The purpose is to use consistent language throughout the rule, to make the rule more clear and readable. The effect will be a more consistent rule that is easier for the public to understand and that comports with agency practice.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-21.007: Salient Factor Scoring

PURPOSE AND EFFECT: The purpose is to use consistent language throughout the rule, to make the rule more clear and readable. The effect will be a more consistent rule that is easier for the public to understand and that comports with agency practice.

SUMMARY: An update of the language used in the rule, to make it easier for the public to understand and to bring it into compliance with agency practice.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 947.07, 947.165, FS.

LAW IMPLEMENTED: 947.002, 947.13, 947.165, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: : Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: : Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

23-21.007 Salient Factor Scoring.

Salient factors (1) through (5) shall be calculated on the inmate’s criminal record.

(1) No change.

(a) Misdemeanor convictions or adjudications do not constitute criteria to be used in determining Recidivist Criminal Factor. Further, individual felony convictions or adjudications within a single criminal episode result in the entire criminal episode being considered as one prior felony conviction or adjudications when computing the Recidivist Criminal Factor. Inmates who meet the criteria of the Recidivist Criminal Factor shall not be scored on the remaining five 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 unless it is determined an error was made in an earlier scoring.

(b) through (i) No change.

(2) No change.

(a) through (c) No change.

(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) No change.

(3) No change.

(4) NUMBER OF PROBATION, PAROLE OR MCR REVOCATIONS:

	Two or more revocations	=	2 Points
	One revocation	=	1 Point
	No revocations	=	0 Points

(a) through (b) No change.

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

(d) No change.

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

(5) through (6) No change.

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06, 12-30-08, 3-31-10, 2-12-13, 7-30-14, ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Commission on Offender Review

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melinda Coonrod, Chair, Florida Commission on Offender Review

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2016