33-601.606: Placement of Inmates into Community Release Programs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify eligibility requirements for inmates with and without non-advanceable dates, to specify that an inmate is ineligible for failure to complete a substance abuse program only with respect to those programs required during his current period of incarceration, and to remove reference to Form EF6-009, which is no longer used.
SUBJECT AREA TO BE ADDRESSED: Placement of Inmates into Community Release Programs.
SPECIFIC AUTHORITY: 945.091 FS.
LAW IMPLEMENTED: 945.091 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-601.606 Placement of Inmates into Community Release Programs.
(1) No change.
(2) Eligibility and Ineligibility Criteria.
(a) An inmate is ineligible for community release programs if he has:
1. through 2. No change.
3. Been terminated Terminated from work release, a community-based residential substance abuse program, or a center work assignment for disciplinary reasons during his current commitment.
4. No change.
5. Refused to complete or has an unsatisfactory removal from a substance abuse or academic programs that the inmate was required to complete at any point during his current period of incarceration unless the refusal was based upon objections to the religious based content of the program, in which case, an alternate non-deity based program will be offered and must be successfully completed. The removal of an inmate from a program for violation of program or institutional rules, or for behavioral management problems constitutes an unsatisfactory removal from a program. The inmate shall remain ineligible until a comparable program is satisfactorily completed.
6. No change.
7. A misdemeanor detainer, unless it can be established by the inmates classification officer that the detainer would be withdrawn upon payment of restitution, fines, or court ordered obligations and it appears that the inmate will earn sufficient funds to pay the obligation that has caused the detainer.
(b) In order to be eligible for community release programs an inmates must:
1. Be in community custody.
2. through 3. No change.
4. For inmates Inmates with non-advanceable dates, must be within 19 months of their tentative release date or presumptive parole release date for CWA or, a community-based residential substance abuse program, or pre-work release program or within 14 months of their earliest tentative release date for CWR, or within 28 months of their earliest tentative release date for the residential transition program.
5. For inmates Inmates without non-advanceable dates, must be within 28 months of their tentative release date for CWA or, a community-based residential substance abuse program, within 19 months of their tentative release date for CWR, or within 36 months of their earliest tentative release date for the residential transition program, or pre-work release program or within 19 months of their tentative release date for CWR.
6. No change.
(3) No change.
(4) Process for Removal from CWA, Work Release and Community-Based Residential Substance Abuse Programs.
(a) No change.
(b) The ICT shall approve or disapprove an inmates termination Upon the termination of an inmate from CWA, work release, or a community-based residential substance abuse program, the Termination Report, Form EF6-009 will be given to the ICT who shall approve or disapprove the termination. Form EF6-009 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is March 14, 2001.
(c) through (e) No change.
(5) No change.
Rulemaking Specific Authority 945.091 FS. Law Implemented 945.091 FS. HistoryNew 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04. 11-25-04, 4-13-06, 10-8-07,________.
