The purpose and effect of the proposed rulemaking is to change reporting requirements for individuals on community supervision.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-302.110: Written Monthly Reports
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to change reporting requirements for individuals on community supervision.
SUMMARY: The proposed rule is amended to change the way in which individuals on community supervision must report their monthly circumstances.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Based on information provided by the Bureau of Finance and Accounting indicating the changes only affect where the trust monies are directed within the Department and therefore have no effect on small business, as well as information indicating that the changes would not require any additional training or have any other regulatory cost, the rule is not expected to require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

33-302.110 Reporting Requirements Written Monthly Reports.

(1) The offender shall submit a full and truthful report to the officer as directed on a monthly basis, unless otherwise specified by the supervision order.

(2) The offender shall obtain prior approval from the probation officer before making planned changes in residence, employment, and student status and shall immediately report any contact with law enforcement or any problems, questions, or concerns with supervision requirements.

(3) When the offender reports as instructed by the probation officer, he/she shall provide information relating to activities for the previous month, including phone or email changes, vehicle changes, progress made on special conditions, and actions taken to address personal goals:

(a) The offender’s place of residence;

(b) The offender’s place of employment;

(c) The offender’s gross income earned monthly;

(d) The offender’s effective date of unemployment (if unemployed), reason for unemployment, and source of income during the unemployed period;

(e) The offender’s number of dependents;

(f) Information regarding any additional jobs held by offender;

(g) Payments made by the offender including restitution, court costs, cost of supervision, or other monetary obligations imposed by the court or releasing authority;

(h) If monthly monetary obligation payment was not met, reason monetary obligation was not paid;

(i) Problems experienced by the offender; and

(j) Other information that needs to be discussed with the correctional probation officer during the required office visit.

(2) Upon receipt, the correctional probation officer shall review the report, discuss changes or concerns, and document receipt of the report in case notes.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-1-01, Amended 11-4-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenny Nimer, Assistant Secretary Office of Community Corrections
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 28, 2011