The Commission proposes to make changes to this rule to remove unnecessary language and clarify existing Commission practices.

Notice of Proposed Rule

 

FLORIDA PAROLE COMMISSION

Departmental

23-21.002 Definitions

23-21.004 Commission Meetings

23-21.007 Salient Factor Scoring

23-21.010 Decisions Outside the Matrix Time Range

23-21.012 Inmate Initiated Review of Presumptive Parole Release Date

23-21.014 Special Interviews

23-21.017 Review of Term and Conditions of Parole

23-21.019 Parole Rescission

23-21.022 Revocation of Parole and Compulsory Conditional Release; Preliminary Hearings; Final Hearings

23-21.0052 Panel Reviews

23-21.0161 Extraordinary Interview Procedure

947.07 FS., 947.071 FS., 947.20 FS.

 

23-21.001 General.

(1) The Commission shall be known as the Florida Parole Commission and Control Release Authority. There is no right to parole or control release in the State of Florida. Pursuant to Article IV, Section 8, Florida Constitution, the Commission may grant paroles or conditional releases to persons under sentence for crimes who are eligible for consideration. The Commission can also, as the Control Release Authority, establish control release dates for statutorily eligible inmates. The Commission can also require periods of supervision in conjunction with any release ordered by the Commission including Conditional Medical Release. The Commission may rescind an unexecuted order granting parole, and may revoke paroles, conditional releases, control releases, compulsory conditional releases, addiction recovery or conditional medical releases based upon violation of any of the specified conditions of release.

(2) Gender-specific language includes the other gender and neuter. The headquarters of the Commission is located at 1309 Winewood Boulevard, Tallahassee, Florida 32399-2450, with business hours Monday through Friday from 8:00 a.m. to 5:00 p.m. The mailing address where the public may obtain information or make submissions or requests is as follows:

Florida Parole Commission

1309 Winewood Boulevard

Building B, 3rd Floor

Tallahassee, Florida 32399-2450

(3) Requests for agendas of Commission meetings may be sent to the address in subsection (1) above.

(4) All Commission rules, regulations, agendas, directives, and minutes are open for public viewing during the course of normal business hours at the Commission headquarters.

(5) Any interested citizen is encouraged to direct information bearing on the consideration for parole, conditional release, control release, or conditional medical release of any inmate to the Commission at its headquarters.

(6)(a) Guidelines for fair treatment of victims and witnesses in the criminal justice system are addressed in Chapter 960, F.S. The objectives contained in the law are designed to ensure appropriate involvement of victims and witnesses in criminal justice system proceedings. Consistent with the legislative objectives, the Commission hereby adopts the following guidelines pertinent to the proceedings it conducts:

(b) Notification of availability of protection – In cases where intimidation is alleged, the Commission shall provide to the affected victim or witness, referral information on contacting the appropriate state attorney or law enforcement agency to obtain protection from intimidation.

(c) Scheduling changes – All victims and witnesses who have been notified of and scheduled to appear at Commission meetings, or who have been subpoenaed to attend and give testimony in revocation proceedings shall be promptly notified by the Commission of any scheduling changes which will affect their appearances.

(d) Victim input into Commission decisions.

1. A victim, relative of a minor who is a victim, relative of a homicide victim, or victim representative, or victim advocate (hereinafter referred to as victims) shall receive prompt advance notification any time a parole case is placed on the docket for Commission action regarding that inmate or parolee. Victims shall be notified at the address found in the police report or other criminal report or at a more current address if such has been provided to the agency.

2. Victims of any crime committed by an inmate or parolee shall be permitted to appear or speak, or victims can submit a written statement regarding their views.

3. Victims are permitted to read from a prepared text or speak with the use of notes. Any prepared text can be entered into the inmate’s record following the victim’s oral presentation. Victims will be allowed to use photographs and other aids in making a presentation. Victims who prefer shall be permitted to play a tape or present a video presentation in lieu of or in addition to a personal presentation, provided the total time required does not exceed the allotted time. Prepared texts, letters, notes, or other written information submitted by victims at Commission meetings, or prior to Commission meetings, to be included in the Department of Corrections inmate file shall be stamped confidential and excluded from file reviews under the public records law.

4. Victims who choose not to appear at meetings or make a written statement, but wish only to be notified of the action taken by the Commission, will be notified of such action at a reasonable time after the meeting.

5. Victims who appear at a meeting or submit a written statement will likewise be notified of action taken by the Commission at the meeting within a reasonable period of time.

6. Victims who appear and speak shall be advised that their testimony submitted at Commission meetings shall become public record.

(7) Community Control. The Commission has authority to require an inmate be placed in the Community Control Program of the Department of Corrections, as a special condition of parole. The term of community control supervision shall not exceed six (6) months. The Commission is also authorized to impose a term of community control following a revocation of parole. In every case in which the Commission-n decides to place an inmate on community control as a special condition of parole, the Commission shall provide a written explanation of the reasons for its decision.

Specific Authority 120.53, 947.06, 947.07, 947.20, 960.001(1)(d)3. FS. Law Implemented 120.53, 947.23, 947.06, 960.001 FS. History–New 9-10-81, Formerly 23-21.01, Amended 1-26-93, 1-5-94, 8-16-94, ________.

 

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) Aggregation means a process to separate multiple criminal episodes and score each single episode by determining the salient factor score, severity of offense behavior, presence of aggravating or mitigating circumstances and assess a number of months of incarceration for each scored episode. The total of months for each scored episode is then aggregated (added together) for the establishment of a presumptive parole release date.

(3) Burglary and Breaking and Entering are defined as they are found in the Florida Statutes on the dates the crimes are committed.

(4) Chair means the Chair of the Florida Parole Commission who, as selected by the Governor and Cabinet the duly selected Chair, is authorized to call and preside over meetings of the Commission.

(5) Commission Meeting means a called public meeting of the Commission.

(6) Commission Secretary means the Commissioner elected to a one year term or until a successor is elected by the Commission whose duties encompass serving notice and publishing information concerning Commission meetings, preparation and distribution of the agendas, maintenance of the official minutes, and recorder of the minutes at all scheduled and emergency Commission meetings.

(7) Vice-Chair means the duly selected Commission Vice-Chair who is authorized to serve in the absence of the Chair.

(8) Competent and Persuasive means that:

(a) The information is specific as to the behavior alleged to have taken place; and

(b) The source of the allegation appears to be reliable.

(9) Compulsory Conditional Release means the release of an inmate from incarceration, as if on parole, as a result of a state of emergency in the state correctional system pursuant to Section 944.598, F.S., and by virtue of a decision by a quorum.

(9)(10) County jail time credit means the time awarded by the Court for time spent in custody prior to sentencing.

(10)(11) Conditional Medical Release means the release of an inmate from incarceration by the Commission as set forth in Section 947.149, F.S., under conditions of release and supervision, as a result of being referred by the Department as permanently incapacitated or terminally ill.

(11)(12) Criminal Episode means the commission of one or more criminal offenses ending with the imposition of a court sanction. Any offense committed after a court sanction or pronouncement of disposition will be considered a subsequent criminal episode and subject to aggregation.

(12) Department means the Florida Department of Corrections.

(13) Early Termination of Parole means a Commission Order of Discharge from the terms and conditions of parole prior to the expiration date of parole as set forth on the Parole Certificate.

(14) Effective Parole Release Date (EPRD) means the actual parole release date, when authorized by the Commission as set forth in Section 947.1745 and Section 947.1746, F.S. The Commission’s consideration for authorization of the EPRD is occasioned by the approach of the PPRD, which determines the initial point in time the Commission considers the requirements under Florida law that no person be placed on parole until and unless the Commission can find that there is reasonable probability that, if the inmate is placed on parole, he will live and conduct himself as a respectable and law-abiding person, that his release will be compatible with his own welfare and the welfare of society, and that he will either be suitably employed in self-sustaining employment or will not become a public charge.

(15) Element of a Crime means that which was specifically contained in the statutory definition of the crime on the date the crime was committed.

(16) Escape is defined as it was found in the Florida Statutes on the date the crime was committed.

(17) Exceptional Circumstances are those circumstances which are out of the ordinary.

(18) Extend means to increase the presumptive parole release date.

(19) Extraordinary Review means a further an examination by the Commission of the entire record in an inmate’s case following the Commission’s decision declining to determine whether to authorize an Effective Parole Release Date.

(20) Final Revocation Hearing means a fact-finding quasi-judicial hearing held by the Commission, a Commissioner, or the Commission’s duly authorized representative for the purpose of determining whether a parolee has violated the conditions of the parole and if so, what recommendation should be made to the Commission.

(21) Good Cause means factors legally sufficient that justify action taken and which are not arbitrary, capricious, irrational, or unreasonable.

(22) Individual Particularity means case-specific, factual material or references related only to the inmate concerned.

(23) Initial Date of Confinement in Execution of the Judgment of the Court means the initial date of incarceration in the Department of Corrections or in the instance of a county jail sentence, receipt at the county jail.

(24) Inmate means any person under Florida Court Commitment to incarceration in any state or federal correctional facility, the Department or to a county jail for a cumulative sentence of 12 months or more.

(25) Juvenile Sanction means a court-imposed punishment on a minor for an act which, if committed by an adult, would have been criminal.

(26) Matrix Time Range means the appropriate range of months found where the offender’s salient factor score total intersects with the offender’s severity of offense behavior.

(27) Meeting means an officially called Commission meeting.

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

(29) New Information means knowledge acquired subsequent to the initial interview or the establishment of the presumptive parole release date.

(30) Nullification of Parole means the Commission action voiding the grant of parole when an inmate refuses to accept parole.

(31) PPRD means presumptive parole release date.

(32)(30) Parole means the release of an inmate, prior to the expiration of the inmate’s sentence, with a period of supervision to be successfully completed by compliance with the enumerated conditions and terms of the release agreement as ordered by the Commission. The decision of the Commission to parole an inmate shall represent an act of grace of the state and shall not be considered a right.

(33)(31) Parolee means an inmate placed on parole.

(34)(32) Parole examiner, which is synonymous with hearing examiner, means a Commission employee authorized to:

(a) Conduct an initial, subsequent biennial, effective or special interview;

(b) Provide professional case analyses and recommendations to the Commission;

(c) Conduct investigations for the Commission;

(d) Hold preliminary, bond, final revocation and rescission hearings in order to make recommendations to the Commission;

(e) Perform other duties as assigned by the Chair.

(35)(33) Preliminary Hearing means an informal quasi-judicial, hearing held after a parolee has been arrested, pursuant to a Commission warrant to determine whether there is probable cause to believe that violations of the conditions of parole have occurred.

(36)(34) Present Commitment means the total of court sentences to incarceration, including expired individual sentence or sentences contained therein, resulting from a single criminal offense or multiple offenses involved in a single criminal episode. An offender may have more than one present commitment for computation purposes. Further, Court sentences of sixty days or more are considered as commitments to incarceration, including sentences to time served as provided in subsection 23-21.007(2), F.A.C.

(37)(35) Present Offense of Conviction means the offense or offenses resulting in conviction in a single criminal episode. At least one of the convictions must result in a sentence to incarceration for sixty days or more, including sentences to time served of sixty days or more.

(38)(36) Prior Criminal Record means an offense or offenses which result in the imposition of a judicial sanction. Both the consummation of the criminal offense(s) and the imposition of the judicial sanction(s) must obtain at some date earlier in time than the offense(s) resulting in commitment to incarceration for the present offense of conviction. For the purpose of scoring in this category, prior offenses resulting in probation with adjudication of guilt withheld will be counted.

(39)(37) Probation means the release of a defendant for a period of supervision to be successfully completed by compliance with the enumerated conditions and terms of the release agreement as ordered by the trial court.

(40)(38) Quorum means a majority of the Commission that when duly assembled is legally competent to transact business. the following:

(a) Two Commissioners appointed by the Chair shall constitute a quorum for the purposes of:

1. Setting presumptive parole release dates;

2. Reviewing presumptive parole release dates;

3. Determining unsatisfactory institutional conduct;

4. Reviewing terms and conditions of parole;

5. Approving, rejecting, returning for renegotiation or cancelling Mutual Participation Program agreements;

6. Releasing inmates on compulsory conditional release pursuant to Section 944.598, F.S.;

7. Rescinding and nullifying paroles and grants of compulsory conditional release;

8. Ordering alleged parole and compulsory conditional release violators returned for a final revocation hearing following a preliminary hearing;

9. Ordering an alleged parole or compulsory conditional release violator released from custody and restored or discharged following a preliminary hearing;

10. Ordering a conditional releasee or control releasee, charged with a violation, to be revoked and returned to custody or released from custody and restored or discharged following a final revocation hearing;

11. Reviewing warrant requests submitted by a single Commissioner or Commission staff as provided in Rule 23-21.021, F.A.C.;

12. Granting or denying requests for early termination from parole, control release, compulsory conditional release, and conditional release supervision; and

13. Deleting special conditions of parole, control release, compulsory conditional release, and conditional release supervision.

14. Direct an initial interview earlier than scheduled except in cases where the inmate is serving a mandatory minimum term.

(b) A majority of the Commission shall constitute a quorum for authorization and decisions relating to all full Commission reviews.

(41)(39) Recidivist Criminal Factor means four or more prior adult felony convictions, from four or more separate criminal episodes, at least two of which resulted in incarceration.

(42)(40) Rescission of Parole means the withdrawal of order withdrawing an unexecuted grant order of parole.

(41) Record During Confinement Is Good means that within the three months preceding the initial interview, an inmate has:

(a) Neither pending nor processed disciplinary actions which may result in the loss of gain-time or placement in disciplinary confinement. For the purpose of this section, pending means a formal disciplinary report document has been created by the Department; and

(b) No pending court prosecutions in any Florida court. For purposes of this section detainers are not to be considered a pending court prosecution; and

(c) No reclassification actions raising custody classification, transferring to a higher custody or level institution, transferring to close management status; and

(d) No terminations of community work release for cause; and

(e) No pending revocation proceedings or entries of a Commission order revoking parole.

(42) Request for Review means a statement in writing from an inmate or his representative for a quorum to review a decision as to the initial establishment of that inmate’s presumptive parole release date.

(43) Revocation of Parole means the order of the Commission entered after a parolee has been found to have violated one or more conditions of parole, and requires the parolee’s return to prison to resume service of the sentence the order of the Commission entered after a parolee has been found to have violated the conditions of his parole, returning the inmate to custody.

(44) Salient Factors are the indices of the offender’s present and prior criminal behavior and related factors found by experience to be predictive in regard to parole outcome.

(45) Satisfactory Release Plan means a release plan that meets all of the following requirements:

(a) A residence confirmed by field investigation to be sufficient to meet the living needs of the individual seeking parole, or sufficient financial resources or assistance to secure adequate living accommodations with the approval of the parole supervisor.

(b) Self-sustaining employment or financial support sufficient to preclude the parolee from becoming a public charge which has been confirmed by field investigation.

(c) Both paragraphs (a) and (b) available in a community that does not represent individual, collective, or official resentment or hostility to an extent that it impairs the opportunity for lawful and peaceful existence of the parolee or any individual within that community.

(d) If the individual seeking parole is a convicted sexual offender, the proposed residence and employment must not pose an undue risk to children under the age of eighteen.

(e) The occupants of the proposed residence must not pose an undue risk to the inmate’s ability to reintegrate into society.

(f) The proposed residence must not contain any firearms.

(46) Severity of Offense Behavior means the statutorily assigned degree of felony or misdemeanor for the present offense of conviction.

(47) Subpoena (Subpoena Duces Tecum) means a document signed by a member of the Commission or an authorized Commission representative which compels the attendance of a person at Commission proceedings and may require the person so compelled to bring with him designated items as specified on the document.

(48) Unsatisfactory Institutional Conduct includes behavior which:

(a) Results in pending or processed disciplinary actions which may result in the loss of gain-time or placement in disciplinary confinement (for the purposes of this subsection, pending means a formal disciplinary report document has been created by the Department; processed means that a written decision has been rendered at the institution);

(b) Results in a pending or completed court prosecution;

(c) Results in a reclassification action (raising custody classification, transferring to a higher custody or level institution, or transferring to close management status);

(d) Results in the Commission finding that there is competent and persuasive evidence in the form of an admission against interest by the inmate;

(e) Results in the Commission determining through competent and persuasive independent knowledge of an action pending either in court or in the Department’s disciplinary hearing process.

(49) Vacate means to set aside a previously established date or order.

(50) Warrant means a document executed by a member of the Commission which will cause the incarceration of a parolee or releasee pending final action by the Commission.

(51) Work Release means the Department of Correction’s Community Work Release program.

(52) Workshop means a conference held by the Commission for the purpose of meeting to determine the means by which policy-making decisions and projects shall be implemented.

Specific Authority 947.07, 947.149, 947.174(5)(b) 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, ________.

 

23-21.003 Commission Organization.

Specific Authority 120.53, 947.07, 947.135 FS. Law Implemented 947.01, 947.04, 947.06, 947.135, 947.165, 947.22, 947.23 FS. History–New 9-1-81, Amended 10-1-82, 8-1-83, Formerly 23-21.03, Amended 1-26-93, 1-5-94, Repealed ________.

 

23-21.004 Commission Meetings.

(1) All Commission meetings are open to the public. However, due to the nature of the various proceedings, the following procedures are followed relative to persons wishing to address the Commission. Persons requesting permission to speak concerning the setting or reviewing of an inmate’s presumptive or effective parole release date, parole supervision review, or conditional medical release consideration date must obtain prior written approval to do so from the Chair. Those request(s) should be sent to:

Chair

Florida Parole Commission

2601 Blair Stone Road, Building C

1309 Winewood Blvd., Bldg. B

Tallahassee, Florida 32399-2450

ATTN: Request to Appear

(2) When, as a result of a visitor presentation, a panel of Commissioners requests additional information be secured and returned to the Commission for review, upon receipt, the new information shall be placed on the docket for consideration by the panel of Commissioners which requested it.

(3) No testimony is entertained at Commission meetings regarding revocations unless stipulated on the record at the time the final revocation hearing is conducted and with the prior written approval of the Chair. Persons requesting permission to speak to the Commission at a parole revocation hearing must obtain prior written approval of the Chair to the above address and shall then be subject to the subpoena power of the Commission. Because the parolee may not be present at the Commission headquarters in Tallahassee, no testimony is entertained at those meetings unless stipulated on the record at the time of the conduct of the final revocation hearing. The public is welcome to attend and observe the meetings.

(4) Persons requesting permission to speak to the Commission at a Parole Rescission Hearing must obtain prior written approval of the Chair at the above address and shall then be subject to the subpoena power of the Commission. In that Because the inmate may not be present at the Commission meetings headquarters in Tallahassee, no testimony is entertained at those meetings regarding rescission matters, unless stipulated on the record at the time of the conduct of the rescission hearing and with the prior written approval of the Chair. The public is welcome to attend and observe the meetings.

Specific Authority 947.07 FS. Law Implemented 947.172, 947.174, 947.16, 947.173, 947.149 FS. History–New 9-10-81, Formerly 23-21.04, Amended 1-26-93, 1-5-94, 8-16-94, ________.

 

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 for full Commission review;

(2) In any case where a panel agrees to set or reduce a Presumptive Parole Release Date or Mutual Participation Program parole release date which would place or continue to place that date within the period of retained jurisdiction by a court, the case shall be referred to the full Commission for consideration of that action;

(3) Upon receipt of significant information impacting on parole decision-making, a single Commissioner can have a case placed on the docket for a full Commission vote;

(4) A panel of Commissioners is authorized to refer a case originally placed on the docket for its consideration to the full Commission. Should a panel split in their vote to refer a case to the full Commission, the Chair will cast the deciding vote. If the Chair agrees that the case should be referred to the full Commission, the member of the panel who voted to refer will be responsible for preparing the memorandum;

(5) When a panel is unable to agree and the case is referred to the Chair, the Chair shall either concur with one of the voting panel members or refer the case to the full Commission;

(6) Whenever a panel of Commissioners reviews a case which is on a docket for consideration and the panel determines that new information has been gathered which suggests modification of the established presumptive parole release date in excess of sixty (60) months, the panel shall make its recommendation for such modification and refer the case to the full Commission. The panel’s recommendation regarding the new information shall include a statement of the specific reason for its recommendation;

(7) In any case where a panel agrees to set or modify a Mutual Participation Program parole release date an MPP Date sixty (60) months or more, below the established PPRD, the panel shall make its recommendation for such modification and refer the case to the full Commission for decision;

(8) Cases for which notice has been provided to the sentencing court, under the provision of Section 947.1745(4), F.S., and for which the court has submitted a written objection to parole release, shall be placed on the docket for the full Commission;

(9) All parole and conditional medical release violation revocation cases following final hearing shall be placed on the docket for full Commission review;

(10) All effective and extraordinary interviews shall be placed on the docket for full Commission review;

(11) Decisions on granting conditional medical release.

(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;

(14) Setting presumptive parole release dates for capital felony offenders whose sentence includes a 25-year mandatory minimum term.

(15) Reviewing presumptive parole release dates 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) Parole cases in which the Department of Corrections is making a recommendation, separately from any other scheduled action;

(18) Cases in which the presumptive parole release date is within the retained jurisdiction period of the court;

(19) Rescinding or nullifying a parole granted by the Commission;

(20) Reviewing the term and conditions of parole as outlined in Rule 23-21.017, F.A.C.

(21) When the Commission cannot reach a majority vote, the action of the Commission is no action.

Specific Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.07, 947.149, 947.173, 947.18, 947.20 FS. History–New 1-26-93, Amended 1-5-94, ________.

 

23-21.0052 Panel Reviews.

A panel consisting of two Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) Establishing presumptive parole release dates, unless the sentence includes a 25-year mandatory minimum term.

(2) Inmate initiated reviews of presumptive parole release date, unless the sentence includes a 25-year mandatory minimum term.

(3) Reviewing subsequent parole interviews for possible modification of presumptive parole release dates;

(4) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of presumptive parole release dates;

(5) Reviewing the term and conditions of parole, control release, conditional release and addiction recovery supervision cases;

(6) Approving, rejecting, returning for renegotiation or canceling Mutual Participation Program agreements;

(7) Ordering an alleged parole violator returned for a final hearing following a preliminary hearing;

(8) Ordering an alleged parole violator released from custody or discharged following a preliminary hearing;

(9) Ordering a conditional releasee, addiction recovery releasee or control releasee, charged with a violation, to be revoked and returned to custody or released from custody and restored to or discharged from supervision following a final revocation hearing;

(10) Reviewing warrant requests submitted by a single Commissioner as provided in Rule 23-21.021, F.A.C.;

(11) Establishing, extending, advancing or vacating control release dates;

(12) Granting or denying requests for early termination from parole, control release, addiction recovery and conditional release supervision;

(13) Modifying or deleting special conditions of parole, control release, addiction recovery and conditional release supervision;

(14) Ordering release on recognizance (ROR) following a hearing;

(15) Establishing the term and conditions for control releasees, conditional releasees and addiction recovery releasees; and

(16) Referring a case for a Full Commission review, with good cause.

Specific Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.13, 947.135, 947.1405, 947.141, 947.146, 947.149, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.18, 947.19, 947.20, 947.23, 947.24 FS. History–New ________.

 

23-21.006 Initial Interview Procedure.

(1) Upon receipt of notice that an inmate has been committed to the Department or to a county jail for a parole eligible cumulative sentence of 12 months or more, the Commission Director of Parole Grant shall schedule an initial interview for the inmate. Inmates shall be eligible for parole consideration on all sentences which were not imposed pursuant to Sentencing Guidelines. An inmate currently serving a sentence imposed pursuant to Sentencing Guidelines shall not be eligible for parole consideration upon a consecutive non-guidelines sentence until service of the latter sentence has begun. The following criteria shall be used in determining parole eligibility:

(a) Is the inmate confined solely as a result of a sentence or sentences imposed under Sentencing Guidelines? If the answer is yes, the inmate is not eligible for parole consideration. If the answer is no, then:

(b) Where the inmate is confined as a result of multiple sentences, at least one of which is a sentence imposed under Sentencing Guidelines, whether concurrent or consecutive, the inmate shall be eligible for parole consideration, and can be paroled to the incarceration portion of the sentence(s) imposed under Sentencing Guidelines.

(2) Inmates received into the custody of the Department of Corrections with sentences imposed under Sentencing Guidelines will be identified by the Department. Staff located in the Commission’s central office will then make parole eligibility determinations and assign parole interview dates.

(a) The initial parole interview date for a person whose parole is revoked shall be set by the Commission within six months of the revocation.

(b) The initial parole interview date for a parole violator returned to the Department’s custody with any new sentence(s) not imposed under Sentencing Guidelines shall be assigned by staff according to current interview scheduling procedures set forth in subsection (3) herein.

(c) In the event an inmate is scheduled for an initial or subsequent biennial (subsequent) interview and is not in the Department’s custody at that time, the examiner shall prepare a transaction sheet reflecting same and the case shall be rescheduled for the appropriate interview within 90 days in four (4) months.

(d) If the inmate exits the system while still under the service of an active commitment and is returned to the Department’s custody with a new sentence(s), the following action will be taken by the examiner at the time of interview:

1. New sentence(s) imposed solely under Sentencing Guidelines. If no PPRD was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In establishing a recommended PPRD, the sentence(s), including sentences to time served of 60 days or more, imposed under Sentencing Guidelines shall not be scored, but may be treated as information for possible use as aggravation. If a PPRD was established prior to the inmate exiting the system, the existing PPRD shall be vacated and an initial interview shall be provided herein.

2. New sentences imposed, one of which is a sentence imposed under Sentencing Guidelines. If no PPRD was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In calculating a recommended PPRD, the examiner shall apply current rules of aggregation on sentences that are not imposed under Sentencing Guidelines. Sentences of 60 days or more, including sentences of time served, imposed under Sentencing Guidelines qualify as information for use as possible aggravation. If a PPRD was established prior to the inmate exiting the system, the existing PPRD shall be vacated and an initial interview shall be provided herein.

(3) Parole revocation with a new felony or misdemeanor conviction: Inmates whose parole is revoked after conviction for a new felony or misdemeanor offense, and who are committed to a jail, stockade or correctional institution will be considered under these guidelines as a new admission and the Commission can use concurrent new commitments as aggravation or aggregation in the establishment of a presumptive parole release date. If the inmate is found to be eligible for consideration for parole on the ensuing sentence(s) the Commission shall aggregate. Further, the Commission shall aggravate or aggregate each consecutive sentence.

(4) Conviction for crimes committed while incarcerated: Escape or any other crime committed during incarceration with an ensuing conviction and sentence vacates any previously established presumptive parole release date and shall cause the inmate to be considered a new admission. If the inmate is found to be eligible for consideration for parole on the ensuing sentence(s) the Commission shall aggregate. If the inmate’s ensuing sentence(s) are not parole eligible, the Commission can use these new commitments as aggravation in the establishment of a new presumptive parole release date.

(5)(3) Initial interviews for parole eligible inmates shall be scheduled as follows:

(a) For inmates convicted on or before April 19, 1982, in order to meet statutory time frames, inmates serving an indeterminate sentence or a sentence of 5 years or less shall be scheduled for initial interview not later than the end of the 5th month from the initial date of confinement in execution of the judgment of the Court and inmates serving sentences in excess of 5 years shall be scheduled for initial interview not later than the end of the 10th month from the initial date of confinement in execution of the judgment of the Court. Any inmate may freely and voluntarily waive in writing before a parole examiner or Department’s classification officer the initial interview.

(b) For inmates convicted on or after April 20, 1982, the following schedule shall apply:

1. Inmates sentenced to an indeterminate term or a term of 3 or less years or who have been sentenced under the provisions of the Youthful Offender Act or are determined to be youthful offenders by the Department shall have their initial interview scheduled within 7 months of the initial date of confinement in execution of the judgment of the Court.

2. Inmates sentenced to a term in excess of 3 years but not more than 6 years shall have their initial interview scheduled within 13 months of the initial date of confinement in execution of the judgment of the Court.

3. Inmates sentenced to a term in excess of 6 years but other than a life term shall have their initial interview scheduled within 23 months after the initial date of confinement in execution of the judgment of the Court.

4. Inmates sentenced for a term of life shall have their initial interview scheduled within 59 months after the initial date of confinement in execution of the judgment of the Court.

5. Inmates sentenced to serve a mandatory minimum sentence shall be scheduled for an initial interview from the initial date of confinement in execution of the judgment of the Court as follows:

a. Inmates serving a minimum mandatory term of 7 years or less shall be scheduled for an initial interview within 6 months of the expiration of the mandatory portion of the term;

b. Inmates serving a minimum mandatory term in excess of 7 years but less than 15 years shall be scheduled for an initial interview within 12 months of the expiration of the mandatory portion of the term;

c. Inmates serving a minimum mandatory term of 15 years or more shall be scheduled for an initial interview within 18 months of the expiration of the mandatory portion of the term.

6. Inmates designated mentally disordered sex offenders shall be scheduled for an initial interview within 90 days of receiving written notification from the Department of the need for such interview and that all investigative reports deemed necessary by the Commission are available for examination in the inmate’s file.

7. Any inmate who is adjudicated incompetent pursuant to statutes shall be scheduled for an initial interview within 90 days of the date the Commission receives written notice from the Court that mental competency has been restored.

8. Inmates serving sentences imposed by a court of this state in a facility outside the confines of this state shall not be scheduled for any interview but, when the Chair is made aware of that situation, he shall cause a parole examiner to request the summary of information from the inmate’s file from the other jurisdiction for the purpose of recommending a presumptive or effective parole release date and the Commission shall establish the dates based on the written recommendation and pertinent file information. The Commission, at its discretion, may react to supplemental written information on any inmate serving a sentence in another jurisdiction with regard to mitigating or extending an established presumptive parole release date or may concur with the parole release decision of the jurisdiction granting parole and accepting supervision.

8.9. The Commission may, by a vote of a quorum, request an initial interview earlier than scheduled except in cases where the inmate is serving a minimum mandatory term.

(6)(4) Postponement or deferral of initial interview, for inmates convicted on or after April 20, 1982.

(a) A regularly scheduled initial interview may be postponed for a period not to exceed 90 days for good cause which shall include but not be limited to securing from the Department a copy of the inmate’s presentence or postsentence investigation report, a parole or probation violation report or whatever other information is deemed necessary to conduct the initial interview. The reasons for postponement shall be noted in writing, included in the offender’s institution file and forwarded to the Commission Headquarters for subsequent rescheduling and to be included in the Department’s central office offender’s file.

(b) A regularly scheduled initial interview may be deferred as follows:

1. Inmates who are out to court when the initial interview is scheduled. Upon notification by the Department that the inmate has been returned from Court without a new commitment, the initial interview shall be conducted no later than 90 days from the date of receipt of the written notification of return. Inmates who have received a new commitment shall be scheduled for an initial interview pursuant to these rules.

2. Initial interviews for inmates who are confined in any appropriate treatment facility by virtue of transfer by the Department may be deferred and shall result in the rescheduling of the initial interview no later than 90 days after receipt of written notice from the Department that the inmate has been returned to their custody. Inmates designated Mentally Disordered Sex Offenders are not included in this deferral procedure.

(7)(5) Inmates convicted of capital crimes on or before April 19, 1982, shall be interviewed as follows:

(a) Inmates serving life sentences for capital crimes with twenty-five years minimum mandatory sentences will be interviewed within the last eighteen months before the expiration of the mandatory portion of the sentence. To calculate the interview date, begin with the most recent date of sentence for the capital felony, add twenty-five years representing the mandatory portion of the sentence, subtract the jail credit awarded by the court, add in any out time for post-conviction bond or escape and then subtract 18 months. The inmate will not be interviewed before the resulting date.

(b) Inmates serving sentences for capital crimes who do not have minimum mandatory sentences will be interviewed within one year of receipt by the Department or when they may be statutorily eligible for parole consideration.

(c) Inmates under death sentences will not be interviewed nor considered for parole.

(8)(6) Inmates convicted of capital crimes on or after April 20, 1982, shall be scheduled for an initial interview as provided in these rules.

(9)(7) The initial interview shall be in two parts. In Part I, the parole examiner shall determine whether the inmate is eligible for consideration for parole. The determination shall be based upon the following matters:

(a) Is the inmate confined in execution of the judgment and sentence of the court; that is, is there a judgment and sentence in the inmate’s Department file which indicates a sentence of twelve months or more or which indicates an indeterminate sentence? If the answer is no, then the parole examiner shall postpone the interview for sixty days and notify the Commission Director of Parole Grant by telephone and within twenty-four hours by mail the reason for postponement. If the answer is yes, then,

(b) For inmates subject to incarceration as a condition of probation, the following matters shall be determined:

1. Is the inmate confined solely as the result of a commitment where his incarceration is a condition of probation? If the answer is yes, the inmate shall be advised that he is not eligible for consideration for parole. If the answer is no, then,

2. Where the inmate has multiple commitments, at least one of which is a concurrent commitment where his current incarceration is a condition of probation, and at least one of which is a non-probationary commitment which will expire subsequent to the expiration of the condition of incarceration, the inmate shall not be ineligible for parole on that account, but shall have a presumptive parole release date established beyond the expiration date of the condition of probation.

3. Where the inmate has multiple commitments, at least one of which is a consecutive commitment where his incarceration is a condition of probation, the inmate shall not be ineligible for parole to the incarceration portion of his probation on that account.

(c) Is the inmate’s record during confinement good? If the answer is no, then the interview is at an end. The recommendation of the parole examiner shall be to reschedule the initial interview within six months; if the answer is yes, then, proceed with part II of the initial interview as set forth in subsection 23-21.006(8), F.A.C. Record during confinement is good means that within the three months preceding the initial interview, an inmate has:

1. Neither pending nor processed disciplinary actions which may result in the loss of gain-time or placement in disciplinary confinement. For the purpose of this section, pending means a formal disciplinary report document has been created by the Department; and

2. No pending court prosecutions in any Florida court. For purposes of this section, detainers that are not being actively pursued are not to be considered a pending court prosecution; and

3. No reclassification actions raising custody classification, transferring to a higher custody or level institution, transferring to close management status; and

4. No terminations of community work release for cause; and

5. No pending revocation proceedings or entries of a Commission order revoking parole.

(10)(8) Part II of the initial interview. The parole examiner shall explain to the inmate the scoring of the inmate’s salient factor score and the severity of his offense behavior. The parole examiner shall discuss the inmate’s individualized institutional conduct record and explain the requirements of a satisfactory release plan for parole supervision and how those factors can impact on his parole release. The parole examiner will record any direct input offered by the Department’s representative, if present during the interview. The parole examiner shall discuss any aggravating or mitigating factors with the inmate. The parole examiner shall explain the calculation of time in custody. At the close of the interview, the inmate shall be orally informed of the examiner’s final recommendation and that only a quorum may establish his or her presumptive parole release date. The inmate shall be requested to sign a statement which is an acknowledgment that the inmate was present during the initial interview and was verbally advised of the recommendation in his case.

(11)(9) The parole examiner shall reduce the oral recommendation for parole, salient factor score, severity of offense behavior, aggravation, mitigation, time in custody calculation and the recommended presumptive parole release date to writing and, within 10 days of the initial interview, forward those written recommendations to the Commission’s headquarters.

(12) Inmates serving parole-eligible sentences imposed by a court of this state in a facility outside the confines of this state shall not be scheduled for an in-person initial interview with a Florida parole examiner, but are entitled to establishment of a presumptive parole release date in accordance with the same time frames provided for inmates confined in Florida.

(a) If the inmate was sentenced in Florida, but was transferred to another state before entering the custody of the Department of Corrections, the Commission will not be aware of the parole eligible sentence unless the inmate or another individual or entity notifies the Commission. Upon such notification, the Commission shall obtain the commitment package from the sentencing court in Florida and begin the parole review process. Inmates who are received into the custody of the Florida Department of Corrections and later transferred to another state will have had a Commission review of parole eligibility upon their commitment in Florida.

(b) At the time the out-of-state inmate would have been scheduled for an initial interview if confined in Florida, the parole examiner will request a summary of information from the inmate’s file from the other jurisdiction. The examiner will review the inmate’s commitment papers and institutional progress. If the examiner determines that the inmate is presently eligible for consideration for parole, the examiner will record recommendations for the inmate’s salient factor score, severity of offense behavior, and any aggravating/ mitigating factors. The parole examiner’s recommendation will be forwarded to the case manager of the prison where the inmate is incarcerated with a request that the inmate be called out and allowed to review the parole examiner’s recommendation. The inmate should be asked to sign an acknowledgment of the interview and give an input statement for consideration by the Commission. If questions arise about the formulation of the PPRD, the case manager is encouraged to contact the examiner directly. If prison regulations permit, the parole examiner may choose to discuss the PPRD recommendation directly with the inmate by telephone. The parole examiner must telephonically notify any inmate convicted on or before April 19, 1982, of the PPRD recommendation. Within 10 days of the parole examiner receiving the acknowledgment of interview signed by the inmate or witnessed by the case manager, the parole examiner will forward the recommendation along with acknowledgment of interview and any input statement to the Commission’s headquarters.

(13)(10) Upon receipt of the parole examiner’s recommendations, the Chairman or designee shall assign them to a quorum for decision making.

(14)(11) Within ninety days of the initial interview, the quorum shall reach a decision and notify the inmate of each recommendation made by a parole examiner and shall, based upon competent and persuasive evidence, determine whether the inmate is eligible for consideration for parole.

(a) If the parole examiner’s recommendation was that the inmate was not eligible for consideration for parole, and, as a result, the parole examiner did not forward a written recommendation for a presumptive parole release date, the quorum may remand the matter to the parole examiner for immediate consummation of the initial interview and written recommendation for a presumptive parole release date.

(b) If the parole examiner’s recommendation was that the inmate was eligible for consideration for parole and the parole examiner forwarded a written recommendation for a presumptive parole release date, the quorum shall:

1. Either establish a presumptive parole release date and inform the inmate in writing of its decision regarding the salient factor score, severity of offense behavior, aggravating or mitigating factors with individual particularity, calculation of time, and the established presumptive parole release date; or,

2. Determine that the inmate is not eligible for consideration for parole, and inform the inmate in writing as to the reasons for ineligibility and reschedule an initial interview for the inmate at an appropriate time.

(15) Presumptive Parole Release Date exceeds expiration of sentence: Pursuant to these rules, the Commission shall establish a presumptive parole release date for inmates found to be eligible for parole consideration. If the established presumptive parole release date exceeds the expiration of sentence date, that date shall not incarcerate the inmate past the expiration of his sentence.

Specific Authority 947.07 FS. Law Implemented 947.002, 947.16, 947.165, 947.172 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.06, Amended 1-26-93, 1-5-94, ________.

 

23-21.007 Salient Factor Scoring.

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

(1) NUMBER OF PRIOR CRIMINAL CONVICTIONS:

(a) Juvenile offenses, juvenile incarcerations, and misdemeanor convictions do not constitute criteria to be used in determining Recidivist Criminal Factor. Further, individual felony convictions within a single criminal episode result in the entire criminal episode being considered one prior felony conviction when computing the Recidivist Criminal Factor. Inmates who meet the criteria of the Recidivist Criminal Factor shall not be scored on the remaining six factors as the inmate automatically falls within the Recidivist Criminal Factor time ranges on the matrix. Once an inmate is found to meet the criteria to be scored in the Recidivist Criminal Factor time ranges, all rescoring on subsequent incarcerations must also fall in the Recidivist Criminal Factor time ranges.

(b) For purposes of scoring this item, do not count vagrancy, loitering, disorderly conduct, disturbing the peace, public drunkenness, disorderly intoxication, violations of local ordinances which would not constitute violations of State Law and noncriminal traffic infractions as prior criminal record. Convictions for prowling, trespassing, criminal mischief, malicious mischief, criminal contempt of court and failure to appear, shall be counted. Serious vehicular convictions which shall include but not be limited to driving while intoxicated or hit and run, shall be counted as prior criminal record.

(c) Count all prior juvenile sanctions which would have been criminal if committed by an adult. Do not count "status offenses," for example runaway, truancy, habitual disobedience, as prior criminal record. This does not, however, preclude a Hearing Examiner nor a quorum from considering such behavior as a negative indicant of parole prognosis.

(d) Count all prior military criminal convictions which would have been subject to civilian criminal law. Do not count military convictions for strictly military type offenses. However, this does not preclude considering serious misconduct as a negative indicant of parole prognosis.

(e) Count all pleas of guilty, pleas of nolo contendere or convictions which result from criminal offenses committed while on bail or probation for the present offense of conviction. Conduct resulting in diversion from the judicial process without a plea of guilty or a plea of nolo contendere or a specific finding of guilt, deferred prosecution, pretrial intervention, probation without plea, is not counted in scoring this item.

(f) Do not count the present state conviction or conviction resulting from the present offense behavior as a prior criminal record.

(g) Do not count offenses when adjudication is withheld, unless a sanction is imposed.

(h)(g) Setting aside or removal of juvenile or youth convictions or adjudications is normally for civil purposes. Such convictions or adjudications are to be counted as prior criminal record when assessing parole risk. Adult convictions which were set aside or pardoned on grounds of innocence are not to be counted. Convictions which were reversed on appeal or via post-conviction relief are not to be counted unless a retrial resulted in conviction or convictions.

(i)(h) If an inmate has maintained a conviction-free record in the community and has not been incarcerated or under court ordered or post release supervision for a period of ten consecutive years, the criminal record prior to the ten-year period shall not be counted for any salient factor. This shall not prevent consideration of such behavior as a negative indicant of parole prognosis. A substantial conviction-free period in the community not amounting to ten years may be considered as a positive indicant of parole prognosis.

(2) NUMBER OF PRIOR INCARCERATIONS:

Recidivist Criminal Factor as defined = RCF

Three or more prior convictions = 2 Points

One or Two prior convictions = 1 Point

No prior convictions = 0 Points

Two or more prior incarcerations = 2 Points

One prior incarceration = 1 Point

No prior incarceration = 0 Points

(a) For purposes of this item, count only imposed incarcerations of sixty days or more.

(b) Count all prior incarcerations, including commitments and placements in residential juvenile facilities resulting from a sentence imposed for a conviction.

(c) Count only incarcerations that were actually imposed; do not count confinement pending trial or adjudication as an incarceration unless the sentence was specifically to "time served." Concurrent or consecutive sentences for offenses in the same criminal episode are to be counted as a single incarceration.

(d) Count only incarcerations which were imposed and served prior to the receipt by commitment for the present offense of conviction. Incarcerations which were imposed after the commission of the present offense of conviction are not counted for purposes of this item; unless the incarceration resulted from a criminal offense committed while on bail or probation for the present offense of conviction. This does not preclude considering the commission of additional offenses as a negative indicant of parole prognosis.

(e) Incarcerations resulting from convictions which were set aside or pardoned on grounds of innocence are not to be counted nor are incarcerations imposed as a condition of probation.

(3) TOTAL TIME SERVED IN YEARS:

Two or more years served = 2 Points

Up to two years served = 1 Point

No time previously served = 0 Points

(a) Count all time imposed for all prior incarcerations for 60 days or more. Months or days should be aggregated to form years or fractions thereof.

(b) Score 2 if the total time served for all prior incarcerations is 2.0 years or longer.

(c) Score 1 if the total time served for all prior incarcerations is less than 2.0 years but more than 60 days.

(d) Score 0 if there are no prior incarcerations.

(e) Do not count time served on a conviction which was later set aside or pardoned on grounds of innocence or was an incarceration imposed as a condition of probation.

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

17 Years or younger = 2 Points

18 – 25 Years = 1 Point

26 Years or older = 0 Points

(a) Score 2 points if the inmate was less than 18 years of age at the time of the offense which led to the inmate’s first incarceration.

(b) Score 1 point if the inmate was 18 through 25 years old at the time of the offense which led to the inmate’s first incarceration.

(c) Score 0 points if the inmate was 26 years old or older at the time of the offense which led to the inmate’s first incarceration.

(d) For purposes of this item, count only commitments in which the sentence imposed was for 60 days or more.

(e) For the purposes of this item, if the inmate was placed on probation which later was revoked, use the age of the inmate on the date of the behavior leading to revocation. Do not use the age of the defendant at the time of the offense which led to the probation.

(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) NUMBER OF PROBATION, PAROLE OR MCR REVOCATIONS:

One or more revocations = 1 Point

No revocation = 0 Points

(a) For purposes of this item, "parole" includes mandatory conditional release (MCR), conditional release, control release, conditional medical release, addiction recovery supervision, and compulsory conditional release (CCR).

(b) Score 1 if the inmate has ever had parole revoked or if the inmate has ever had an adult probation revoked. However, do not count probation revocations which do not result in a sentence to incarceration for the offense for which probation was being served.

(c) Score 0 if the inmate has never had parole or probation revoked; if the inmate has only had juvenile probation revoked; or if the inmate’s only adult probation revocation did not result in a sentence to incarceration.

(d) Do not consider any parole revocation on a conviction which was later set aside or pardoned on grounds of innocence.

(e) More than one revocation of probation, parole, CCR or MCR shall be considered as a negative indicant of parole prognosis, and may be used as an aggravating factor.

(6) NUMBER OF PRIOR ESCAPE CONVICTIONS:

One or more prior escape conviction(s) = 1 Point

No prior escape conviction = 0 Points

(a) Score 1 if the inmate has ever been convicted of escape prior to the present offense of conviction.

(b) Score 0 if the inmate has no prior escape conviction.

(7) BURGLARY OR BREAKING AND ENTERING AS THE PRESENT OFFENSE OF CONVICTION:

Present Offense of Conviction includes a conviction for burglary or breaking and entering = 1 point

Otherwise = 0 Points

(a) Score 1 if the present offense of conviction for which the inmate has been convicted includes burglary or breaking and entering, whether or not a sentence to incarceration was imposed. Such conviction shall not form the basis for a decision outside the matrix time range.

(b) Score 0 if the present offense of conviction is not burglary or breaking and entering. Do not point convictions for entering without breaking, attempted burglary, attempted breaking and entering or possession of burglary tools.

(c) More than one conviction for burglary or breaking and entering may be considered as the basis for a decision outside the matrix time range as a negative indicant of parole prognosis.

(d) Do not score 1 point if the conviction of burglary or breaking and entering is a consecutive sentence. Such consecutive sentence shall be considered a negative indicant of parole prognosis and the basis for a decision outside of the matrix time range.

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, ________.

 

23-21.008 Severity of Offense Behavior.

The severity of offense behavior shall reflect the present offense of conviction’s degree of felony or misdemeanor. If the present offense of conviction involved multiple separate offenses, the severity of offense behavior shall be established for the most serious of the separate offenses which resulted in a sentence to incarceration or in a sentence to 60 days or more when aggregation is utilized, including sentences of 60 days or more to time served. The other offenses may can be used as aggravating factors whether those commitments are active or expired. This shall be applied to both offenses that led to either consecutive or concurrent sentences and convictions resulting in sentence disposition other than to incarceration. If the actual offense behavior was more or less severe than the present offense of conviction, a decision outside the matrix time range may be considered.

Specific Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.08, Amended 1-5-94, ________.

 

23-21.010 Decisions Outside the Matrix Time Range.

(1) The Commission may render a decision outside the matrix time range based on any competent and persuasive evidence relevant to aggravating or mitigating circumstances if the inmate is furnished a written explanation of such a decision. The requirements of competent and persuasive evidence are:

(a) That the information is specific as to the behavior alleged to have taken place, and

(b) The source of the allegation appears to be reliable.

(2) Information (for example information supporting a count of an indictment that was dismissed as a result of a plea agreement) may be relied upon as aggravating or mitigating circumstances provided it meets the competent and persuasive criteria. However, the following aggravating factors shall not be used:

(a) Any element of the crime;

(b) Information included in calculating the salient factor score;

(c) Information included in the severity of offense behavior; or

(d) Charges for which a person was acquitted after trial.

(3) The Commission shall use as an aggravating factor all existing consecutive sentences, including parole ineligible sentences. In so doing, a specific number of months shall be assessed for each consecutive sentence(s), even if one of such sentences is for the most serious offense as defined in these rules.

(4) The parole examiner must state in writing with individual particularity why the specific aggravation or mitigation factor(s) was recommended. This does not mean that those are the only situations in which a recommendation of aggravation or mitigation may be considered by a parole examiner, nor does it mean that a recommendation of aggravation or mitigation is mandated for every such case. The Commission’s adoption of a parole examiner’s recommendation without change adopts the parole examiner’s explanation of aggravation or mitigation. Additionally, the Commission is free to consider and apply aggravation or mitigation regardless of whether the parole examiner’s recommendation included the same and the Commission is free to disregard any recommendation by the parole examiner and independently recompute the Salient Factor Score, Severity of Offense Behavior and apply any aggravation or mitigation deemed necessary as long as the inmate receives in writing an explanation of such decision with individual particularity.

(5) Following are examples of situations in which a parole examiner or the quorum may wish to consider a recommendation of aggravation or mitigation. However, these are only examples and the Commission is not limited to only these examples as long as a written explanation of the factor is provided to the inmate:

(a) Aggravation – Decisions above the matrix time range:

1. Reasons related to aggravation of the severity of offense behavior can include:

a. The offense involved the use of a firearm or dangerous weapon;

b. The offense resulted in great bodily injury or pecuniary loss;

c. The offense involved multiple victims or knowingly created a great risk of bodily injury or death to many people;

d. The offense involved exceptionally brutal or heinous behavior indicative of wanton cruelty;

e. The offense was part of a large-scale organized scheme of criminal conspiracy;

f. The offense was committed against a victim known to be particularly vulnerable, such as elderly persons, physically or mentally handicapped persons, children;

g. The offense was committed in an unusually sophisticated manner;

h. Any additional offenses; The offense involved multiple separate offenses;

i. The inmate committed an offense while holding public office and the offense was related to his conduct in office;

j. The inmate committed an offense using his professional reputation or position in the community to effectuate the offense or to afford him an easier means of perpetrating it;

k. The inmate committed an offense for the purpose of avoiding or preventing a lawful arrest or effecting an escape;

2. Reasons related to likelihood of favorable parole outcome, negative indicants of parole prognosis can include:

a. The offense was committed while on bond, after bond was entreated or on release on recognizance;

b. The inmate has a history of alcohol or narcotics abuse;

c. The inmate has a history of assaultive or violent behavior;

d. The inmate has failed or refused to make restitution when he was able to do so;

(b) Mitigation – Decisions below the matrix time range:

1. Reasons related to mitigation of severity of offense behavior can include:

a. The crime neither caused nor threatened serious harm to persons nor property, or the inmate did not contemplate it would do so;

b. The inmate committing the crime was of such a young age as to diminish his capacity to fully understand the seriousness of his action and its direct consequences;

c. The victim of the crime induced or facilitated the offense;

d. There is substantial evidence tending to excuse or justify the crime, though failing to establish a defense;

e. The inmate acted under strong provocation or duress;

f. The inmate had only a peripheral role in the crime;

g. The inmate had diminished mental capacity to contemplate the seriousness of the offense;

h. There is confirmed evidence that the inmate attempted to withdraw prior to completion of the offense or attempted to make restitution prior to the discovery of the offense;

i. The inmate genuinely believed he had a claim of right (property offenses only);

2. Reasons related to likelihood of favorable parole outcome, positive indicants of parole prognosis can include:

a. The inmate has led a law-abiding life for a substantial period before commission of the crime;

b. The inmate’s past offenses were of a trivial nature;

c. The inmate has the availability of extremely strong community resources;

d. The inmate has made restitution to the victim of this crime for the injury, damage, or loss sustained;

e. The inmate has a poor medical prognosis;

f. The inmate has provided substantial cooperation to the government which has been otherwise unrewarded;

g. The inmate has served, or faces a substantial period of incarceration for other offenses;

h. The inmate has made a record of clearly exceptional program achievement; (This factor would normally not be applied at the time of the initial interview but may be applicable after a substantial period of incarceration)

i. The inmate is an alien and faces deportation under a deportation order or detainer which has been formally entered by the United States Immigration and Naturalization Service;

j. The inmate has spent a long period of incarceration in another jurisdiction(s).

Specific Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Formerly 23-21.10, Amended 1-26-93, 1-5-94, ________.

 

23-21.011 Calculating Time in Custody.

Time in custody means only time in actual physical custody for the present offense of conviction. Time out of incarceration shall be part of the calculation of time in custody. Time out shall include but not be limited to bail, supersedeas bond, escape, unauthorized absence from official custody, parole or MCR not credited by the Commission, or Federal Witness Protection and must be considered before a presumptive parole release date is established. Following are the procedures to be followed in calculating time in custody for single conviction commitments, multiple conviction commitments and cases where aggregation applies:

(1) Single Conviction Commitments:

(a) From the inmate’s judgment and sentence document, determine the date of sentencing of the present offense of conviction.

(b) From the judgment and sentence document, determine the amount of county jail credit the Court awarded the inmate.

(c) Subtract from the date of sentence the Court awarded county jail credit. This will reflect the date the inmate was in actual physical custody as determined by the Court.

(d) Subtract any credit awarded by the Commission.

(e)(d) 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, 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.

(f)(e) Determine the total number of months for incarceration and add that time to the "TIME BEGINS" date, as determined in Paragraph (e)(d) above. The resulting date will be either the recommended (by a parole examiner) or the established (by quorum) presumptive parole release date.

(2) Multiple Conviction Commitments:

(a) Examine all the judgment and sentence documents and determine the amount of county jail credit for each conviction that actually reflects the total time spent in custody. Subtract from the date of each sentence the Court awarded county jail credit for that sentence and use the earliest date computed. (Care must be taken in computing this time so that the inmate does not receive duplicate credit nor is the inmate to be denied authorized county jail time credit).

(b) Subtract any credit awarded by the Commission.

(c)(b) 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. This computation will produce the "TIME BEGINS" date.

(d)(c) Determine the total number of months for incarceration for the multiple conviction commitments and add that time to the "TIME BEGINS" date, as determined in paragraph (b) above. The resulting date will be either the recommended (by a parole examiner) or the established (by quorum) presumptive parole release date.

(3) Aggregation is intended to serve as a mechanism for uniformly evaluating criminal episodes which occur prior to discharge from incarceration or parole. When an examiner finds at an initial interview that an inmate has more than one criminal episode which occurred prior to his discharge from incarceration or parole, the examiner shall aggregate each applicable criminal episode’s present commitment. Inasmuch as all sentences must be considered for parole consideration, when an inmate has expired commitments without intervening periods of discharge from incarceration or parole, including sentences to "time served," resulting from previous criminal episodes, such expired commitments shall be considered present commitments for purposes of aggregation.

In the event the Commission does not revoke parole, such present commitment or commitment on which the inmate was paroled shall not be subject to aggregation.

Specific 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, ________.

 

23-21.012 Inmate Initiated Review of Presumptive Parole Release Date.

(1) An inmate can request one review of each initial presumptive parole release date established according to Section 947.173(1), F.S., if the inmate shows cause in writing, with individual particularities, within sixty (60) days after the date the inmate is notified of the establishment of decision on the presumptive parole release date. In that request for review, the inmate must address every matter with which he takes issue or exception. The Commission shall accept the request for review either from the inmate, from the inmate’s attorney or from a person with a power of attorney from the inmate. The request for review may be submitted on form PCG-5, which is hereby incorporated by reference. However, the The Commission shall not require any particular form for the request for review. The but the following matters must be included:

(a) Inmate name and Department of Corrections Prison Number;

(b) Inmate’s established presumptive parole release date;

(c) The case specific materials of which the inmate is requesting review:

1. Salient Factor Scoring;

2. Severity of Offense Behavior;

3. Aggravating or Mitigating Factors;

4. Calculation of Time in Custody.

(d) The relief sought by the inmate.

(e) The inmate can submit any written or printed evidence purporting to be an official court record. However, any such evidence shall be verified by the Commission and if verification proves any portion of the printed evidence to be invalid or false, the Commission shall inform the proper State Attorney.

(2) The Commission shall not entertain requests for review on any other Commission action review on any action regarding any action on biennial, effective, or special interviews.

(3) The Commission shall not entertain administrative review requests of full Commission actions declining to authorize effective parole release dates.

Specific Authority 947.07 FS. Law Implemented 947.173 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-21.12, Amended 1-26-93, 1-5-94, ________.

 

23-21.013 Subsequent Biennial Interview Procedure.

(1) The Commission Director of Parole Grant shall schedule a subsequent biennial interview for every eligible inmate as follows: within 2 years of the month of the inmate’s initial interview. Subsequent interviews will be scheduled every 22 months, unless otherwise specified by a panel or full Commission

(a) For any inmate, except an inmate convicted of an offense enumerated in paragraph (b), whose presumptive parole release date falls more than 2 years after the date of the initial interview, the Commission shall schedule a subsequent interview to take place within 2 years after the initial interview and at least every 2 years thereafter.

(b) For any inmate convicted of murder, attempted murder, sexual battery, attempted sexual battery, or who has been sentenced to a 25-year minimum mandatory sentence as previously provided in Section 775.082, F.S., and whose presumptive parole release date is more than 5 years after the date of the initial interview, the Commission shall schedule a subsequent interview to take place within 5 years after the initial interview and at least every 5 years thereafter if the Commission finds that it is not reasonable to expect that parole will be granted at a hearing during the following years and states the bases for the finding in writing.

(2) The parole examiner shall review the inmate’s institutional file to and determine if there is new information since the previous interview whether or not new information has been added since the date of the initial interview. Such Nnew information shall include new court actions; successful appeals of court actions; prison progress reports; disciplinary reports; psychological or psychiatric reports; gain-time and extra gain-time awards; vocational training or treatment programs successfully completed, in progress or abandoned; educational accomplishments or abandonments; work release or terminations of work release; pardons, sentence commutations, or expunctions of record, and any other aggravating or mitigating factors which were not included in the institutional file at the time of the previous initial interview.

(3) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida’s jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated. Inmates may waive biennial interview by preparing a written statement or by appearing before the parole examiner and announcing in person their waiver. In the event an inmate waives his biennial interview the parole examiner will review the contents of the institutional file and may formulate a recommendation based on the factors that could have been considered in the conduct of the biennial interview.

(4) The parole examiner shall discuss the information with the inmate and any Departmental representative. The Department’s Representative, if present, will be contacted and allowed to provide enter the Department’s recommendation directly on the biennial interview form and subsequently return that form to the parole examiner during the interview. The inmate will also be allowed to provide the parole examiner comments on the form or may ask the examiner to attach material(s) which the inmate wants the Commission to consider. Finally, tThe parole examiner shall request the inmate sign an acknowledgment that the inmate was present during the biennial subsequent interview and the examiner shall inform the inmate orally of the examiner’s final recommendation. The parole examiner shall reduce the recommendation to writing and send it to the Chair within 10 days of the interview.

(5) 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. The parole examiner shall reduce to writing its determination of matters it believes to be new information and shall recommend that the new information should:

(a) have no effect on the presumptive parole release date; or

(b) Have effect on the presumptive parole release date and should add or subtract an appropriate number of months to the presumptive parole release date. The parole examiner’s recommendation shall be sent to the Chair within 10 days of the biennial interview and the Chair shall assign the matter to a quorum

(6) Within ninety days following the subsequent biennial interview or receipt of the out-of-state materials, the quorum shall reach a decision on each biennial 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 release date.

(7) Inmates may waive a subsequent interview by preparing a written statement or by appearing before the parole examiner and announcing the waiver in person. If an inmate waives his subsequent interview the parole examiner will review the contents of the institutional file and will formulate a recommendation based on the factors that could have been considered in the conduct of the subsequent interview.

Specific 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, ________.

 

23-21.014 Special Interviews.

(1) The Commission or a quorum may instruct a parole examiner to conduct a special interview at any time during the incarceration portion of an inmate’s sentence. Such instruction shall contain a written statement setting forth the reason for the special interview and shall be made a part of the inmate’s Department file. The specific instruction, as well as any new information, shall be considered by the parole examiner when making a recommendation to the Commission.

(2) The recommendation of the parole examiner shall be forwarded to the Commission and a the quorum shall inform the inmate in writing of its decision regarding the presumptive parole release date within ninety days of the special interview.

(3) The Department of Corrections may can recommend a special interview or mitigation of an inmate’s presumptive parole release date. If the Department makes such a recommendation, staff will docket that recommendation for the Commission’s consideration be completed on an effective parole release date interview form for inmates participating in a Department of Corrections work release program. This recommendation will be made directly to the Regional Administrator, who in turn will immediately schedule the recommended inmate for interview. Following the conduct of this interview, the parole examiner will submit the Department of Corrections recommendation and his interview worksheets to the Commission for action. The Commission will consider the recommendation and determine whether to notice the court of the Commission’s intent to parole without an effective parole release date interview, pursuant to Section 947.1745, F.S.

(4) The Department of Corrections can recommend mitigation of an inmate’s presumptive parole release date via a Department of Corrections Progress Report according to the following procedures:

(a) The Department will include in a full Progress Report specific reasons that justify a change in the present PPRD. The Progress Report will update the inmate’s progress since the last parole interview and shall include:

1. What the inmate has done to benefit himself in self betterment programs;

2. The inmate’s work assignments and whether the assigned work has been critical to the operation of the institution or future employment opportunities;

3. The inmate’s adjustment within the institution, citing gain time earned and/or withheld with reasons for award/ forfeiture;

4. The inmate’s release plan including proposed residence and employment and whether the plan has been verified.

(b) Upon receipt of the Progress Report recommending mitigation of the PPRD transmitted by Department of Corrections Central Office staff, the Commission will docket the case for panel action.

(c) The panel can act upon the recommendation for mitigation without provision of a Special Interview. Under no circumstances, however, will this policy negate provision of an effective interview.

Specific Authority 947.07 FS. Law Implemented 947.174 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.14, Amended 1-26-93, 1-5-94, ________.

 

23-21.015 Effective Parole Release Date Interview Procedure.

(1) Within ninety (90) days before the effective parole release date interview, the Commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview. If the sentencing judge is no longer serving, the notice must be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge can designate any circuit judge within the circuit to act in place of the sentencing judge. Within thirty (30) days after receipt of the Commission’s notice, the sentencing judge or the designee shall send to the Commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge such objection may constitute good cause in exceptional circumstances as described in Section 947.173, F.S., and the Commission can schedule a subsequent interview per Rule 23-21.013, F.A.C. within two (2) years, extending the presumptive parole release date beyond that time. The same procedure will be followed with any subsequent review outlined herein. If the judge remains silent with respect to parole release, the Commission can authorize an effective parole release date. This procedure applies if the Commission desires to consider the establishment of an effective release date without delivery of the effective parole release date interview. Notice of the effective release date must be sent to the sentencing judge and either the judge’s response to the notice must be received or the time period allowed for such response must have lapsed before the Commission can authorize an effective release date. Within ninety (90) days before an inmate’s presumptive parole release date, the Commission Director of Parole Grant shall direct a Parole parole Examiner to interview the inmate for purposes of making a recommendation to the Commission on whether or not to authorize an effective parole release date and to establish a parole release plan.

(2) The Parole Examiner shall interview the inmate and discuss the inmate’s institutional conduct. The Parole Examiner shall request the inmate to present his parole release plan but shall not comment on the acceptability or suitability of that plan. If the inmate has no plan available, the Parole Examiner shall inform the inmate that the absence of a satisfactory parole release plan may on any effective parole release date established by the Commission shall be cause for the Commission to extend rescind the effective parole release date up to one year until a satisfactory parole release plan has been developed or cause for the parole release date to be extended not more than one year. At the close of the effective parole release date interview, the inmate shall be orally informed of the examiner’s final recommendation and shall be requested to sign an acknowledgment of presence at the effective parole release date interview.

(3) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida’s jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(4) Extension of presumptive parole release date: The pending prosecution of a criminal offense in a Florida Court, supported by information or indictment, alleged to have occurred during the service of the present sentence, may result in the extending of a presumptive or effective parole release date until resolution of the pending prosecution. The Commission shall, upon notice that the pending prosecution is completed, schedule the inmate for an interview.

(5)(3) The Parole Examiner shall reduce the recommendation regarding the inmate’s institutional conduct to writing and forward the recommendation those recommendations to the Commission. The Parole Examiner shall inform the Commission if, at the effective parole release date interview, new information, either favorable or detrimental, was discovered which might affect the presumptive parole release date. The Parole Examiner shall forward the inmate’s release plan to the Commission.

(6)(4) Within thirty (30) days after receipt of the inmate’s parole release plan at the Commission headquarters, the full Commission shall determine whether to authorize the effective parole release date. The inmate must be notified of the decision in writing within thirty (30) days after the decision of the Commission panel.

(7)(5) If the full Commission panel finds that the inmate’s parole release plan is unsatisfactory, this finding can constitute new information and good cause in exceptional circumstances as described in Section 947.173, F.S., under which the Commission a panel can extend a presumptive parole release date for not more than one year. The Commission panel can review any subsequently proposed parole release plan at any time.

(8)(6) The decision whether to authorize an effective parole release date requires a two-part analysis. In part I the Commission quorum shall determine whether new information has been gathered which requires modification of the presumptive parole release date. Should the Commission quorum decide to modify the presumptive parole release date it shall enter a written order extending the presumptive parole release date declining to authorize the effective parole release date, vacating the presumptive parole release date, and establishing a new presumptive parole release date. Additionally, the order shall state, with particularity, the reason or reasons for extending modifying the presumptive parole release date and shall inform the inmate of the date scheduled for his next effective parole release date interview.

(9)(7) Where the Commission quorum does not modify the presumptive parole release date during part I of the effective review process, it shall proceed to part II of the effective parole release date review. During this portion of the review, the Commission quorum shall determine whether the inmate meets the criteria for parole release under the provisions of Section 947.18, F.S. This determination is to be based upon a review of the entire official record in the inmate’s case. If the inmate is found to meet the criteria for parole release, an effective parole release date should be authorized. If the inmate is found to be ineligible for parole release, however, the Commission quorum shall enter an order declining to authorize the effective parole release date and referring the case to the Commission for extraordinary review. Such review shall in turn be conducted within thirty days after the quorum’s decision declining to authorize the effective parole release date. The inmate shall be informed of the decision on extraordinary review within thirty days of the Commission’s decision.

(10)(8) If the Commission quorum establishes an effective parole release date, the Commission Director of Parole Grant shall reduce the term and conditions of the inmate’s parole to writing and inform the inmate of those conditions and term.

(9) Any release plan found to be unsatisfactory shall cause an effective parole release date to be delayed as follows:

(a) For inmates convicted on or before April 19, 1982, their release date may be postponed for thirty days. On or before the thirty-first day, the Commission shall either parole the inmate or cause a parole examiner to conduct a rescission hearing on the matter of the infraction or infractions, new information, acts or unsatisfactory release plan, as charged.

(b) For inmates convicted on or after April 20, 1982, their release date may be postponed for sixty days. On or before the sixty-first day, the Commission shall either parole the inmate or cause a parole examiner to conduct a rescission hearing on the matter of the infraction or infractions, new information, acts or unsatisfactory release plan, as charged.

(10) Any effective parole release date authorized by the quorum is contingent upon satisfactory institutional conduct. If after the establishment of an effective parole release date, the inmate’s institutional conduct becomes unsatisfactory, or new information is acquired which was not available at the time of the effective parole release date interview, the inmate’s release can be rescinded.

(11) In establishing the term of parole, the Commission shall examine the inmate’s sentence structure for the purpose of determining the existence of consecutive sentences. If it is discovered that consecutive sentences exist, the parole term shall be established for the maximum of the total sentence structure. In all cases, if the term of parole exceeds two years the Commission shall advise the parolee in writing of the reasons for the extended term.

(12) When new information is received by the Commission subsequent to the grant of parole, to include an unsatisfactory release plan, unsatisfactory institutional conduct, or any other new information previously not available to the Commission at the time of the effective parole release date interview that would impact the Commission’s decision to grant parole, the effective parole release date may be postponed by any Commissioner as provided in Rule 23-21.019, F.A.C.

(13) If an inmate refuses parole, the Commission shall nullify the grant of parole and the presumptive parole release date may be extended up to the maximum release date. The Commission shall continue to interview the inmate per Rule 23-21.013, F.A.C. Should an inmate waive his effective interview or at the time of the effective interview the inmate indicates his unwillingness to accept parole, the presumptive parole release date may be extended up to his maximum release date. The Commission shall continue to interview the inmate per Rule 23-21.013, F.A.C.

Specific 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, ________.

 

23-21.0155 Extraordinary Interview and Review Procedures.

Where an inmate’s case is referred to the Commission for extraordinary review, the following procedures shall be utilized:

(1) The Commission shall independently review the complete official record in the inmate’s case to determine whether he is eligible for parole release.

(2) If a majority of the Commission finds the inmate to be eligible for parole release, the Commission shall enter an order authorizing the inmate’s effective parole release date. Thereafter, the inmate’s actual release on parole shall occur on his effective parole release date subject to the provisions of law authorizing postponement or rescission of an order of parole due to an unsatisfactory release plan, unsatisfactory institutional conduct or acquisition of new information not available at the time of the effective parole release date interview.

(1)(3) When an inmate’s case is referred for extraordinary review by the Commission, an order shall be prepared outlining the reason(s) for the Commission’s decision. The order shall be acted upon by the Commission within 60 days of the decision declining to authorize the effective parole release date. If less than a majority of the Commission finds the inmate to be eligible for parole release, the Commission shall enter a written order refusing to authorize the effective parole release date and scheduling an extraordinary interview within two years from the date of the effective parole release date interview. The Commission’s order shall specifically state the reasons for finding the inmate to be a poor ineligible candidate for parole release pursuant to Section 947.18, F.S., and shall identify the information relied upon in reaching this conclusion. Additionally, the order shall suspend the established presumptive parole release date until such time that the inmate is found to be a good candidate eligible for parole release. The determination, on extraordinary review, that an inmate is not eligible a good candidate for parole release shall have the effect of overriding his guideline-determined presumptive parole release date however, the inmate shall continue to receive extraordinary interviews which shall be scheduled pursuant to Rule 23-21.013, F.A.C, on a biennial basis.

(2) If upon extraordinary review, a majority of the Commission finds the inmate to be a good candidate for parole release pursuant to Section 947.18, F.S., the Commission shall enter a written order authorizing the effective parole release date and outlining the term and conditions of parole.

(4) In conducting extraordinary interviews, examiners shall follow the procedures specified in these rules for conducting effective parole release date interviews and, additionally, shall obtain information relevant to the Commission’s previous determination that the inmate was ineligible for parole release. Each extraordinary interview shall be completed no later than two years after the inmate’s last effective or extraordinary interview. Within thirty days after receipt of the interviewing examiner’s recommendations, the Commission shall conduct an extraordinary review and shall again determine whether the inmate is eligible for parole release and whether or not to authorize an effective parole release date. The inmate shall be informed in writing of the Commission’s findings on extraordinary review within thirty days of the Commission’s decision.

(5) If, as a result of extraordinary interview, the Commission finds the inmate to be eligible for parole release, it shall order his release on parole to begin within sixty days from the date of the Commission’s decision. Thereafter, actual release on parole is subject to the provisions of law authorizing postponement or rescission of an order of parole due to an unsatisfactory release plan, unsatisfactory institutional conduct, or acquisition of new information not available at the time of the most recent effective or extraordinary interview.

(6) If, as a result of extraordinary interview and review, the Commission finds that the inmate continues to be ineligible for parole release, the Commission shall again state the reasons and record support for this finding and shall again refuse to authorize an effective parole release date. Finally, the Commission shall schedule a subsequent extraordinary interview to be conducted no later than two years from the date of the last extraordinary interview. Thereafter, such extraordinary interviews and reviews shall be performed in accord with this rule and shall continue until the Commission finds the inmate to be eligible for parole release or he otherwise satisfies his term of incarceration.

Specific Authority 947.002, 947.07 FS. Law Implemented 947.18 FS. History- New 8-1-83, Formerly 23-21.155, Amended ________.

 

23-21.016 Notice to Local Agencies.

(1) Subsequent to the Commission’s establishing an inmate’s effective parole release date, the Director of Parole Grant shall provide written notice to the original sentencing judge, the appropriate 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. In the event the original sentencing judge is no longer available, notice shall be sent to the chief judge of the circuit in which the offender was sentenced.

(2) No notice shall be required for potential parolees being released to jurisdictions outside of the State of Florida.

Specific Authority 947.20, 947.07 FS. Law Implemented 947.175 FS. History- New 9-10-81, Amended 8-1-83, Formerly 23-21.16, Amended 1-26-93, Repealed ________.

 

23-21.0161 Extraordinary Interview Procedure.

(1) In conducting extraordinary interviews, examiners shall follow the procedures specified in these rules for conducting effective parole release date interviews and, additionally, shall obtain information relevant to the Commission’s previous determination that the inmate was not a good candidate for parole release. The Parole Examiner shall reduce his recommendation to writing and forward it to the Commission within 30 days. The Commission shall independently review the complete official record in the inmate’s case. The inmate shall be informed in writing of the Commission’s findings on extraordinary review within thirty days of the Commission’s decision.

(2) If, as a result of extraordinary interview, the Commission finds the inmate to be a good candidate for parole release, it shall establish an effective parole release date within two years from the date of the Commission’s decision and schedule a new effective interview, if needed. Thereafter, actual release on parole is subject to the provisions of law authorizing postponement or rescission of an order of parole due to an unsatisfactory release plan, unsatisfactory institutional conduct, or acquisition of any other new information not available at the time of the most recent effective or extraordinary interview and as provided in Rule 23-21.019, F.S.

(3) If, as a result of extraordinary interview, the Commission finds that the inmate continues to be a poor candidate for parole release, the Commission shall again state the reasons and record support for this finding and shall again refuse to authorize an effective parole release date. Finally, the Commission shall schedule a subsequent extraordinary interview pursuant to Rule 23-21.013, F.A.C. Thereafter, such extraordinary interviews shall be performed in accord with this rule and shall continue until the Commission finds the inmate to be a good candidate for parole release or he otherwise satisfies his term of incarceration.

Specific Authority 947.002, 947.07, 947.20 FS. Law Implemented 947.18 FS. History–New ________.

 

23-21.0165 Conditions of Parole.

(1) The following are the Standard Conditions of Parole:

(a) Condition 1 – Promptly upon being released on parole, I shall proceed to ___, where I shall reside. Immediately upon my arrival, I shall report by mail, telephone, or personal visit to the parole supervisor and probation supervisor under whose supervision I am to be paroled. The parole supervisor’s officer’s and probation supervisor’s name and address is: ___.

(b) Condition 2 – I shall secure the permission of my parole 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) Condition 3 – I shall submit a full and truthful report to my parole officer before the fifth day of each month in writing on the forms provided or in person.

(d) Condition 4 – I shall not:

1. Use alcohol or intoxicants of any kind to excess,

2. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

(e) Condition 5 – I shall not knowingly associate with any person who is engaging in any criminal activity.

(f) Condition 6 – I shall secure the permission of my parole officer before I own, carry or have in my constructive possession a firearm, knife or any other item capable of being used as a weapon.

(g) Condition 7 – I shall obey all laws, ordinances and statutory conditions of parole.

(h) Condition 8 – I shall:

1. Submit to a reasonable search by a parole officer, of my person, residence or automobile,

2. Waive extradition back to the State of Florida if I am wanted for return as an alleged parole violator,

3. Permit my parole officer to visit me at my residence, employment or elsewhere,

4. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my parole officer or the Commission.

(i) Condition 9 – I understand that I am to remain on parole until released therefrom by expiration or by Commission order.

(j) Condition 10 – During my parole term, I agree to submit to random testing as directed by my supervising officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111, F.S., or Chapter 893, F.S.

(k) Condition 11 – During my parole term, I agree to submit and pay for urinalysis testing to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111, F.S., or Chapter 893, F.S. identify drug usage and understand that my failure to make such payment or participate as defined under this condition of my parole may will be considered grounds for revocation of parole by the Parole Commission.

(l) Condition 12 – I agree to pay cost of supervision and rehabilitation as calculated and assessed by the Department of Corrections as provided and required in Section 948.09, F.S.

(2) There can also be imposed special conditions of parole. In the event the Commission elects to order an inmate released on parole, the record of such decision shall reflect whether or not a special condition of restitution is appropriate to the case being considered. In reaching the decision, the Commission shall review the analysis provided by its parole examiner plus any other facts relevant to the issue of restitution.

(a) If restitution is ordered to become a special condition of the parole release, the Commission shall require full payment of the damage or loss sustained by the victim(s), unless reasons exist to not order full restitution. Examples of possible reasons why the Commission would order partial restitution are:

1. The inmate’s employment ability is limited or the inmate is dependent on others for a livelihood.

2. The inmate cannot realistically make full restitution and concurrently provide a means of financial support for himself and for his dependents.

(b) If the Commission determines the restitution is factually supportable for a given case, it can elect not to order restitution as a special condition of parole. The election to not order restitution shall be supported by reasons which are announced on the record at the time of the decision. Examples of reasons are:

1. It has been determined that the location of the victim is not known and reasonable effort to locate the victim has transpired; therefore, payment of restitution to the victim is not possible.

2. The victim has stated that restitution is not desired.

3. The amount of restitution cannot be determined.

(c) In the event the case record reflects an absence of needed information regarding an amount of loss, location of victim or other relevant facts, the parole examiner assigned to provide the effective interview shall generate an investigation request to the appropriate Commission field office. A copy of such request will be attached to the effective interview material. Upon receipt of a restitution investigation request, the Commission field office shall promptly cause an investigation to be conducted, submitting results to the Commission’s central office.

(d) In the event the Commission elects to enter into a Mutual Participation Program agreement, the terms of any agreement shall include provisions for restitution if applicable. The determination of whether restitution should be made and such amount shall be determined prior to the time of negotiation.

(e) In addition to the question of restitution, the parole examiner staff and the Commission shall provide analysis of each case regarding the existence of any "debt to the State" as defined in Section 960.17, F.S. If it is determined that such debt exists, the Commission shall order repayment of the debt by way of special condition of parole unless reasons as in the case of restitution are applicable. The record of the Commission decision on payment of any debt to the State will be the record of the Commission meeting at the time the decision is made.

(3) The Commission is authorized to impose special conditions of parole other than those concerning restitution.

(4) The Commission has authority to require an inmate be placed in the Community Control Program of the Department of Corrections, as a special condition of parole. The term of community control supervision shall not exceed six (6) months. In every case in which the Commission decides to place an inmate on community control as a special condition of parole, the Commission shall provide a written explanation of the reasons for its decision.

Specific Authority 947.07, 947.20 FS. Law Implemented 947.20, 947.23 FS. History–New 8-1-83, Formerly 23-21.165, Amended 1-26-93, 1-5-94, ________.

 

23-21.017 Review of Term and Conditions of Parole.

(1) Within 30 days of the effective parole release date interview, the Commission Director of Parole Grant shall inform the inmate of that the quorum has authorized the inmate’s effective parole release date. The inmate shall be provided with a certified copy of the term and conditions for assigned by the quorum to the inmate’s individualized parole. The inmate shall be informed that his release on the effective parole release date is contingent upon a satisfactory release plan and continued satisfactory institutional conduct.

(2) The inmate can request one review of the term and conditions of the parole. This Said review must be initiated within 120 days of the date the Commission Director of Parole Grant provided a certified copy of the term and conditions to the inmate of the inmate’s individualized parole.

(3) Notwithstanding any pending request for review of term and conditions of parole, any failure by a prospective parolee to sign an official Parole Certificate constitutes refusal of parole and the inmate shall not be released on parole. During the pendency of the aforementioned review period, the term and conditions of the parole, set forth in writing, will apply be applicable to the parolee. No any person released on parole, and no person will be so released without a his signed acknowledgment and acceptance of the those conditions and term.

(4) The Chair shall assign the request to modify the term and conditions of parole to a quorum other than the quorum that authorized the original conditions of parole. The Commission quorum shall consider any review the request to modify the term and conditions of parole and render a written decision to continue or to modify the term and conditions of parole, specifying the reasons therefor and inform the inmate/ parolee of the decision in writing within 30 days of the date of receipt of request for review. If the Commission that quorum determines that the term and conditions shall not be modified, the original term and conditions remain binding on the inmate/ parolee. If the Commission quorum determines that the term and conditions should be modified, those modified term and conditions become binding on the parolee/ inmate when those conditions and term are signed, acknowledged and accepted by the inmate/parolee.

(5) The Release Services Supervisor Director of Parole Grant is authorized to issue a corrected an Amended Certificate of Parole. This authority shall be restricted to those cases in which the special condition(s) or term of parole has been incorrectly stated in the original certificate as ordered by the Commission and the amended certificate is required to correct the original certificate to reflect the proper condition(s) or term.

(6) The Commission has authority, at any time during the term of parole to review the previously established term or conditions of parole and order the issuance of an Amended Certificate of Parole modifying such term or conditions based on change of circumstances, or discharge the person from parole. Such modification should not impose a new or different term or condition of parole that is more restrictive than what was stated in the original certificate. More restrictive modifications may only be made during the revocation process, under Rule 23-21.022, F.A.C.

(7) The Commission shall review the progress of each person who has been placed on parole after two years of supervision in the community and not less often than every two years biennially thereafter. Such reviews must include consideration of whether to modify reporting schedules, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a parolee on quarterly, semiannual or annual reporting, the following definitions will be applicable:

(a) Quarterly Reporting – One personal contact required every three months.

(b) Semiannual Reporting – One personal contact required every six months.

(c) Annual Reporting – One personal contact required every twelve months.

(8) The Commission shall give specific instructions reflecting whether the personal contact is to take place in a formal office setting or in a setting to be determined by the parole officer. The Commission shall also give specific instructions establishing the method of payment for cost of supervision.

Specific Authority 947.07, 947.20 FS. Law Implemented 947.19, 947.20 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-21.17, Amended 1-26-93, 1-5-94, ________.

 

23-21.018 Disposition of Cases Involving Parole Ineligible Sentences Special Types of Cases Under the Guidelines.

(1) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida’s jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(2) Extension of presumptive parole release date: The pending prosecution of a criminal offense in a Florida Court, supported by information or indictment, alleged to have occurred during the present sentence, may result in the extending of a presumptive or effective parole release date until resolution of the pending prosecution. The Commission shall, upon notice that the pending prosecution is completed, schedule the inmate for an interview.

(3) Parole or MCR revocation with a new felony or misdemeanor conviction: Inmates whose parole is revoked after conviction for a new felony or misdemeanor offense, and who are committed to a jail, stockade or correctional institution will be considered under these guidelines as a new admission and the Commission can use concurrent new commitments as aggravation or aggregation in the establishment of a presumptive parole release date. Further, the Commission shall aggravate or aggregate each consecutive sentence.

(4) Violation of the conditions of parole for grounds other than for a new conviction: An inmate who is found guilty for a violation of the conditions of his parole on grounds other than for the commission of a new felony or misdemeanor offense may be reinstated to parole. However, that policy may be disregarded if:

(a) The preponderance of available evidence suggests that the parolee would pose a danger to public safety or would likely engage in new criminal conduct if reinstated to parole; or

(b) The parolee has multiple revocations for violations of the conditions of his parole under the current sentence; or

(c) The parole behavior demonstrates the inability or unwillingness of the parolee to conform to minimum parole restraints so as to prevent successful completion of the Court imposed sentence outside of actual confinement. Any parole or MCR violation leading to revocation is the manifestation that the parolee’s record during confinement was NOT good. These inmates will be scheduled for interview to determine whether or not they are eligible for consideration for parole within 6 months of the revocation.

(5)(a) In cases where an inmate was convicted and sentenced to a mandatory minimum sentence on or before April 19, 1982, the mandatory minimum sentence is binding; however, the Commission will schedule an initial interview within the previously authorized statutory time constraints.

(b) Cases where an inmate was convicted and sentenced to a mandatory minimum sentence on or after April 20, 1982, will be scheduled for an initial interview pursuant to paragraph 23-21.006(3)(b), F.A.C.

(6) Presumptive Parole Release Date exceeds expiration of sentence: Pursuant to these rules, the Commission shall establish a presumptive parole release date for inmates found to be eligible for parole consideration. If the established presumptive parole release date exceeds the expiration of sentence date, that date shall not incarcerate the inmate past the expiration of his sentence.

(7) Conviction for crimes committed while incarcerated: Escape or any other crime committed during incarceration with an ensuing conviction and sentence vacates any previously established presumptive parole release date and shall cause the inmate to be considered a new admission. If the inmate is found to be eligible for consideration for parole on the ensuing sentence(s) the Commission shall aggregate. If the inmate’s ensuing sentence(s) are not parole eligible, the Commission can use these new commitments as aggravation in the establishment of a new presumptive parole release date.

(1)(8) Disposition of Cases Involving Parole Ineligible Sentences. Any inmate who is serving both parole eligible and ineligible sentences is eligible for parole consideration only on the eligible sentence or sentences. However, actual terms of parole service shall not be initiated until the satisfactory completion of the parole ineligible sentence and subsequent review by the Commission.

(a) If an inmate received a parole ineligible sentence under the provisions of Chapter 921, F.S., subsequent to or at the same time he received a parole eligible sentence, then he shall receive his initial interview in accordance with subsection 23-21.006(2), F.A.C. The Commission shall establish a presumptive parole release date and conduct subsequent reviews in a manner consistent with current law and administrative rules.

(b) Upon the Commission reaching a decision to authorize the establishment of an effective parole release date, an order granting parole shall be entered which shall specify that such order is applicable only to sentences which are parole eligible. The order shall contain appropriate language to ensure that all interested parties are clear as to the limited effect of such order.

(c) Upon the completion of the parole ineligible sentence as determined by the Department of Corrections, an interview shall be scheduled and conducted for the purpose of considering any new information and to obtain a release plan from the inmate. The inmate’s case shall be placed on the Commission agenda following the interview at which time a decision shall be made regarding the inmate’s release on parole.

1. If no new information is received which would negatively impact the release the decision is to release the inmate on parole, the Commission shall establish a term of parole and such conditions of parole shall be determined in a manner currently provided for by law, except that the time the inmate served subsequent to the grant of parole shall not be counted.

2. If the Commission decides not to release the inmate on parole, based on an unsatisfactory release plan, unsatisfactory institutional conduct or any other new information that would impact the release decision, the Commission shall cause a rescission hearing to be held to review the new information. Following the rescission hearing, the Commission shall either proceed with parole or rescind the parole and extend the presumptive presumption parole release date, from the date of the grant of parole. However, the time the inmate served subsequent to the grant of parole shall not be counted in the extension. A new interview date will be scheduled as necessary.

Specific Authority 947.07 FS. Law Implemented 947.13, 947.168 FS. History- New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.18, Amended 1-26-93, 1-5-94, ________.

 

23-21.019 Parole Rescission.

(1) Any Commissioner has authority to postpone any inmate’s effective parole release date based on the criteria set forth in subsection 23-21.015(12) and subsection 23-21.016(2), F.A.C. Should any person who has been voted an effective parole release date, become the subject of inmate disciplinary or classification proceedings, or become the subject of criminal arrest, information or indictment, or be terminated from work release for cause or should the release plan prove unsatisfactory prior to actual physical release from the institution of confinement, or new information is acquired which was not available at the time of the effective parole release date interview, any Commissioner has authority to postpone his release date.

(a) For inmates convicted on or before April 19, 1982, their release date may be postponed for 30 days. On or before the 31st day, the Commission shall either parole the inmate or cause a parole examiner to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(b) For inmates convicted on or after April 20, 1982, their release date may be postponed for 60 days. On or before the 61st day, the Commission shall either parole the inmate or cause a parole examiner to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(2) Following the order of postponement, notice of the rescission hearing shall be provided to the inmate. The rescission hearing shall be conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission.

(3) Should new information become available prior to the rescission hearing that is pertinent to the postponement, the Commission may proceed with parole and void the postponement if:

(a) Information is received that a disciplinary report(s) has been overturned or become invalid,

(b) An out-of-state plan acceptance is received,

(c) A new plan is received by the Commission that is deemed acceptable, or

(d) Other new information is received regarding the postponement issue(s).

(4)(2) At the rescission such hearing the inmate shall be afforded all due process safeguards required by the Supreme Court of Florida case of Demar vs. Wainwright, 354 So. 2d 366 (Fla. 1977) and shall be properly notified of the same prior to said hearing. The following rights shall be explained to the inmate regarding the rescission hearing:

(a) To appear and speak in behalf of his own defense,

(b) The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778,

(c) To examine and have disclosed for examination, all evidence offered against him at the hearing,

(d) To secure by subpoena and subpoena duces tecum and present at the hearing, persons and documents desired for defense, provided that the Commission is notified in writing, at least seven days prior to the hearing of the names, addresses, location, nature and description of said persons or documents,

(e) To confront and cross-examine all witnesses offered against him, unless the Commission or member thereof conducting the hearing finds good cause not to allow the same. Good cause shall be established in writing and provided to the inmate.

(5) Following the rescission hearing, the Commission shall determine whether good cause has been established to rescind parole. One of the following actions shall then be taken:

(a) Parole. If the prior effective date has not passed, the Commission shall proceed with parole. If the prior effective parole release date has passed, the Commission shall rescind the grant of parole, vacate the prior effective parole release date, and establish a new effective parole release date. New conditions to the parole may be added at this time.

(b) Extend. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and extend the presumptive parole release date from the date of grant of parole. The time served by the inmate subsequent to the grant of parole shall not be counted in the extension. In this case, a new interview date shall be set.

(c) Decline. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and decline to authorize parole in accordance with Section 947.18, F.S. In this case all time frames and procedures outlined in Rule 23-21.015, F.A.C., shall be followed.

Specific Authority 947.07 FS. Law Implemented 947.13, 947.1745 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.19, Amended 1-26-93, 1-5-94, ________.

 

23-21.020 Early Termination of Parole.

(1) The Commission may terminate the period of parole at any time it is satisfied jurisdiction has been retained for sufficient length of time to evidence satisfactory rehabilitation. The Department of Corrections Secretary may request early termination of parole by written recommendation to the Commission to include a report from the supervising officer evidencing the justification for the recommendation and the counter-signature endorsing the recommendation by the parole officer’s supervisor which recommendation will be considered by the Commission.

(2) The Commission shall be notified and must concur in authorizing any Florida parolee to permanently relocate where supervision under the Interstate Compact is unavailable. The Chair or his designee may authorize temporary absences for vacation and visits to locales where Interstate Compact supervision is unavailable.

Specific Authority 947.07 FS. Law Implemented 947.24, 947.13 FS. History- New 9-10-81, Amended 10-1-82, Formerly 23-21.20, Amended 1-26-93, 1-5-94, ________.

 

23-21.021 Warrant and Arrest.

(1) A warrant for the arrest of a parolee or releasee shall be issued only by a member of the Commission. The decision to issue a warrant shall be based on evidence which indicates that there may be probable cause or reasonable grounds to believe that a parolee or releasee has violated the conditions of the parole or compulsory conditional release. The decision shall also be based on adequate evidence which indicates a probable serious or repeated pattern of violation of parole or compulsory conditional release. The issuance of a warrant is discretionary and will depend on the facts of the individual case.

(2) Warrant All warrant requests will be reviewed by Commission staff of the Commission for sufficiency of information, and if found sufficient, staff will submit the warrant request to a Commissioner will be submitted to a member of the Commission for a decision on the warrant request. Authority is delegated to the Commission’s revocation staff to concur with the Department of Corrections when a violation of parole is reported by the Department of Corrections with the recommendation to continue supervision and a violation warrant is not requested. This delegation of authority is further limited to reports of violation of a technical or misdemeanor nature and does not apply to reports of felony arrests or violation of special conditions, except monetary conditions where there is no apparent ability to pay.

(3) Should a reviewing Commissioner elect, a warrant request may be submitted to the Commission for a decision. Commission staff may elect to docket warrant requests for a Commission decision with approval of the Revocation Administrator. In the event a request for a warrant is denied, the denial may be determined only by a Commissioner or panel of no fewer than two Commissioners and the reasons for the denial shall be provided to the requester.

(4) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. The warrant information will be entered into the Florida Crime Information and National Crime Information databases, unless the alleged parole violator is in custody in Florida. Cases who have been identified as absconders will be entered into the Florida Crime Information Center. The Commission has the authority If necessary, the Commission may elect to pursue extradition of alleged violators from other jurisdictions.

(5) Should a warrant be issued, and a dismissal of the warrant is requested by the Revocation Administrator or his designee, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause.

Specific Authority 947.07, 947.22 FS. Law Implemented 947.22, 947.23 FS. History–New 9-10-81, Amended 7-1-84, Formerly 23-21.21, Amended 1-26-93, 1-5-94, ________.

 

23-21.022 Revocation of Parole and Compulsory Conditional Release; Preliminary Hearings; Final Hearings.

(1) Preliminary Hearing. Within 30 days of service or filing of the Commission’s warrant in this State, an alleged parole or compulsory conditional release violator will be provided a preliminary hearing. The purpose of the preliminary hearing is will be to determine if there is may be probable cause to believe that a violation of parole terms or conditions of the parole or compulsory conditional release has occurred.

(2) Prior to the preliminary hearing, an interview with the alleged violator will be held at which time an explanation of all rights and procedures will be afforded. The interview and preliminary hearing can be held by a Commission representative, such as a parole examiner, provided such representative is neutral and detached.

(3) The preliminary hearing will be held in or near the community where the violation is alleged to have occurred or where the parolee or releasee has been taken into custody on the Commission’s warrant.

(4) For the preliminary hearing, the parolee or releasee shall be afforded the following rights:

(a) The opportunity to be present at the hearing and to present evidence in the parolee’s or releasee’s own behalf including the securing of witnesses and evidence by subpoena.

(b) The opportunity to have disclosed the evidence which shall be presented at the hearing.

(c) The opportunity to confront and cross-examine witnesses who may give adverse testimony.

(d) The opportunity to be represented by counsel provided by the parolee’s or releasee’s own initiative or by appointed counsel should the parolee or releasee qualify for such appointment as set forth in the guidelines enunciated in Gagnon v. Scarpelli, 411 U.S. 778.

(5) Prior to the preliminary hearing, the parolee or releasee may elect to waive such hearing, provided such waiver is executed in writing and follows a full explanation of all rights, procedures, and possible consequences. The parolee or releasee may also request postponement of the preliminary hearing, such postponement and the reasons thereof being reflected in the record. Should the parolee or releasee fail to contact the Commission and request a hearing upon the disposition of local charges resulting in a sentence to incarceration, the parolee or releasee has waived his right to a preliminary hearing.

(6) At least 7 days prior to the preliminary hearing, the parolee or releasee shall be informed in writing of the date, time, and location of the hearing. The parolee or releasee shall also be informed in this notice of the charges which are to be considered at the hearing and the notice shall contain all rights regarding the hearing as heretofore stated.

(7) The Commission representative who is responsible for holding the preliminary hearing shall have the authority to administer oaths to all witnesses. The Commission representative is responsible for the conduct of the hearing, evaluation of evidence presented and shall make findings based on such evidence with respect to the issue of probable cause. Following all testimony, the Commission representatives shall announce, verbally, the findings regarding probable cause issues and shall promptly provide a written statement of the findings to the parolee or releasee within 30 days following the hearing.

(8) Following the hearing, the Commission representative shall prepare a written summary of the hearing. The written summary, which will include recommendations for further Commission action, shall be transmitted to the Commission for action.

The written summary shall also contain any mitigating circumstances which are brought to light as a result of the proceeding and a statement on realistic alternatives to further incarceration, if any.

(9) Should the Commission representative not find probable cause, that representative is authorized to have the parolee or releasee released on his or her own recognizance pending final action of the Commission.

(9)(10) Upon receipt of the preliminary hearing summary, the Commission shall review same and make a further decision with respect to possible restoration to parole or compulsory conditional release supervision, the release and discharge from further supervision of the parolee or releasee or the return of the parolee or releasee for a final revocation hearing.

(10)(11) Any parolee or releasee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of release on recognizance bond regarding the Commission warrant. Such hearing may be held by a Commission representative, who shall provide the Commission with a written report regarding the hearing after which the Commission shall make a decision and inform the parolee or releasee. A Commissioner, or Commission representative with the approval of the Director of Field Services/ Revocation or his designee, is authorized to order a parolee or releasee released on his recognizance. However, the parolee or releasee must sign a written statement agreeing:

(a) To waive all time constraints to conduct the revocation hearing;

(b) To abide by all conditions of release previously imposed by the Commission;

(c) To abide by any special conditions imposed at the time of release on recognizance, and

(d) That his release on recognizance is subject to review and approval by the Commission or the Commissioner who executed the warrant, or the Chair in his absence, and that should his release on recognizance be disapproved, the parolee must surrender himself for return to custody pending disposition of the alleged violation. Failure to surrender shall result in the rearrest of the parolee or releasee.

(11)(12) If the Commission decides to conduct a final revocation hearing, an order shall be entered to that effect. A notice of that order shall be served upon the sheriff of the county in which the alleged parole or compulsory conditional release violator is being detained. The Commission may request The notice shall request the immediate transfer of the alleged violator to an appropriate Department facility. The final revocation hearing shall be noticed and convened within 60 days of receipt of written notification from the Department of the return of the alleged violator to the custody of the Department. If the alleged violator is already in the custody of the Department from another jurisdiction, or has been released on recognizance, or the Commission has elected not to have the violator transferred to the Department, the final revocation hearing shall be noticed and convened within 60 days of the preliminary hearing, or the waiver of that hearing.

(12)(13) Final Hearing. The parolee or releasee shall be informed, in writing, at least 14 days prior to the final revocation hearing of the date, time and location of such hearing. The notice of the hearing shall contain the charges of violation and shall contain a list of the rights the parolee or releasee shall be afforded for such hearing as follows:

(a) The opportunity to be present for the final revocation hearing.

(b) The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.

(c) The opportunity to receive, prior to the hearing, disclosure of evidence that will be presented at any final hearing.

(d) The opportunity to confront and cross-examine any adverse witnesses.

(e) The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778.

(13)(14) Any final hearing can be waived by the parolee or releasee after an explanation of all rights and possible consequences of waiver. The waiver shall be in writing and can be executed before a member of the Commission or the Commission’s designated representative. The parolee or releasee may withdraw the waiver by executing a withdrawal of waiver form and forwarding to the Commission headquarters within 14 days after the execution of the waiver. The withdrawal of waiver form and instructions regarding its use shall be provided to the parolee or releasee at the time of the execution of the waiver. Upon receipt of the withdrawal of waiver form, a final revocation hearing shall be convened after appropriate notice. Such hearing shall be conducted in accordance with these rules.

(14)(15) The parolee or releasee is entitled to request that his final revocation hearing be postponed or continued, upon a showing of good cause being made. The request for postponement or continuance may be submitted to the Parole Examiner or Commission, in writing, prior to the convening of the hearing, provided that the reasons for the request are outlined with specificity. In the event that the final hearing has been convened, such may be postponed or continued beyond 60 days on the Commission’s motion provided the record reflects good cause for such continuance.

(15) The final revocation hearing is a two-part hearing with the first emphasis being placed on the factual determination as to whether or not violations have occurred. The second part of the final revocation hearing is the determination of whether or not the parole should be revoked. In reaching such a determination, the Commission shall consider all mitigating circumstances which were made known at the time of the hearing and shall consider alternatives other than reincarceration prior to making a final determination.

(16) During the course of a final revocation hearing, the person or persons conducting the hearing may entertain any arguments of counsel or the parolee or releasee, or other such matters. The person or persons conducting the hearing may elect to rule on such matters during the course of the hearing or may elect to withhold ruling pending consultation with Commission counsel or individual staff members. Arguments of counsel of a legal nature must be reduced to writing. If possible, written legal arguments should be presented prior to final revocation hearings. If the person conducting the hearing elects not to address arguments of counsel or the parolee or releasee during the course of the hearing, such shall be made known to the interested parties. In the event a decision is made during the course of the final revocation hearing, such decision shall be reflected in the record, and then reviewed by the Commission. Pursuant to the United States Supreme Court’s 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.

(17) Subpoenas and subpoenas duces tecum for the parolee and State shall be issued by the Commission’s duly authorized representative for both the preliminary and final revocation hearings. Based on evidence presented at the hearing, the person or persons conducting the hearing shall make findings of fact regarding the alleged violations, report that to the Commission and the Commission may enter an order revoking the parole or compulsory conditional release, reinstating the parolee or releasee to supervision or other such order as deemed appropriate by the Commission. When, based on the findings of the person or persons conducting the hearing, the Commission finds that the parolee or releasee has committed one or more violations, the Commission may elect to order the parolee or releasee returned to supervision with a new term not to exceed statutorily prescribed limits and may elect to establish new conditions of the parole or release, provided the parolee or releasee agrees to each term and condition. In any event, the Commission shall make a decision in an open meeting within 45 days following the revocation hearing. Prompt notification of the decision shall be provided to the parolee or releasee and his defense attorney, unless such notification is waived by the parolee or 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.

(18) At both the preliminary and final revocation hearing, the accused violator may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the accused desire, retained counsel may represent the parolee at both hearings. In the event the parolee desires counsel and has not retained such, the following procedure shall apply:

(a) Inquiry shall be made of the parolee’s ability to retain private counsel. A conclusion shall be reached by the person or persons responsible for conducting the hearing as to the parolee’s ability to retain counsel and time shall be permitted for the parolee to secure such if an affirmative conclusion is reached.

(b) If it is concluded that the parolee is unable to secure retained counsel by reason of indigency or other valid reasons, then the Commission shall attempt to secure counsel pursuant to the guidelines of Gagnon v. Scarpelli, 411 U. S. 778 (1973) at 790. If a request for counsel is refused, the grounds for refusal shall be stated succinctly in the record. Gagnon, supra, at 790-791.

(19) The person or persons conducting the hearing may elect to receive information following the revocation hearing provided the parolee agrees to the receipt of such information outside of the context of the hearing and that such agreement is reflected clearly in the record.

(20) Based on evidence presented at the hearing, the person or persons conducting the hearing shall make findings of fact regarding the alleged violations, and report that to the Commission. The Commission may enter an order revoking the parole, reinstating the parolee to supervision or enter such other order as deemed appropriate by the Commission. When, based on the findings of the person or persons conducting the hearing, the Commission finds that the parolee has committed one or more violations, the Commission may elect to order the parolee returned to supervision with a new term not to exceed statutorily prescribed limits and may elect to establish new conditions of the parole provided the parolee agrees to each term and condition. In any event, the Commission shall make a decision in an open meeting within 45 days following the revocation hearing. Prompt notification of the decision shall be provided to the parolee and his defense attorney, unless such notification is waived by the parolee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.

(21)(18) Upon a finding that the parolee or releasee did commit one or more violations, the Commission may order the parolee or releasee placed in a community control program. Placement in community control shall be utilized by the Commission, in its judgment, for parole or release violators who are not suitable for restoration to standard supervision and would, therefore, be revoked if not for the alternative of community control placement. When ordering such placement in community control, the Commission shall specify:

(a) The proven violation or violations;

(b) The term of community control which may exceed the original term of parole or release but not exceed statutorily prescribed limits. This term may be reduced by subsequent order of the Commission;

(c) The new term of parole or release which shall not exceed statutorily prescribed limits nor be less than the term of community control;

(d) Standard community control conditions ordered to be applicable;

(e) Special community control conditions based upon individual case study of the parolee or releasee; and

(f) Additional parole or release conditions, if any, in the event the community control term is less than the resulting parole or release term

(22) Release on Own Recognizance:

(a) At a scheduled final revocation hearing, a Commissioner can place an alleged parole violator on ROR when the final hearing is postponed or continued.

(b) During the final revocation hearing, a Commissioner may place the parolee charged with violation on ROR when:

1. The parolee was on ROR prior to the convening of the final revocation hearing.

2. Insufficient evidence is produced to sustain any violation of parole.

3. Upon finding that the parolee did violate one or more conditions of parole, the hearing officer announces his intention to recommend action other than revocation of parole.

(c) Subsequent to the final revocation hearing in which there was a finding that the parolee did violate one or more conditions of parole, the hearing officer can recommend the parole violator be placed on ROR upon receipt of pertinent favorable information. Violations of the conditions of release can cause an order to revoke the ROR to be executed by a Commissioner when reliable information is received of violation of release on recognizance. Such order shall be sufficient to cause the arrest and return of the parolee to custody.

(23) Violation of the conditions of parole for grounds other than for a new conviction: An inmate who is found guilty for a violation of the conditions of his parole on grounds other than for the commission of a new felony or misdemeanor offense may be reinstated to parole or revoked. The following information should be considered in making that determination:

(a) The preponderance of available evidence suggests that the parolee would pose a danger to public safety or would likely engage in new criminal conduct if reinstated to parole;

(b) The parolee has previous violations of the conditions of his parole under the current sentence;

(c) The parole behavior demonstrates the inability or unwillingness of the parolee to conform to minimum parole restraints so as to prevent successful completion of the Court imposed sentence outside of actual confinement. Any parole violation leading to revocation is the manifestation that the parolee’s record during confinement was NOT good. These inmates will be scheduled for interview to determine whether or not they are eligible for consideration for parole within 6 months of the revocation.

(24)(19) Should the Commission decide to revoke the parole or compulsory conditional release, the parolee or releasee shall be entitled to all credit for time spent in custody prior to the revocation hearing for all charges that appear on the warrant and/or notice of hearing. Time spent in other jurisdictions as a result of intervening sentences shall be considered by the Commission. The Commission shall consider the credit for time served on parole in each case. The actual award of such credit is discretionary with the Commission. Credit for time shall be reflected in the Commission’s order.

(20) The final revocation hearing is a two-part hearing with the first emphasis being placed on the factual determination as to whether or not violations have occurred. The second part of the final revocation hearing is the determination of whether or not the parole or compulsory conditional release should be revoked. In reaching such a determination, the Commission shall consider all mitigating circumstances which were made known at the time of the hearing and shall consider alternatives other than reincarceration prior to making a final determination.

(25)(21) If the Commission’s decision is to revoke the parole or compulsory conditional release, the parolee or releasee shall be scheduled for an interview by a Commission representative within six months from the date of the Commission’s order revoking parole revocation, provided that the parolee or releasee has not received a commitment to the Department of Corrections. The purpose of this interview shall be to formulate a recommendation to the Commission for the setting of a presumptive parole release date consistent with appropriate statutory requirements and Commission policies and practices as reflected in these rules. Should the parolee or releasee have received a prison commitment a presumptive parole release date shall be established according to appropriate statutory requirements and Commission practices and policies as reflected in these rules regarding newly sentenced inmates.

(22) The person or persons conducting the hearing may elect to receive information following the revocation hearing provided the parolee or releasee agrees to the receipt of such information outside of the context of the hearing and that such agreement is reflected clearly in the record.

(23) Subpoenas and subpoenas duces tecum for the parolee or releasee and State shall be issued by the Commission’s duly authorized representative for both the preliminary and final revocation hearings.

(24) At both the preliminary and final revocation hearing, the accused violator may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the accused desire, retained counsel may represent the parolee or releasee at both hearings. In the event the parolee or releasee desires counsel and has not retained such, the following procedure shall apply:

(a) Inquiry shall be made of the parolee’s or releasee’s ability to retain private counsel. A conclusion shall be reached by the person or persons responsible for conducting the hearing as to the parolee’s or releasee’s ability to retain counsel and time shall be permitted for the parolee or releasee to secure such if an affirmative conclusion is reached.

(b) If it is concluded that the parolee or releasee is unable to secure retained counsel by reason of indigency or other valid reasons, then the Commission shall attempt to secure counsel pursuant to the guidelines of Gagnon v. Scarpelli, 411 U. S. 778 (1973) at 790. If a request for counsel is refused, the grounds for refusal shall be stated succinctly in the record. Gagnon, supra, at 790-791.

(25) Release on Own Recognizance:

(a) At a scheduled final revocation hearing, a Commissioner or Commission representative can place an alleged parole violator on ROR when the final hearing is postponed or continued.

(b) During the conduct of the final revocation hearing, the hearing Commissioner or Commission representative may place the parolee charged with violation on ROR when:

1. The parolee was on ROR prior to the convening of the final revocation hearing.

2. Insufficient evidence is produced to sustain any violation of parole.

3. Upon finding that the parolee did violate one or more conditions of parole, the hearing officer announces his intention to recommend action other than revocation of parole.

(c) Subsequent to the conduct of the final revocation hearing in which there was a finding that the parolee did violate one or more conditions of parole, the hearing officer can place the parole violator on ROR upon receipt of pertinent favorable information.

Violations of the conditions of release can cause an order to revoke the ROR to be executed by a Commissioner when reliable information is received of violation of release on recognizance. Such order shall be sufficient to cause the arrest and return of the parolee to custody.

Specific Authority 947.07 FS. Law Implemented 947.23 FS. History–New 9-10-81, Amended 10-1-82, 7-1-84, Formerly 23-21.22, Amended 5-10-87, 1-26-93, 1-5-94, ________.