The purpose is to simplify the language used, to update or remove outdated programs, and to ensure conformity with Rule 23-21.0051, F.A.C. The effect is to make the rule easier to understand and in line with agency practice.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-21.0052 Panel Reviews

PURPOSE AND EFFECT: The purpose is to simplify the language used, to update or remove outdated programs, and to ensure conformity with Rule 23-21.0051, F.A.C. The effect is to make the rule easier to understand and in line with agency practice.

SUMMARY: An update to the language used and a removal of outdated programs to ensure the rule is consistent with agency practice and ensures conformity with Rule 23-21.0051, F.A.C.

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, 947.20, FS.

LAW IMPLEMENTED: 947.06, 947.13, 947.135, 947.1405, 947.141, 947.146, 947.149, 947.172, 947.173, 347.174, 947.1745, 947.1746, 947.18, 947.19, 947.20, 947.23, 947.24, 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:

23-21.0052 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, for offenders whose sentence does not include a capital felony unless the sentence includes a 25-year mandatory minimum term;

(2) Inmate initiated reviews of presumptive parole release dates filed pursuant to Section 947.173, F.S., for offenders whose sentence does not include a capital felony unless the sentence includes a 25-year mandatory minimum term;

(3) No change.

(4) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of presumptive parole release dates for offenders whose sentence does not include a capital felony;

(5) through (13) No change.

(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.; and

(17) Any other case not specifically set forth to be voted on by a Full Commission, as set forth in Rule 23-21.0051, F.A.C.

Rulemaking 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 8-17-06, Amended _____________.

 

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