The purpose and effect of the proposed rule is to amend a current rule to clarify current practices.

 

FLORIDA PAROLE COMMISSION

RULE NO: RULE TITLE
23-21.007: Salient Factor Scoring
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend a current rule to clarify current practices.
SUMMARY: The rule clarifies that when an offender has no prior criminal record, the Commission scores “age at offense which led to the first incarceration” using the age of the offender at the time of the present offense of conviction since it is the first incarceration.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 947.07, 947.071, 947.165, 947.20 FS.
LAW IMPLEMENTED: 947.04, 947.06, 947.071, 947.13, 947.16, 947.168, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.1747, 947.18, 947.19, 947.21, 947.22, 947.23, 947.24 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah J. Rumph, Assistant General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

23-21.007 Salient Factor Scoring.

Salient factors (1) through (6) shall be calculated on the inmate’s criminal record.

(1) through (3) No change.

(4) AGE AT OFFENSE WHICH LED TO THE FIRST INCARCERATION:

	17 Years or younger 18-25 Years	= =	2 Points 1 Point
	26 Years or older	=	0 Points

(a) through (e) No change.

(f) For the purposes of this item, if the inmate has no prior record, the age at the time of the present offense which led to the current incarceration is used, since it is the inmate’s first incarceration.

(g)(f) Do not consider age at time of commission of any offense for which conviction was later set aside or pardoned on grounds of innocence when computing this factor.

(5) through (7) No change.

Specific Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah J. Rumph
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chairman Frederick B. Dunphy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 26, 2008, Vol. 34/39