Commission Meetings, Biennial Interview Procedure

 

FLORIDA PAROLE COMMISSION

RULE NOS.:RULE TITLES:
23-21.004Commission Meetings
23-21.013Biennial Interview Procedure

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 60, October 29, 2012 issue of the Florida Administrative Register.

23-21.004 Commission Meetings and Victim Input.

(1) No change.

(2) A victim, relative of a minor who is a victim, relative of a homicide victim, victim representative or victim advocate (hereinafter referred to as victims) shall receive advance notification any time a parole case is placed on the docket for Commission action regarding that inmate. Victims shall be notified at the most current address available to the agency.

(3) Victims of the crime committed by the inmate, or a victim’s representative, shall be permitted to make an oral statement or submit a written statement regarding their views as to the granting, denying, or revoking of parole.

(4) Victims addressing the Commission regarding a particular inmate or parolee are allowed a reasonable time as designated by the Chair to make a presentation to the Commission at a Commission meeting. Other interested parties may also speak on behalf of victims since Commission meetings are public meetings.

(5) Victims are permitted to read from a prepared text or speak with the use of notes. Any prepared text can be entered into the inmate’s record following the victim’s oral presentation. Victims will be allowed to use photographs and other aids in making a presentation. Victims who prefer shall be permitted to play a tape or present a video presentation in lieu of or in addition to a personal presentation, provided the total does not exceed the allotted time.

(6) All materials submitted by victims to the Commission will be included in the inmate file and shall be stamped confidential and excluded under the public records law.

(7) Victims who choose not to appear at meetings or make a written statement, but wish only to be notified of the action taken by the Commission, will be notified of such action at a reasonable time after the meeting.

(8) Victims who appear at a meeting or submit a written statement will be notified of action taken by the Commission at the meeting or within a reasonable period of time after the meeting.

(9) Victims who provide written or verbal testimony at the Commission meeting shall be advised that any information submitted at Commission meetings shall become public record.

(10) Capturing of images or audio through any means, including cell phones, of the Commission meetings is prohibited without specific, express, written permission of the Chair after a determination by the Chair that it would serve public interest and protect public safety. Such permission must be requested at least seven (7) days prior to the Commission meeting.

(11)(2) When, as a result of a visitor presentation, a panel of Commissioners requests additional information be secured and returned to the Commission for review, upon receipt, the new information shall be placed on the docket for consideration by the panel of Commissioners which requested it.

(12)(3) No testimony will be allowed is entertained at Commission meetings regarding revocations unless stipulated on the record at the time the final revocation hearing is conducted and with the prior written approval of the Chair. The Chair must determine that such testimony will serve the public interest and protect public safety. The public is welcome to attend and observe the meetings.

(13)(4) In that the inmate may not be present at Commission meetings, no testimony is entertained will be allowed at those meetings regarding rescission matters, unless stipulated on the record at the time of the rescission hearing and with the prior written approval of the Chair. The Chair must determine that such testimony will serve the public interest and protect public safety. The public is welcome to attend and observe the meetings.

Rulemaking Specific Authority 947.06, 947.07 FS. Law Implemented 947.06, 947.149, 947.16, 947.172, 947.174, 947.173 FS. History–New 9-10-81, Formerly 23-21.04, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06,________.

 

23-21.013 Subsequent Interview Procedure.

(1) The Commission shall schedule a subsequent interview for every eligible inmate as follows: required by Section 947.174, F.S.

(a) For any inmate, except an inmate convicted of an offense enumerated in paragraph (b), whose presumptive parole release date falls more than 2 years after the date of the initial interview, the Commission shall schedule a subsequent interview to take place within 2 years after the initial interview and at least every 2 years thereafter.

(b) For any inmate convicted as stated in §947.174, F.S., and whose presumptive parole release date is more than 7 years after the date of the initial interview, the Commission shall schedule a subsequent interview to take place within 7 years after the initial interview and at least every 7 years thereafter if the Commission finds that it is not reasonable to expect that parole will be granted at a hearing during the following years and states the bases for the finding in writing. The date may be set at any time up to and including 7 years.

(2) through (7) No change.

Rulemaking Specific Authority 947.07, 947.174 FS. Law Implemented 947.174 FS. History–New 9-10-81, Amended 8-1-83, Formerly 23-21.13, Amended 1-26-93, 1-5-94, 8-17-06,________.