The Commission proposes to amend current rules for consistency in the subject areas, for clarification of practice and to remove redundancies.

 

FLORIDA PAROLE COMMISSION

RULE NOS.:RULE TITLES:

23-21.002Definitions

23-21.0051Full Commission Reviews

23-21.011Calculating Time in Custody

23-21.013Subsequent Interview Procedure

23-21.015Effective Parole Release Date Interview Procedure

PURPOSE AND EFFECT: The Commission proposes to amend current rules for consistency in the subject areas, for clarification of practice and to remove redundancies.

SUMMARY: The changes will clarify the definitions for aggravation and mitigation, remove redundancies and clarify current full Commission review practices, further define “time begins date”, clarify requirements for subsequent interview procedures, and match effective interview procedures for out-of-state inmates with other interview procedures for out-of-state inmates.

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: 1) there is no requirement for SERC triggered under Section 120.541(1), F.S., and 2) based on direct past experiences with Agency rules, there are no adverse impacts or regulatory costs as defined by the economic analysis criteria set forth in Section 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 FS.

LAW IMPLEMENTED: 947.002, 947.06, 947.07, 947.149, 947.165, 947.174, 947.1745, 947.18, 947.20, 947.24 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, 4070 Esplanade Way, Tallahassee, FL 32399-2450

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-21.002 Definitions.

The following definitions are provided for the clarification of all terms used throughout Chapter 23, F.A.C.:

(1) Aggravate means to add a number of months to the upper month limit of the matrix time range.

(2) through (27) No change.

(28) Mitigate means to reduce below the matrix time range’s lower month limit or below the previously established presumptive parole release date.

(29) through (51) No change.

Rulemaking Authority 947.07, 947.149, 947.174(5) FS. Law Implemented 947.1745 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.02, Amended 7-9-87, 1-29-93, 1-5-94, 8-19-04, 8-17-06, 2-12-13,                                           .

 

23-21.0051 Full Commission Reviews.

The Commission, consisting of three Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) Extraordinary Review cases shall automatically be placed on the docket by staff;

(2) through (8) renumbered (1) through (7) No change.

(8)(9) All parole and conditional medical release violation cases following final hearing;

(9)(10) No change.

(10)(11) Decisions on granting conditional medical release cases;

(12) Reports of improved medical condition or requests to modify a condition in a Conditional Medical Release case;

(13) Reviewing terms and conditions for Conditional Medical Release cases;

(11)(14) No change.

(12)(15) Reviewing presumptive parole release dates requests filed pursuant to Section 947.173, F.S., for capital felony offenders whose sentence includes a 25-year mandatory minimum term;

(16) Directing an early initial parole interview, except in cases where the inmate is serving a mandatory minimum term;

(17) through (21) renumbered (13) through (17) No change.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.07, 947.149, 947.18, 947.20 FS. History–New 1-26-93, Amended 1-5-94, 8-17-06,               .

 

23-21.011 Calculating Time in Custody.

(1) Single Conviction Commitments:

(a) through (d) No change.

(e) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include for example, mandatory conditional release, supersedes bond, escape, grant of reprieve or parole. If the inmate was out of incarceration, ascertain the exact number of days out of incarceration and add those days to the date found in paragraph (c) above. This computation will produce the “TIME BEGINS” date. If the “TIME BEGINS” date calculation results in a date prior to the date of the present offense of conviction, the “TIME BEGINS” date will be reset to the actual date of the offense.

(f) No change.

(2) Multiple Conviction Commitments:

(a) through (b) No change

(c) Determine if the inmate spent any time out of incarceration. Time out of incarceration shall include, for example, mandatory conditional release, supersedeas bond, escape, grant of reprieve or parole. If the inmate was out of incarceration, add those days to the date found in paragraph (a) above. If the inmate is paroled to a non-parole eligible sentence(s), the time served on those sentences may be considered for the purposes of computing the time begins date. If the “TIME BEGINS” date calculation results in a date prior to the date of the earliest offense of conviction, the “TIME BEGINS” date will be reset to the actual date of the earliest offense.

(d) No change.

(3) No change.

Rulemaking Authority 947.07, FS. Law Implemented 947.002, 947.165 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.11, Amended 1-26-93, 8-17-06,                                           .

 

23-21.013 Subsequent Interview Procedure.

(1) through (5) No change.

(6) Within ninety days following the subsequent interview or receipt of the out-of-state materials, the quorum shall reach a decision on each recommendation made by the parole examiner and notify the inmate of the decision. Based upon competent and persuasive evidence, the quorum may accept or reject the parole examiner’s recommendation and may independently determine whether or not information has been gathered which affects the inmate’s presumptive parole date. The Commissioners shall each identify the reasons for rejecting a parole examiner recommendation to modify. The Commissioners shall also each identify the reasons for any final determinations modifying the presumptive parole release date.

(7) No change.

Rulemaking Authority 947.07, 947.174 FS. Law Implemented 947.174 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.13, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13,                                           .

 

23-21.015 Effective Parole Release Date Interview Procedure.

(1) through (2) No change.

(3) For inmates serving parole-eligible sentences imposed by a court of this state and housed in a facility outside Florida, the Commission shall request, through the Department of Corrections’ Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other state. The Department of Corrections shall forward the Commission’s Inmate Input Form to the other state for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The parole examiner shall reduce the recommendation to writing and send it to the Chair within 10 days of receipt of the out-of-state materials.

(3) through (13) renumbered (4) through (14) No change.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1745, 947.24 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06,__________.

 

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 28, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2013