Notice of Development of Rulemaking

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 requirement that an offender complete at least eighteen months of their supervision period and the requirement that approval for early termination of supervision be obtained from the circuit administrator.
SUBJECT AREA TO BE ADDRESSED: Early termination of supervision.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jamie Jordan-Nunes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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,_________.