The purpose is to create a procedure for parolees out-of-state who want to waive a violation hearing. The effect will allow parolees to waive a violation hearing out-of-state, if approved by the Commission.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-21.022   Revocation of Parole; Preliminary Hearings; Final Hearings

PURPOSE AND EFFECT: The purpose is to create a procedure for parolees out-of-state who want to waive a violation hearing. The effect will allow parolees to waive a violation hearing out-of-state, if approved by the Commission.

SUMMARY: An addition of provisions permitting a parolee out-of-state to waive his preliminary and final parole hearings.

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, FS.

LAW IMPLEMENTED: 947.23, 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:

23-21.022 Revocation of Parole; Preliminary Hearings; Final Hearings.

(1) through (4) No change.

(5) Waiver of Preliminary Hearing.

(a) A parolee serving a state sentence within the State of Florida may waive his or her preliminary hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after appropriate notice.  Prior to the preliminary hearing, the parolee may elect to waive such hearing, provided such waiver is executed in writing before a Commissioner or duly authorized representative of the Commission, and follows a full explanation of all rights, procedures, and possible consequences. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after appropriate notice.

(b) A parolee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her preliminary hearing in absentia. Upon receipt of the written waiver request, the Commission can elect to either proceed with the preliminary hearing or wait until the parolee has completed his or her sentence in the other jurisdiction and is returned to Florida.  The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(6) through (15) No change.

(16) Waiver of Final Hearing.

(a) A parolee serving a state sentence within the State of Florida may waive his or her final hearing after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after appropriate notice from the Department that the parolee has been returned to the custody of the Department from another jurisdiction.  Any final hearing can be waived by the parolee after an explanation of all rights and possible consequences of waiver. The waiver shall be in writing, shall affirm knowledge and understanding of the rights and consequences, and shall be executed before a member of the Commission or the Commission’s designated representative. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed and postmarked within 14 days after the execution of the waiver. Upon receipt of a timely withdrawal of waiver form, a final revocation hearing shall be convened after appropriate notice.

(b) A parolee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the revocation.  Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the parolee has completed his or her sentence in the other jurisdiction and is returned to Florida.  The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after appropriate notice.

(17) through (28) No change.

Rulemaking Authority 947.07, 947.20, 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, 8-17-06, 3-31-10, 2-12-13, ____________________.

 

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