The purpose is to align the rule with agency best practices. The effect will change examples of aggravating circumstances and clarify the use of underlying offenses in the calculation of an outside the matrix time range felony murder case.  

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    FLORIDA COMMISSION ON OFFENDER REVIEW

    RULE NO.: RULE TITLE:

    23-21.010: Decisions Outside the Matrix Time Range

    PURPOSE AND EFFECT: The purpose is to align the rule with agency best practices. The effect will change examples of aggravating circumstances and clarify the use of underlying offenses in the calculation of an outside the matrix time range felony murder case.

    SUMMARY: An update of examples of aggravating circumstances and a clarification of the use of underlying offenses in the calculation of an outside the matrix time range felony murder case.

    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, 947.165, 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, (850)488-4460, ranawallace@fcor.state.fl.us.. 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, (850)488-4460, ranawallace@fcor.state.fl.us.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    23-21.010 Decisions Outside the Matrix Time Range.

    (1) through (2) No change. 

    (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.  A consecutive sentence(s) for the underlying offense(s) in a felony murder conviction shall be used as an aggravating factor(s), but the number of months assessed for these sentences shall be zero.

    (4) No change.

    (5) Following are examples of situations in which a Commission investigator 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. No change.

    b. The offense was committed for pecuniary gain The offense resulted in great bodily injury or pecuniary loss;

    c. through d. No change.

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

    f. through j. No change.

    k. In Inmate fled from the crime in an attempt to avoid apprehension, the inmate fled from the jurisdiction where the crime was committed;

    l. The offense was committed against on a victim that the inmate had custodial or familial authority over;

    m. The inmate is or has been affliated with a gang.

    2. No change.

    (b) No change.

    Rulemaking 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, 8-17-06, 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

     

Document Information

Comments Open:
4/7/2017
Summary:
An update of examples of aggravating circumstances and a clarification of the use of underlying offenses in the calculation of an outside the matrix time range felony murder case.
Purpose:
The purpose is to align the rule with agency best practices. The effect will change examples of aggravating circumstances and clarify the use of underlying offenses in the calculation of an outside the matrix time range felony murder case.
Rulemaking Authority:
947.07, 947.165, FS.
Law:
947.002, 947.165, FS.
Contact:
Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, (850) 488-4460, ranawallace@fcor.state.fl.us.
Related Rules: (1)
23-21.010. Decisions Outside the Matrix Time Range