These rules are part of the calculations made for setting presumptive parole release dates.

 

FLORIDA PAROLE COMMISSION

RULE NOS.:RULE TITLES:

23-21.007Salient Factor Scoring

23-21.009Matrix Time Ranges

23-21.010Decisions Outside the Matrix Time Range

PURPOSE AND EFFECT: These rules are part of the calculations made for setting presumptive parole release dates.

SUMMARY: The proposed changes are necessary to update the guidelines to reflect current evidence based practices.

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: 1) there is no requirement for SERC triggered under Section 120.541(1), F.S., and 2) based on direct past experiences with Agency rules, there are no adverse impacts or regulatory costs as defined by the economic analysis criteria set forth in Section 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 FS.

LAW IMPLEMENTED: 947.002, 947.13, 947.165 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: Sarah Rumph, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-21.007 Salient Factor Scoring.

Salient factors (1) through (3), (5), and (6) shall be calculated on the inmate’s criminal record.

(1) NUMBER OF PRIOR CRIMINAL CONVICTIONS:

	Recidivist Criminal Factor as defined	=	RCF
	Three or more prior convictions	=	2 Points
	One or Two prior convictions	=	1 Point
	No prior convictions	=	0 Points

(a) Juvenile offenses, juvenile incarcerations, and Mmisdemeanor convictions or adjudications do not constitute criteria to be used in determining Recidivist Criminal Factor. Further, individual felony convictions or adjudications within a single criminal episode result in the entire criminal episode being considered as one prior felony conviction or adjudication when computing the Recidivist Criminal Factor. Inmates who meet the criteria of the Recidivist Criminal Factor shall not be scored on the remaining six factors as the inmate automatically falls within the Recidivist Criminal Factor time ranges on the matrix. Once an inmate is found to meet the criteria to be scored in the Recidivist Criminal Factor time ranges, all rescoring on subsequent incarcerations must also fall in the Recidivist Criminal Factor time ranges unless it is determined an error was made in an earlier scoring.

(b) through (d) No change.

(e) Count all pleas of guilty, pleas of nolo contendere or convictions or adjudications which result from criminal offenses committed while on bail or probation for the present offense of conviction. Conduct resulting in diversion from the judicial process without a plea of guilty or a plea of nolo contendere or a specific finding of guilt, deferred prosecution, pretrial intervention, probation without plea, is not counted in scoring this item.

(f) through (i) No Change.

(2) NUMBER OF PRIOR INCARCERATIONS:

	Two or more prior incarcerations	=	2 Points
	One prior incarceration	=	1 Point
	No prior incarceration	=	0 Points

(a) No change.

(b) Count all prior incarcerations, including commitments and placements in residential juvenile facilities resulting from a sentence imposed for a conviction or adjudications.

(c) through (d) No change.

(e) Incarcerations resulting from convictions or adjudications which were set aside or pardoned on grounds of innocence are not to be counted nor are incarcerations imposed as a condition of probation.

(3) No change.

(4) AGE AT OFFENSE WHICH LED TO THE FIRST INCARCERATION:

	17 Years or younger	=	2 Points
	18 – 25 Years	=	1 Point
	26 Years or older	=	0 Points

(a) Score 2 points if the inmate was less than 18 years of age at the time of the offense which led to the inmate’s first incarceration.

(b) Score 1 point if the inmate was 18 through 25 years old at the time of the offense which led to the inmate’s first incarceration.

(c) Score 0 points if the inmate was 26 years old or older at the time of the offense which led to the inmate’s first incarceration.

(d) For purposes of this item, count only commitments in which the sentence imposed was for 60 days or more.

(e) For the purposes of this item, if the inmate was placed on probation which later was revoked, use the age of the inmate on the date of the behavior leading to revocation. Do not use the age of the defendant at the time of the offense which led to the probation or the date of the revocation.

(f) For the purposes of this item, if the inmate has no prior record, the age at the time of the present offense which led to the current incarceration is used, since it is the inmate’s first incarceration.

(g) Do not consider age at time of commission of any offense for which conviction was later set aside or pardoned on grounds of innocence when computing this factor.

(4)(5) NUMBER OF PROBATION, PAROLE OR MCR REVOCATIONS:

	Two or more revocations One or more revocations	=	2 points = 1 point
	No revocations	=	0 Points

(a) No change.

(b) Score 1 if the inmate has ever had parole revoked or if the inmate has ever had an adult probation revoked. However, do not count probation revocations which do not result in a sentence to incarceration for the offense for which probation was being served.

(c) Score 0 if the inmate has never had parole or probation revoked; if the inmate has only had juvenile probation revoked; or if the inmate’s only adult probation revocation did not result in a sentence to incarceration.

(d) through (e) No change.

(5)(6) NUMBER OF PRIOR ESCAPE OR ATTEMPTED ESCAPE CONVICTIONS:

	Two One or more prior escape or attempted escape conviction(s)	=	21 Points
	One No prior escape or attempted escape conviction	=	10 Points

(a) Score 2 points if the inmate has two or more prior escape or attempted escape convictions prior to the present offense of conviction.

(b)(a) Score 1 if the inmate has ever been convicted of an escape or attempted escape prior to the present offense of conviction.

(c)(b) Score 0 if the inmate has no prior escape convictions or attempted escapes.

(c) More than one escape conviction shall be considered a negative indicant of parole prognosis and may be used as an aggravating factor.

(6)(7) BURGLARY OR BREAKING AND ENTERING OR ROBBERY AS THE PRESENT OFFENSE OF CONVICTION:

	Present Offense of Conviction	=	1 Point
	includes a conviction for burglary
	or breaking and entering or robbery
	Otherwise	=	0 Points

(a) Score 1 if the present offense of conviction for which the inmate has been convicted includes burglary or breaking and entering or robbery, whether or not a sentence to incarceration was imposed. Such conviction shall not form the basis for a decision outside the matrix time range.

(b) Score 0 if the present offense of conviction does not include a burglary or breaking and entering or robbery. Do not point convictions for entering without breaking, attempted burglary, attempted breaking and entering, attempted robbery or possession of burglary tools.

(c) More than one conviction for burglary or breaking and entering or robbery may be considered as a basis for a decision outside the matrix time range as a negative indicant of parole prognosis.

(d) Do not score 1 point if the conviction of burglary or breaking and entering or robbery is a consecutive sentence. Such consecutive sentence shall be considered a negative indicant of parole prognosis and the basis for a decision outside of the matrix time range.

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06, 12-30-08, 3-31-10, 2-12-13,__________.

 

23-21.009 Matrix Time Ranges.

(1) through (5) No change.

(6) Youthful Offender Matrix:1

SEVERITY OF OFFENSE BEHAVIOR2	SALIENT FACTOR SCORE3
	(0-1)	(2-4)	(5-7)	(8-11)
1. Misdemeanor (Cumulative Sentence of 1 or More Years)	6	6-9	9-12	12-16
2. Felony 3º (Statutory Sentence – Maximum of 5 Years)	9-15	15-19	19-24	24-36
3. Felony 2º (Statutory Sentence – Maximum of 15 Years)	15-19	19-24	24-36	36-48
4. Felony 1º (Statutory Sentence – Maximum of 30 Years)	22-52	52-67	67-90	90-135
5. Felony 1º and Life Felony (Statutory Sent. – Max. Life)	60-75	75-90	90-105	105-135
6. Capital Felony	90-135	135-180	180-225	225-9998

NOTES:

1. To be used when the inmate is sentenced by the court under Chapter 958, F.S. (Youthful Offender Act), or when the inmate is classified as a youthful offender by the Department of Corrections, or when the offender was less than 18 years of age when the primary offense was committed for initial interviews conducted subsequent to the effective date of this rule.

2. Length of Sentence as well as Salient Factor Score shall be considered when determining the Presumptive Parole Release Date.

3. Matrix Time Ranges are reported in months.

Rulemaking Authority 947.002(1), (2), (5), 947.07, 947.165 FS. Law Implemented 947.165 FS. History–New 7-22-81, Amended 4-11-83, Formerly 23-21.09, Amended__________.

 

23-21.010 Decisions Outside the Matrix Time Range.

(1) through (4) No change.

(5) Following are examples of situations in which a parole examiner or the quorum may wish to consider a recommendation of aggravation or mitigation. However, these are only examples and the Commission is not limited to only these examples as long as a written explanation of the factor is provided to the inmate:

(a) Aggravation – Decisions above the matrix time range:

1. Reasons related to aggravation of the severity of offense behavior can include:

a. through f. No change;

g. The offense was committed in an unusually sophisticated manner;

g.h. Any additional offenses;

i. The inmate committed an offense while holding public office and the offense was related to his conduct in office;

j. The inmate committed an offense using his professional reputation or position in the community to effectuate the offense or to afford him an easier means of perpetrating it;

h.k. The inmate committed an offense for the purpose of avoiding or preventing a lawful arrest or effecting an escape;

i. Extent of psychological trauma to the victim(s);

j. Inmate concealed or destroyed evidence in an attempt to avoid apprehension;

k. Inmate fled from the crime in an attempt to avoid apprehension;

l. The offense was committed on a victim that the inmate had custodial or familial authority over;

m. The inmate is or has been affliated with a gang.

2. Reasons related to likelihood of favorable parole outcome, negative indicants of parole prognosis can include:

a. through c. No change;

d. The inmate has failed or refused to make restitution when he was able to do so;

d. The inmate has a history of poor institutional conduct;

(b) Mitigation – Decisions below the matrix time range:

1. Reasons related to mitigation of severity of offense behavior can include:

a. through h. No change;

i. The inmate genuinely believed he had a claim of right (property offenses only);

2. Reasons related to likelihood of favorable parole outcome, positive indicants of parole prognosis can include:

a. The inmate has led a law-abiding life for a substantial period before commission of the crime;

b. The inmate’s past offenses were of a trivial nature;

b.c. The inmate has the availability of extremely strong community resources;

c. The inmate has strong family ties;

d. The inmate has education and skills which make him or her employable within the community;

e.d. The inmate has made restitution to the victim of this crime for the injury, damage, or loss sustained;

f.e. The inmate has a poor medical prognosis;

g.f. The inmate has provided substantial cooperation or assistance to the government which has been otherwise unrewarded;

h. The inmate has either saved the life of or protected a Department of Corrections employee from assault or injury;

i.g. The inmate has served, or faces a substantial period of incarceration for other offenses;

j.h. The inmate has made a record of clearly exceptional program achievement; (This factor would normally not be applied at the time of the initial interview but may be applicable after a substantial period of incarceration)

k.i. The inmate is an alien and faces deportation under a deportation order or detainer which has been formally entered by the United States Immigration and Customs Enforcement;

j. The inmate has spent a long period of incarceration in another jurisdiction(s).

Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS. History–New 9-10-81, Formerly 23-21.10, Amended 1-26-93, 1-5-94, 8-17-06,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph, [phone], [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena Pate

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2014