RULE NO.:RULE TITLE:
23-21.013Subsequent 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. 39, No. 236, December 6, 2013 issue of the Florida Administrative Register.
23-21.013 Subsequent Interview Procedure.
(1) through (4) No change.
(5) For inmates serving parole-eligible sentences imposed by a court of this state and housed in a facility outside Florida, the Commission shall request, through the Department of Corrections’ Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other state. The Department of Corrections shall forward the Commission’s Inmate Input Form to the other state for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The parole examiner shall reduce the recommendation to writing and send it to the Chair within 10 days of receipt of the out-of-state materials. The Inmate Input Form, FPC IC-001, effective August 17, 2006, adopted and incorporated by reference https://flrules.org/gateway/ruleno.asp?id=23-21.013&Section=0, may be obtained by contacting the Florida Parole Commission, Office of the Commission Clerk, 4070 Esplanade Way, Tallahassee, Florida 32399-2450, (850) 488-1293.
(6) Within ninety days following the subsequent interview or receipt of the out-of-state materials, the quorum shall reach a decision on each recommendation made by the parole examiner and notify the inmate of the decision. Based upon competent and persuasive evidence, the quorum may accept or reject the parole examiner’s recommendation and may independently determine whether or not information has been gathered which affects the inmate’s presumptive parole date. The Commissioners shall each identify the reasons for rejecting a parole examiner recommendation to modify. The Commissioners shall also each identify the reasons for any final determinations modifying the presumptive parole release date.
(7) No change.
Rulemaking 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, 2-12-13,__________.
