The purpose and effect of the proposed rule is to remove the requirements that an offender must complete at least eighteen months of his supervision period and that approval be obtained from the circuit administrator.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-302.111: Early Termination of Supervision
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to remove the requirements that an offender must complete at least eighteen months of his supervision period and that approval be obtained from the circuit administrator.
SUMMARY: The proposed amendment to Rule 33-302.111, F.A.C., removes the requirement that an offender complete at least eighteen months of his supervision period and removes the requirement that approval for early termination of supervision be obtained from the circuit administrator. The offender will be required to obtain approval from the officer’s supervisor, the State Attorney’s Office, and the victim, if the crime involved a victim.
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: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-302.111 Early Termination of Supervision.

(1) Before a correctional probation officer considers recommending an offender for early termination of supervision, the following criteria shall be met:

(a) Completion of one-half of the supervision period or at least eighteen months, whichever is greater;

(b) through (d) No change.

(e) A Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) records check reveals no new arrest during the course of supervision of which the sentencing or releasing authority has not been previously notified; and

(f) No violations of supervision are pending; and

(g) The offender has made satisfactory adjustment under supervision and is no longer in need of supervision.

(2) In order for an officer to request an early termination of supervision from the sentencing or releasing authority, approval must be obtained from the officer’s supervisor, the circuit administrator, the State Attorney’s Office, and the victim, if the offense involved a victim. If the State Attorney’s office denies the request, or the victim opposes the early termination, the department will not proceed with the early termination recommendation. The officer shall not disclose a victim’s objection to the offender.

(3) No change.

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 11-26-01, Amended 6-29-03, 12-2-04,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Shari Britton, Chief, Bureau of Probation & Parole Field Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 22, 2008