Update section name(s).

 

FLORIDA PAROLE COMMISSION

RULE NO.: RULE TITLE:
23-20.002: Scope of Responsibility
23-20.007: Procedures
PURPOSE AND EFFECT: Update section name(s).
SUMMARY: The change will reflect new name of agency section.
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 has no regulatory authority over any businesses and neither imposes or collects any fees.
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: 947.135 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

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-20.002 Scope of Responsibility.

(1) through (3) No change.

(4) The Office of the Commission Clerk Release Services Administrator will be provided with an opportunity to review the agreement and may provide input prior to the agendaed action by the Commission.

(5) - (8) No Change.

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Formerly 23-20.02, Amended 1-26-93, 3-31-10.

 

23-20.007 Procedures.

(1) through (3) No change.

(4) Once the conditions are agreed upon by the representatives of the Department, the Commission, and the inmate, the agreement should be prepared at the institution, if possible, signed by all participants, subject to review and approval by the Warden; and if approved, forwarded by the Commission representative to the Commission with notification to the Office of the Commission Clerk Release Services Administrator.

(5) The Office of the Commission Clerk Release Services Administrator will be provided with an opportunity to review all agreements at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission.

(6) Upon approval by the Commission, the representative of the Commission and the Department and the inmate shall be informed in writing and the agreement shall be in force. The original copy of the agreement shall be retained and placed in the Department’s Offender Record with copies to the Commission representative, the Department representative, the Office of the Commission Clerk Release Services Administrator, and the inmate.

(7) Renegotiation or Cancellation: Should the negotiated agreement not be approved by the Commission, the inmate, Commission’s representative, the Office of the Commission Clerk Release Services Administrator shall be notified in writing of the reasons for rejection. A proposed agreement may be returned to the negotiating team for possible renegotiation. Agreements may also be cancelled and submitted to the negotiation team for new negotiations when:

(a) through (b) No change.

(8) Monitoring:

(a) through (b) No change.

(c) If the agreement conditions have not been satisfactorily met, the inmate or the Department or Commission representatives may recommend continuance, cancellation or renegotiation of the agreement. Recommendations made by the representatives should be prepared at the institution, if possible, signed by all participants subject to review and approval by the Warden; and if approved, then forwarded to the Commission with notification to the Office of the Commission Clerk Release Services Administrator. The Office of the Commission Clerk Release Services Administrator will be provided with an opportunity to review all recommendations at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission. The Commission shall make the final decision on the agreement and notify the representative of the Commission, the Department, the inmate, and Office of the Commission Clerk Release Services Administrator of the final action. Final Commission action shall take place prior to the proposed parole date. Review of the conditions under parole supervision will be the responsibility of the parole supervisor in accordance with Statutes. Additionally, the Commission and the Department shall jointly monitor the total program in order to prepare yearly reports as well as provide evaluation for future program direction.

(9) through (11) No change.

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-20.07, Amended 1-26-93, 3-31-10.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena Pate
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2012