23-23.010. Conditional Release Supervision

(1) Prior to an inmate being released by conditional release, the Commission shall determine the terms and conditions of supervision.

(2) If an inmate has received a term of probation or community control supervision to be served after release from incarceration, and his/her offense was committed prior to July 1, 2001, he/she is not eligible for conditional release supervision. If the offense was committed on or after July 1, 2001, then conditional release supervision will defer to and run concurrent with the term of probation or community control supervision. Upon expiration of the court imposed supervision, the offender will be subject to the conditions of conditional release supervision until the maximum period of conditional release supervision expires.

(3) An inmate who has been convicted of a violation of Chapter 794, F.S., or is found by the court to be a sexual predator in accordance with Florida Statute is subject to the maximum level of supervision provided, and that supervision shall continue through the end of the releasee’s original court-imposed sentence. The length of supervision must not exceed the maximum penalty imposed by the court.

(4) An inmate who is subject to conditional release supervision shall not be subject to provisional release supervision.

(5) All persons placed solely on conditional release supervision shall initially be subject to the standard conditions of conditional release upon their release from incarceration.

(a) The standard conditions of conditional release shall be the following:

1. Promptly upon being released on Conditional Release, you will proceed to your planned place of residence identified on page one. You shall report in person to the probation and parole office in________ County, Florida, as instructed by the release officer, on ________ at ________. If no specific report date/time is given, you shall report within 72 hours of your release.

2. You shall secure the permission of your Conditional Release Supervisor before:

a. You change your residence or employment,

b. You leave the county of your residence or the state,

c. You post bail or accept pretrial release if you are arrested for a felony.

3. You shall submit a full and truthful report to your Conditional Release Supervisor each month in writing on the forms provided in person, as directed by your Conditional Release Supervisor.

4. You shall not:

a. Own, carry, possess, or have in your constructive possession a firearm or ammunition.

b. Use or possess alcohol or intoxicants of any kind.

c. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

d. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

5. You shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

6. You shall secure the permission of your Conditional Release Supervisor before you own, carry or have in your constructive possession a knife or any other weapon.

7. You shall obey all laws, ordinances and statutory conditions of conditional release.

8. You shall:

a. Submit to reasonable search by a Conditional Release Supervisor, of your person, residence or automobile,

b. Waive extradition to the State of Florida if you are wanted for return as an alleged conditional release violator,

c. Permit your Conditional Release Supervisor to visit you at your residence, employment or elsewhere,

d. Promptly and truthfully answer all questions and follow instructions asked or given to you by your Conditional Release Supervisor or the Commission.

9. You understand that you are to remain on conditional release until released therefrom by expiration or by Commission order.

10. During your conditional release term, you shall submit to random testing as directed by your supervising officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S.

11. During your conditional release term, you shall submit and pay for urinalysis testing to identify drug usage and understand that your failure to make such payment or participate as defined under this condition of your conditional release will be considered grounds for revocation of conditional release by the Commission on Offender Review.

12. I agree to pay any court ordered payments such as child support, restitution, or civil liens resulting from restitution orders.

13. You shall execute and provide authorizations to release records to your Conditional Release Supervisor and the Commission so that your progress and participation in required programs can be monitored and documented.

(b) In addition to these standard conditions, the Commission shall require such special conditions of conditional release supervision as it deems necessary.

(6) There shall be no right of review of the terms and conditions of conditional release as determined by the Commission.

(7) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a conditional releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of conditional release. A panel of no fewer than two Commissioners shall discharge from conditional release, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the conditional releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of conditional release.

(8) A panel of no fewer than two (2) commissioners shall review the progress of each person who has been placed on conditional release after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a conditional releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(c) Annual reporting – one personal contact required every twelve (12) months.

(9) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the conditional release supervision.

(10) Such modification shall not impose new or different terms or conditions of conditional release more restrictive than was stated in the original certificate.

Rulemaking Authority 947.07 FS. Law Implemented 947.1405, 947.141 FS. History–New 10-20-91, Amended 1-5-94, 3-31-10, 7-16-17.