Revocation of Parole; Preliminary Hearings; Final Hearings

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.: RULE TITLE:
23-21.022: Revocation of Parole; Preliminary Hearings; Final Hearings

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. 43 No. 68, April 7, 2017 issue of the Florida Administrative Register.

The changes are in response to comments by the Joint Administrative Procedures Committee in a letter dated April 19, 2017.  The changes to the proposed rule are as follows:

23-21.022 Revocation of Parole; Preliminary Hearings; Final Hearings.

(1) through (4) No change.

(5) Waiver of Preliminary Hearing.

(a) A parolee serving a state sentence within the State of Florida may waive his or her preliminary hearing 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 parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the parolee is housed, appropriately witnessed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after appropriate notice. 

(b) A parolee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her preliminary hearing in absentia. Upon receipt of the written waiver request, the Commission can elect to either proceed with the preliminary hearing or wait until the parolee has completed his or her sentence in the other jurisdiction and is returned to Florida.  The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the parolee is housed, appropriately witnessed, and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(6) through (15) No change.

(16) Waiver of Final Hearing.

(a) A parolee serving a state sentence within the State of Florida may waive his or her final hearing 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 parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the parolee is housed, appropriately witnessed, and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after appropriate notice from the Department that the parolee has been returned to the custody of the Department from another jurisdiction. 

(b) A parolee serving a sentence in a jurisdiction outside the State of Florida or serving a federal sentence may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the revocation.  Upon receipt of the written waiver request, the Commission can elect to either proceed with the revocation or wait to make a final decision as to the revocation until the parolee has completed his or her sentence in the other jurisdiction and is returned to Florida.  The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, Department of Corrections staff, or staff of the correctional facility where the parolee is housed, appropriately witnessed, and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after appropriate notice.

(17) through (28) No change.