Florida Administrative Code

(1) Public Inspection and Duplication. The following shall be made available from the agency for public inspection and copying, at no more than cost: (a) All final orders which the agency is required to index. (b) A current subject-matter index identifying final orders which are …

For the purpose of Chapter 23-20, F.A.C.: (1) Mutual Participation Program (MPP) shall be where the terms and conditions of institutional confinement, a parole date, the terms and conditions of parole supervision, and parole release date are agreed to by the Department of Correct…

(1) The Department and the Commission shall jointly plan and carry out an orientation program to insure that all inmates and staff are informed of the Mutual Participation Program. (2) The Department and the Commission shall jointly share information regarding inmates involved in…

All parole eligible inmates within the Department shall be eligible for consideration for participation in the Mutual Participation Program provided: (1) They have not been sentenced as a habitual felony offender; (2) They have not been convicted for a capital or life felony; and…

(1) All agreements shall include all time periods from the date of the agreement, through the period of incarceration and termination from parole supervision. (2) Institutional Mutual Participation Program agreement conditions must be satisfied not later than 60 calendar days pri…

Factors to be considered in determining whether or not to approve an individual mutual participation agreement: (1) The inmate shall have a satisfactory release plan as defined in these rules. (2) The standard conditions of parole and any special conditions of parole required by …

(1) The inmate shall have the right to terminate the Mutual Participation Program agreement at any time, without cause. The inmate may cancel the agreement by notifying the Commission and the Department representatives in writing of his election to no longer participate in the pr…

(1) Orientation: Information regarding Mutual Participation Program will be made available to all inmates and staff. (2) Proposal: Each inmate eligible and desiring to participate is responsible for preparation of an initial proposal for consideration by the negotiating team. (3)…

Rulemaking Authority 120.53, 947.06, 947.07, 947.20, 960.001(1)(d)3. FS. Law Implemented 120.53, 947.23, 947.06, 960.001 FS. History-New 9-10-81, Formerly 23-21.01, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 3-31-10, Repealed 12-24-15.

The following definitions are provided for the clarification of all terms used throughout Title 23, F.A.C.: (1) "Aggravate" means to add a number of months to established number of months selected from the matrix time range. (2) "Aggregation" means a process to separate multiple …

(1) All Commission meetings are open to the public. However, due to the nature of the various proceedings, the following procedures are followed relative to persons wishing to address the Commission. Persons requesting permission to speak concerning the setting or reviewing of an…

The Commission, consisting of three Commissioners, appointed by the Chair, shall vote the following types of cases: (1) 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 vo…

A panel consisting of two Commissioners, appointed by the Chair, shall vote the following types of cases: (1) Establishing presumptive parole release dates for offenders whose sentence does not include a capital felony; (2) Inmate initiated reviews of presumptive parole release d…

(1) Upon receipt of notice that an inmate has been committed to the Department or to a county jail for a parole eligible cumulative sentence of 12 months or more, the Commission shall schedule an initial interview for the inmate. Inmates shall be eligible for parole consideration…

Salient factors, subsections (1) through (5), shall be calculated on the inmate's criminal record. (1) NUMBER OF PRIOR CRIMINAL CONVICTIONS: Recidivist Criminal Factor as defined = RCF Three or more prior convictions = 2 Points One or Two prior convictions = 1 Point No prior conv…

The severity of offense behavior shall reflect the present offense of conviction's degree of felony or misdemeanor. If the present offense of conviction involved multiple separate offenses, the severity of offense behavior shall be established for the most serious of the separate…

(1) Calculate and total the Salient Factor Score. (2) Determine the degree of felony or misdemeanor of the Present Offense of Conviction. (3) Locate the Matrix Time Range where the Salient Factor Score total intersects with the Severity of Offense Behavior. (4) If the totality of…

(1) The Commission may render a decision outside the matrix time range based on any competent and persuasive evidence relevant to aggravating or mitigating circumstances if the inmate is furnished a written explanation of such a decision. The requirements of competent and persuas…

Time in custody means only time in actual physical custody for the present offense of conviction. Time out of incarceration shall be part of the calculation of time in custody. Time out shall include but not be limited to bail, supersedeas bond, escape, unauthorized absence from …

(1) An inmate can request one review of each initial presumptive parole release date established according to Section 947.173(1), F.S., if the inmate shows cause in writing, with individual particularities, within sixty (60) days after the date the inmate is notified of the estab…

(1) The Commission shall schedule a subsequent interview for every eligible inmate as required by Section 947.174, F.S. (2) The Commission investigator shall review the inmate's institutional file to determine if there is new information since the previous interview. New informat…

(1) Eligibility: A parole eligible inmate may be considered for a special interview for the following reasons: (a) The saving of a life or the protection of a Department employee from assault or injury as verified by the Department; (b) Providing information to the administration…

(1) Within ninety (90) days before the effective parole release date interview, the Commission shall send written notice to the sentencing judge of any inmate who has been scheduled for an effective parole release date interview. If the sentencing judge is no longer serving, the …

(1) When an inmate's case is referred for extraordinary review by the Commission, an order shall be prepared outlining the reason(s) for the Commission's decision. The order shall be acted upon by the Commission within 90 days of the decision declining to authorize the effective …

(1) In conducting extraordinary interviews, investigators shall follow the procedures specified in these rules for conducting effective parole release date interviews and, additionally, shall obtain information relevant to the Commission's previous determination that the inmate w…

(1) The following are the Standard Conditions of Parole: (a) Condition 1 - Promptly upon being released on parole, I shall proceed to my planned place of residence. I shall report in person to the probation and parole office in _______ County, Florida, as instructed by the releas…

(1) Within 30 days of the effective parole release date interview, the Commission shall inform the inmate of the inmate's effective parole release date. The inmate shall be provided with a certified copy of the term and conditions for the inmate's individualized parole. The inmat…

(1) Any inmate who is serving both parole eligible and ineligible sentences is eligible for parole consideration only on the eligible sentence or sentences. However, actual terms of parole service shall not be initiated until the satisfactory completion of the parole ineligible s…

(1) Postponement: Any Commissioner has authority to postpone any inmate's effective parole release date when new information is received by the Commission subsequent to the grant of parole, to include an unsatisfactory release plan, unsatisfactory institutional conduct, or any ot…

(1) The Commission may terminate the period of parole at any time it is satisfied jurisdiction has been retained for sufficient length of time to evidence satisfactory rehabilitation. The Department of Corrections may request early termination of parole by written recommendation …

(1) A warrant for the arrest of a parolee shall be issued only by a member of the Commission. The decision to issue a warrant shall be based on evidence which indicates there may be probable cause or reasonable grounds to believe a parolee has violated the conditions of the parol…

(1) Preliminary Hearing. Within 30 days of service of the Commission's warrant in this State, an alleged parole violator will be provided a preliminary hearing. The purpose of the preliminary hearing is to determine if there is probable cause that a violation of parole has occurr…

(1) Advance the Control Release Date (CRD) - is to change a CRD to an earlier date than previously established. (2) Aggravate - is to determine case specific reason(s) for finding an inmate ineligible for an early or advanceable CRD when the inmate is evaluated eligible by the ob…

(1) A victim, relative of a minor who is a victim, relative of a homicide victim, victim representative or victim advocate (hereinafter referred to as victims) shall receive advance notification any time a control release case is placed on the docket for Commission action regardi…

(1) Upon the Commission's receipt of notice from the Department that an inmate eligible for control release has been committed to the Department, the Administrator of Control Release shall schedule an evaluation for the inmate to be conducted by a Commission investigator and forw…

(1) Where a control release eligible sentence runs consecutive to or concurrent with a parole-eligible sentence, the Commission shall establish the CRD within 90 days following expiration of the parole-eligible sentence or within 90 days following parole to the control-release el…

(1) The power and duty to extend or advance an inmate's CRD shall be by a panel of no fewer than two members of the Commission. (2) Recently discovered information of past criminal conduct shall include information relating to prior criminal behavior which was not known by the Co…

Rulemaking Authority 947.07, 947.146(7)(h), 947.20 FS. Law Implemented 947.146 FS. History-New 9-1-90, Repealed 3-31-10.

(1) Inmates shall have no right of review for control release dates as established by the Commission. (2) The Commission or the Chair can direct the review of any category of established CRDs based on the lawful prison capacity. (3) Any inmate whose CRD is in the maximum category…

(1) Prior to an inmate being released by control release, the Commission shall determine whether there is to be a period of supervision. If there is supervision, the length of supervision shall be determined as follows: (a) If the inmate is serving a single or concurrent sentence…

(1) Warrants. (a) A warrant for the arrest of a control releasee shall be executed only by a Commissioner except in the case of an emergency warrant as provided in subsection (2), herein. The decision to issue a warrant shall be based on evidence which indicates reasonable ground…

Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.141, 947.146 FS. History-New 9-1-90, Amended 8-24-92, 1-5-94, Repealed 3-31-10.

(1) Chair - is the Chair of the Florida Commission on Offender Review. (2) Conditional Release - means the release of any offender eligible under Section 947.1405(2), F.S. (3) Conditional Releasee - means an inmate placed on conditional release supervision. (4) Conditional Releas…

The Commission shall provide the opportunity to victims to have input into the Commission decisions: (1) A victim, relative of a minor who is a victim, a homicide victim representative or advocate (hereinafter referred to as victims) shall be permitted to submit a prepared text, …

(1) Within 180 days prior to an inmate's Tentative Release Date or Provisional Release Date whichever is earlier, as established by the Department of Corrections, the Department shall review the inmate's program participation, disciplinary record, psychological and medical record…

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405 FS. History-New 10-20-91, Repealed 3-31-10.

(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 offe…

(1) Warrants. (a) A warrant for the arrest of a conditional releasee shall be executed only by a Commissioner, except in the case of an emergency warrant as provided in subsection (2), herein. The decision to issue a warrant shall be based on evidence which indicates reasonable g…

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1405, 947.141 FS. History-New 10-20-91, Amended 1-5-94, Repealed 3-31-10.

(1) The Department of Corrections shall identify and refer inmates who they have determined to be "permanently incapacitated" or "terminally ill", to be considered for conditional medical release by the Commission. Inmates under sentence of death are ineligible. To constitute a r…