The purpose is to update definitions to terms used in current operations. The effect will change the term “parole officer” to “commission investigator” and will simplify the definition of “sexual predator.”

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-23.006   Conditional Release Definitions

PURPOSE AND EFFECT: The purpose is to update definitions to terms used in current operations. The effect will change the term “parole officer” to “commission investigator” and will simplify the definition of “sexual predator.”

SUMMARY: A change of the term “parole officer” to “commission investigator” and a simplification of the definition of “sexual predator.”

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, 947.1405(9), FS.

LAW IMPLEMENTED: 947.1405, 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:

23-23.006 Conditional Release Definitions.

(1) through (9) No change.

(10) Commission Investigator Parole Examiner – for purposes of these rules, means an employee of the Florida Commission on Offender Review who performs the following conditional release functions:

(a) Conducts violation hearings and makes findings of fact and recommendations to the Commission;

(b) Performs other related duties as assigned by the Chair.

(11) through (14) No chante.

(15) Sexual Predator – means an inmate the court has found and designated a sexual predator pursuant to Florida Statutes. each offender who is convicted, on a current offense committed on or after October 1, 1993, of, or is found to have committed, regardless of adjudication, or pleads guilty or nolo contendere to:

(a) Any capital, life, or first degree felony violation of Chapter 794 or Section 847.0145, F.S., or of a similar law of another jurisdiction; or

(b) Any second degree or greater felony violation of Chapter 794, Section 880.04, 827.071, or 847.0145, F.S., or of a similar law of another jurisdiction, and who has previously been convicted of or found to have committed, regardless of adjudication, or has pled nolo contendere or guilty to, any violation of Sections 794.011(2), (3), (4) or (5), 794.023, 794.041(2)(a) or (b), 800.04, 827.071, 847.0133, or 847.0145, F.S., or of a similar law of another jurisdiction; and

(c) The court has made a written finding that the offender is a sexual predator.

(16) through (19) No change.

Rulemaking Authority 947.07, 947.1405(9) FS. Law Implemented 947.1405(2)(a) FS. History–New 10-20-91, Amended 1-5-94, 5-29-02, 3-31-10, ____________________.

 

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