23-25.002: Definitions
23-25.005: Revocation of Addiction Recovery Supervision
PURPOSE AND EFFECT: The Commission proposes to update rules to conform to current practices and procedures, standardizing to conform to other types of Commission supervision.
SUMMARY: The proposed changes conforms the standard conditions of Addiction Recovery supervision to other forms of supervision. The hearing and revocation procedures are also updated to clarify current practice and conform to other forms of supervision.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 944.4731 FS.
LAW IMPLEMENTED: 944.4731, 947.141 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 7, 2010, 9:00 a.m.
PLACE: Florida Parole Commission, 2601 Blair Stone Road, Bldg C., Hearing Room A, Tallahassee, FL 32399
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: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399 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: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399
THE FULL TEXT OF THE PROPOSED RULE IS:
23-25.002 Definitions.
(1) through (11) No change.
(12) Standard Conditions of Supervision means conditions which will be required of every releasee as standard practice and procedure of the Commission. include the following:
(a) Promptly upon being released on addiction recovery supervision, you will proceed to (address) _____, where you will reside. Within 3 days of your release, you will report by personal visit to the Addiction Recovery Supervisor under whose supervision you are to be released.
(b) You shall secure the permission of your Addiction Recovery Supervisor before:
1. You change your residence or employment,
2. You leave the county of your residence or the state,
3. You post bail or accept pretrial release if you are arrested for a felony.
(c) You shall submit a full and truthful report to your Addiction Recovery Supervisor before the fifth day of each month in writing on the forms provided or in person.
(d) You shall not:
1. Use alcohol or intoxicants of any kind.
2. Use or possess narcotics, drugs or marijuana unless prescribed by a physician.
(e) You shall not knowingly associate with any person who is engaging in any criminal activity.
(f) You shall secure the permission of your Addiction Recovery Supervisor before you own, carry, or have in your constructive possession a knife or any other weapon.
(g) You shall obey all laws, ordinances and statutory conditions of addiction recovery supervision.
(h) You shall:
1. Submit to a search by an Addiction Recovery Supervisor of your person, residence or automobile,
2. Waive extradition back to the state of Florida if you are wanted for return as an alleged addiction recovery supervision violator,
3. Permit your Addiction Recovery Supervisor to visit you at your residence, employment or elsewhere,
4. Promptly and truthfully answer all questions and follow instructions asked or given to you by your Addiction Recovery Supervisor or the Commission.
(i) You understand that you are to remain on addiction recovery supervision until released therefrom by expiration or by Commission order.
(j) During your addiction recovery supervision term, you shall submit to random testing as directed by your supervising officer or the professional staff of any treatment center or residential program where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S.
(k) During your addiction recovery supervision term, you shall submit and pay for urinalysis testing to identify alcohol and/or drug usage and understand that your failure to make such payment or participate as defined under this condition of your addiction recovery supervision will be considered grounds for revocation of addiction recovery supervision by the Parole Commission.
(l) You shall pay cost of supervision and rehabilitation as calculated and assessed by the Department of Corrections as provided and required in Section 948.09, F.S., and any court ordered payments such as child support and restitution.
(m) You shall participate and be supervised under drug offender probation pursuant to Section 948.001(4), F.S.
(n) You shall not enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.
(o) You shall execute and present to your Addiction Recovery Supervisor all necessary authorizations to release records to your Addiction Recovery Supervisor and the Commission so that your progress and participation in required programs can be monitored and documented.
(p) If you are accepted into a substance-abuse-transition housing program, you shall comply with the terms and conditions of that program, including payment of fees to defray the cost of your participation.
(q) You must participate in (Alcoholics Anonymous or Narcotics Anonymous) and attend meetings as directed by your Addiction Recovery Supervisor.
(13) Tentative Release Date means the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain-time.
(14) through (15) renumbered (13) through (14) No change.
Rulemaking Specific Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. HistoryNew 2-10-03, Amended_________.
23-25.005 Revocation of Addiction Recovery Supervision.
(1) Warrants.
(a) through (c) No change.
(d) A request for a warrant shall be denied only by a Commissioner or the Commission and the reasons for denial shall be provided to the requestor, except in the case of an emergency warrant.
(e)(d) If staff submits a warrant request to a Commissioner for a review, the reviewing Commissioner shall execute the warrant, deny the warrant, or have the warrant request placed before a panel of no fewer than two (2) Commissioners for a decision. Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. Alleged violators of addiction recovery supervision will be entered into the Florida Crime Information Center and the National Crime Information Center, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.
(f)(e) Should a warrant be issued and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause.
(2) through (3) No change.
(4) Addiction Recovery Supervision Violation Hearing.
(a) through (b) No change.
(c) Any Violation hearing may be waived by the Releasee after an explanation of the consequences of a waiver. The waiver shall be in writing and shall be executed before a Commissioner or duly authorized representative of the Commission. The Releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked within 14 days after the execution of the waiver. Upon receipt of a timely the waiver withdrawal request, a violation hearing shall be convened after appropriate notice.
(d) through (e) No change.
(f) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed/retained attorney raises competency issues, then evidence of mental competency/incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may either order the violation process proceed, that the violation process be placed in abeyance, or such other order as it considers proper.
(g)(f) Subpoenas and subpoenas duces tecum for the Releasee and the Commission shall be issued by a Commissioner or a duly authorized representative of the Commission on behalf of the State or the Releasee. The Commission, a Commissioner or a duly authorized representative of the Commission will decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or non-probative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.
(h)(g) At the hearing, the Releasee may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the Releasee desire, retained counsel may represent the Releasee at the hearing. If the Releasee desires counsel and has not retained one, the following procedure shall apply:
1. through 2. No change.
(i)(h) During the violation hearing, the person conducting the hearing has authority to entertain arguments of counsel or the Releasee. The person conducting the hearing has authority to elect to rule on such matters during the course of the violation hearing or may elect to withhold ruling pending consultation with counsel or staff. Arguments of counsel of a legal nature must be reduced to writing, and, if possible, presented prior to the violation hearing.
(j)(i) Based on evidence presented at the violation hearing, or received by stipulation, the person conducting the hearing shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission. When the Commission finds that the Releasee has committed one or more violations, the Commission shall enter an order revoking the addiction recovery supervision, restoring the Releasee to supervision or such an order as deemed appropriate. Notification by copy of the Commission order shall be provided to the Releasee. If the decision of the Commission is to revoke, the order entered shall contain the condition(s) that have been violated and the evidence relied upon.
(k)(j) The person conducting the hearing has authority to elect to receive information following the violation hearing if the Releasee stipulates to the receipt of such information and such stipulation is reflected in the record.
(l)(k) When a panel of no fewer than that two Commissioners revokes addiction recovery supervision, the Releasee shall be entitled to credit for time spent in custody on all charges appearing on the Commissions warrant and/or notice of hearing prior to the violation hearing. Time spent in another jurisdiction as a result of intervening sentences shall be considered. Credit for time in custody as decided by the panel shall be reflected in the order of revocation of addiction recovery supervision.
(m) The Commission shall consider the credit for time served on addiction recovery supervision in each case. The actual award of such credit is discretionary with the Commission. Credit for time served on addiction recovery supervision shall be reflected in the Commissions order.
(n)(m) Pursuant to the United States Supreme Courts decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.
Rulemaking Specific Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. HistoryNew 2-10-03, Amended_________.
