The purpose is to simplify the language used, to update or remove outdated programs, and to ensure conformity with Rule 23-21.0052, F.A.C. The effect is to make the rule easier to understand, comport with agency practice, and ensure conformity with ...

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:

23-21.0051: Full Commission Reviews

PURPOSE AND EFFECT: The purpose is to simplify the language used, to update or remove outdated programs, and to ensure conformity with Rule 23-21.0052, F.A.C. The effect is to make the rule easier to understand, comport with agency practice, and ensure conformity with Rule 23-21.0052, F.A.C.

SUMMARY: An update to the language used and a removal of outdated programs to ensure the rule is consistent with agency practice and ensures conformity with Rule 23-21.0052, F.A.C.

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 conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any review of the revisions to the rule and determined that the impact or regulatory cost, if any, will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.

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, 947.20, FS.

LAW IMPLEMENTED: 947.06, 947.07, 947.135, 947.141, 947.172, 947.1745, 947.1746, 947.18, 947.19, 947.23, 947.24, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].. 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: Rana Wallace, General Counsel, Florida Commission on Offender Review, 4070 Esplanade Way, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

23-21.0051 Full Commission Reviews.

The Commission, consisting of three Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) In any case where a panel agrees to set or reduce a Presumptive Parole Release Date or Mutual Participation Program parole release date which would place or continue to place that date within the period of retained jurisdiction by a court, the case shall be referred to the full Commission for consideration of that action;

(1)(2) Upon receipt of significant information impacting on parole decision-making, a single Commissioner can have a case placed on the docket for a full Commission vote;

(2)(3) A panel of Commissioners is authorized to refer a case originally placed on the docket for its consideration to the full Commission. Should a panel split in their vote on any case voted on by a panel, to refer a case to the full Commission, the Chair or his or her designee will cast the deciding vote. If the Chair agrees that the case should be referred to the full Commission, the member of the panel who voted to refer will be responsible for preparing the memorandum;

(4) When a panel is unable to agree and the case is referred to the Chair, the Chair shall either concur with one of the voting panel members or refer the case to the full Commission;

(3)(5) Whenever a panel of Commissioners reviews a case which is on a docket and for consideration and the panel determines that new information has been gathered which suggests an extension or reduction modification of the established presumptive parole release date greater than  in excess of sixty (60) months, the panel shall make its recommendation for such extension or reduction modification and refer the case to the full Commission. The panel’s recommendation regarding the new information shall include a statement of the specific reason for its recommendation;

(4)(6) In any case where a panel agrees to set or reduce modify a Mutual Participation Program parole release date sixty (60) months or more, below the established presumptive parole release date PPRD, the panel shall make its recommendation for such extension modification and refer the case to the full Commission for decision;

(7) Cases for which notice has been provided to the sentencing court, under the provision of Section 947.1745(4), F.S., and for which the court has submitted a written objection to parole release;

(5)(8) All parole violation cases following final hearing;

(6)(9) All effective interviews, and extraordinary interviews, and extraordinary reviews;

(7)(10) Decisions on All conditional medical release cases;

(8)(11) Setting Establishing presumptive parole release dates for capital felony offenders whose sentence includes a 25-year mandatory minimum term;

(9)(12) Reviewing presumptive parole release dates requests filed pursuant to Section 947.173, F.S., for capital felony offenders whose sentence includes a 25-year mandatory minimum term;

(10)(13) Parole cases in which the Department of Corrections is making a recommendation, separately from any other scheduled action;

(14) Cases in which the presumptive parole release date is within the retained jurisdiction period of the court;

(11)(15) Rescinding or nullifying a parole granted by the Commission;

(12)(16) Reviewing the term and conditions of parole as outlined in Rule 23-21.017, F.A.C.;

(13)(17) When the Commission cannot reach a majority vote, the action of the Commission is no action and the case will be placed on the next docket; and

(14) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of a presumptative parole release date for capital felony offenders.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.07, 947.149, 947.18, 947.20 FS. History–New 1-26-93, Amended 1-5-94, 8-17-06, 2-3-14, _____________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Commission on Offender Review

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melinda Coonrod, Chair, Florida Commission on Offender Review

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2016