The purpose is to update the effective parole release date procedure to reflect current operations. The effect will be to clarify the rule and make it easier to understand.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-21.015:   Effective Parole Release Date Interview Procedure

PURPOSE AND EFFECT: The purpose is to update the effective parole release date procedure to reflect current operations. The effect will be to clarify the rule and make it easier to understand.

SUMMARY: An update to the language used to ensure the rule is consistent with agency practice.

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 proposed amendment to the rule and determined that the impact or regulatory cost, if any, will not exceed any of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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: 947.002, 947.005, 947.07, 947.165, 947.174, 947.1745, 947.1746, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

23-21.015 Effective Parole Release Date Interview Procedure.

(1) through (8) No change.

(9) The decision whether to authorize an effective parole release date requires a two-part analysis. In Part I the Commission shall determine whether new information has been gathered which requires modification of the presumptive parole release date. Should the Commission decide to modify the presumptive parole release date it shall enter a written order extending the presumptive parole release date. Additionally, the order shall state, with particularity, the reason or reasons for extending the presumptive parole release date and shall inform the inmate of the date scheduled for his next effective parole release date interview.

(10) through (14) No change.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1745, 947.24 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-3-14, _________.

 

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: October 19, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 17, 2018.