovery Supervision.

(1) through (3) No change.

(4) Addiction Recovery Supervision Violation Hearing.

(a) through (h) No change.

(i) During the vViolation hHearing, the person conducting the hearing has authority to entertain arguments of counsel or the rReleasee has a right to speak on his/her own behalf. The person conducting the hearing has authority to elect to rule on legal such matters during the course of the vViolation hHearing 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 Violation Hearing.

(j) through (n) No change.

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03, Amended 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