23-24.020: Conditional Medical Release Eligibility
23-24.030: Conditions of Conditional Medical Release
23-24.050: Revocation of Conditional Medical Release
PURPOSE AND EFFECT: The Commission proposes to update rules to conform to current practices and procedures, deleting obsolete rules and standardizing to conform to other types of Commission supervision.
SUMMARY: The proposed changes conforms the standard conditions of conditional medical release supervision to other forms of supervision. The hearing and revocation procedures are also updated to clarify current practice and conform to other forms of supervision.
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, 947.149 FS.
LAW IMPLEMENTED: 947.141, 947.149 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 7, 2010, 9:00 a.m.
PLACE: Florida Parole Commission, 2601 Blair Stone Road, Bldg C., Hearing Room A, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399 If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399
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 Release Services the Director of Parole Grant who may will docket the case before the Commission. A decision will be made by a majority of the quorum present and voting.
(3) No change.
(4) If Subsequent to the Commissions establishment of an inmates conditional medical release date, and prior to the actual release, the Director of Parole Grant shall provide written notice to the original sentencing judge, the state attorney, the original arresting law-enforcement agency and the sheriff of the county within the State of Florida to which the inmate is to be released. Unless otherwise requested by the victim or the personal representative of the victim, notification shall be provided to the victim or personal representative of the victim of any hearing where the release of the inmate on conditonal medical release is considered prior to the inmates release, if the name and address of such victim or representative of the victim is known by has been furnished to the Commission.
Rulemaking Specific Authority 947.06, 947.07 FS. Law Implemented 947.149 FS. HistoryNew 1-5-94, Amended_________.
23-24.030 Conditions of Conditional Medical Release.
All persons placed on conditional medical release supervision shall be subject to the standard conditions of conditional medical release.
(1) The following are the standard conditions of conditional medical release:
(a) Promptly upon being released on conditional medical release, I shall proceed to my planned place of residence ______, where I shall reside. Immediately upon my arrival, I, or my personal representative, shall report by mail, telephone or personal visit as instructed by my release officer to the Conditional Medical Release Supervisor under whose supervision I am to be released. If no specific report date/time is given, I or my personal reprsentative shall report within 72 hours of my release. The conditional medical release supervisors name and address is:
(b) I, or my personal representative, shall secure the permission of my conditional medical release officer before:
1. I change my residence or employment,
2. I leave the county of my residence or the state,
3. I post bail or accept pretrial release if I am arrested for a felony.
(c) I, or my personal representative, shall submit a full and truthful report to my conditional medical release officer before the fifth day of each month in writing on the forms provided or in person as directed by my conditonal medical release supervisor.
(d) I shall not:
1. Use or possess alcohol or intoxicants of any kind. to excess,
2. Use or possess narcotics, drugs or marijuana unless prescribed by a physician.
3. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.
(e) I shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.
(f) through (k) No change.
(l) I shall execute and provide authorizations to release records to my conditional medical release supervisor and the Commission so my progress can be monitored and documented. I agree to authorize and provide medical evaluations to the Commission not less often than ______.
(m) No change.
(2) No change.
(3) There shall be no right of review of the terms and conditions of conditional medical release as determined by the Commission.
(4) Such modification shall not impose new or different terms or conditions of conditional medical release more restrictive than was stated in the original certificate.
Rulemaking Specific Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. HistoryNew 1-5-94, Amended_________.
23-24.050 Revocation of Conditional Medical Release.
The revocation process for conditional medical release shall be initiated either by order of the Commission or by issuance of a warrant. Any hearing will be conducted in accordance with 947.141, F.S. Revocation hearings pursuant to order of the Commission, shall be initiated when the Commission does not intend to require the releasee to be taken into custody prior to the hearing. Revocation proceedings pursuant to warrant shall be initiated when the Commission believes that the conditional medical releasee should be returned to custody prior to the hearing being convened.
(1) Order For Revocation Hearing.
(a) A Commission order requiring a revocation hearing for a conditional medical releasee shall be authorized by the Commission, a Commissioner or a panel of no fewer than two (2) Commissioners. The decision to issue an order is discretionary and shall be based on information which indicates reasonable grounds to believe that the medical or physical condition of the medical releasee has improved to the extent that he would no longer be eligible for conditional medical release. The order shall specify whether the revocation hearing shall be held locally or at a Department department of Corrections corrections facility. Failure of a conditional medical releasee to comply with such order shall constitute grounds for issuance of a warrant.
(b) Reports reflecting improved medical or physical condition of the conditional medical releasee to the extent that he would no longer be eligible for conditional medical release will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit either:
1. Submit a draft order with supporting information to a Commissioner for a decision. or,
2. If approved by the revocation administrator or his designee, docket the information and draft order for a decision by a panel of no fewer than two (2) Commissioners.
(c) through (d) No change.
(2) Conditional Medical Release Revocation Hearing pursuant to Commission Order.
(a) No change.
(b) The conditional medical releasee shall be informed, in writing, at least 14 days prior to the conditional medical release revocation hearing of the date, time and location of the hearing. The notice of hearing shall include the reason for the hearing and a list of the releasees rights, as follows:
1. through 2. No change.
3. The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the conditional medical control release violation hearing.
4. through 5. No change.
(c) Any conditional medical release revocation hearing can be waived by the conditional medical releasee after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The conditional medical releasee can withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked received at the Commission headquarters within 14 days after the execution of the waiver. Upon receipt of a timely the waiver withdrawl request, a conditional medical release revocation hearing shall be convened after appropriate notice.
(d) through (e) No change.
(f) No change.
1. No change.
2. If the hearing officer concludes the conditional medical releasee is unable to secure counsel by reason of indigency, the hearing officer shall then proceed to determine if the conditional medical releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973) as provided by law. If a request for counsel is denied, the grounds for the denial shall be stated in the record.
(g) through (k) No change.
(3) Conditional Medical Release Warrants.
(a) No change.
(b) All warrant requests will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit either:
1. Submit the warrant to a Commissioner or Commissioners for a decision. , or
2. If approved by the revocations administrator or his designee, docket the warrant request for a decision by a panel of no fewer than two Commissioners rather than placing the request before a single Commissioner.
(c) through (d) No change.
(e) Should a warrant be issued, such will be transmitted to the requesting agency for service or filing. Alleged violators of conditional medical release will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.
(f) No change.
(4) Emergency Warrants.
(a) through (d) No change.
(a) The Commission or, a Commissioner or a duly authorized representative of the Commission can at any time during the violation process, release a conditional medical releasee on recognizance bond, conditioned upon the conditional medical releasees appearance at any hearings noticed by the Commission or until further order of the Commission. However, any release on recognizance bond authorized by a hearing officer who is not a Commissioner, shall be with the approval of the revocation administrator or his designee.
(b) through (d) No change.
(6) Conditional Medical Release Violation Hearing pursuant to Commission Warrant.
(a) through (b) No change.
1. through 2. No change.
3. The opportunity to receive, prior to the hearing, the disclosure of evidence that will be presented at the conditional medical control release violation hearing.
4. through 5. No change.
(c) Any conditional medical release violation hearing can be waived by the conditional medical releasee after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The conditional medical releasee can withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked received at the Commission headquarters within 14 days after the execution of the waiver. Upon receipt of a timely the waiver withdrawl request, a conditional medical release violation hearing shall be convened after appropriate notice.
(d) No change.
(e) If there is a judicial order of incompetency, a written psychiatric or pyschological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation then an attorney shall be appointed. Once an attorney is appointed for questions of compentency or if a previously appointed/retained attorney raises competency issues, then evidence of mental competency/incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may either order the violation process proceed, that the violation process be placed in abeyance, or such other order as it considers proper.
(f)(e) The conditional medical release violation hearing shall be convened within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.
(g)(f) Subpoenas and subpoenas duces tecum for the conditional medical releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the conditional medical releasee. The Commission, a Commissioner or a duly authorized representative of the Commission has authority to decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or non-probative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.
(h)(g) At the hearing, the releasee can waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the conditional medical releasee desire, retained counsel can represent the conditional medical releasee at the hearing. In the event the conditional medical releasee desires counsel and has not retained one, the following procedure shall apply:
1. No change.
2. If the hearing officer concludes the conditional medical releasee is unable to secure counsel by reason of indigency, the hearing officer shall then proceed to determine if the conditional medical releasee is eligible for appointed counsel as provided in the guidelines outlined in Gagnon v. Scarpelli, 411 U.S. 778 (1973) as provided by law. If a request for counsel is denied, the grounds for the denial shall be stated in the record.
(i)(h) During a conditional medical release violation hearing, the hearing officer can entertain arguments of counsel or the conditional medical releasee. The hearing officer shall rule on such matters during the course of the hearing or 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)(i) Based on evidence presented at the violation hearing, or received by stipulation, the hearing officer shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission. When the Commission finds that the conditional medical releasee has committed one or more violations, the Commission shall within a reasonable time enter an order revoking the conditional medical release, restoring the conditional medical releasee to supervision or such other order as deemed appropriate. Notification by copy of the Commission order shall be provided to the conditional medical releasee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.
(k)(j) The hearing officer conducting the hearing can elect to receive information following the violation hearing if the conditional medical releasee stipulates to the receipt of such information and such stipulation is reflected in the record.
(l) Pursuant to the United States Supreme Courts decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.
(m)(k) When the Commission revokes conditional medical release, for reasons of other than medical improvement, the conditional medical releasee shall not be entitled to credit for time served on conditional medical release.
(n) When the Commission revokes conditional medical release, for reasons other than medical improvement, the conditional medical releasee shall be entitled to credit for time spent in custody prior to the violation hearing for all charges that appear on the warrant and/or notice of hearing. Time spent in another jurisdiction as a result of intervening sentence(s) shall be considered. Credit for time in custody shall be reflected in the order of revocation of conditional medical release.
(o)(m) When the Commission revokes conditional medical release, the conditional medical releasee shall be scheduled for an evaluation by Commission staff to determine eligibility for parole or any other release program administered by the Commission.
Rulemaking Specific Authority 947.07, 947.149 FS. Law Implemented 947.149 FS. HistoryNew 1-5-94, Amended 4-20-94,________.
