23-22.013: Control Release Supervision
23-22.014: Revocation of Control Release
PURPOSE AND EFFECT: The Commission proposes to update rules to conform to current practices and procedures, deleting obsolete rules and standardizing to conform to other types of Commission supervision.
SUMMARY: The proposed changes conforms the standard conditions of control release supervision to other forms of supervision. The hearing and revocation procedures are also updated to clarify current practice and conform to other forms of supervision.
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: 947.07, 947.146, 947.20 FS.
LAW IMPLEMENTED: 947.141, 947.146, 947.147 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 7, 2010, 9:00 a.m.
PLACE: Florida Parole Commission, 2601 Blair Stone Road, Bldg C., Hearing Room A, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399 If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399
THE FULL TEXT OF THE PROPOSED RULE IS:
23-22.013 Control Release Supervision.
(1) through (3) No change.
(4) All persons placed solely on control release supervision shall initially be subject to the standard conditions of control release:
(a) The standard conditions of control release shall include the following:
1. I shall, promptly upon being released on control release, proceed to my planned place of residence identified on page one. I shall report in person to the probation and parole office in ____ County, Florida, as instructed by my release officer on _____ at ______. If no specific report/time is given, I shall report within 72 hours of my release within three working days to my supervision office at the address provided in this agreement, reporting by personal visit to my control release officer under whose supervision I am to be placed. I shall continue to report as directed.
2. No change.
3. I shall submit a full and truthful report to my control release officer before the fifth day of each month in writing on the forms provided in person or as directed by my control release officer.
4. I shall not:
a. Use or possess alcohol or intoxicants of any kind, to excess,
b. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.
c. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages,
5. I 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. through 7. No change.
8. I shall:
a. No change.
b. Waive extradition back to the State of Florida if I am wanted for return as an alleged control release violator,
c. through d. No change.
9. through 11. No change.
12. I agree to pay any court ordered payments such as child support and restitution. cost of supervision and rehabilitation as calculated and assessed by the Department of Corrections as provided and required in Section 948.09, Florida Statutes.
13. I shall execute and provide authorizations to release records to my control release officer and the Commission so that my progress and participation in required programs can be monitored and documented.
(b) No change.
(5) through (6) No change.
(7) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a control 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 control release. A panel of no fewer than two Commissioners shall discharge from control 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 control releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of control release.
(8) A panel of no fewer than two Commissioners shall review the progress of each person who has been placed on control release after 2 years of supervision 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 control 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 control release supervisor. (10) Such modification shall not impose new or different terms or conditions of control release more restrictive than was stated in the original certificate.
(10) Such modification shall not impose new or different terms or conditions of control release more restrictive than was stated in the original certificate.
Rulemaking Specific Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS. History–New 9-1-90, Amended 8-24-92, 1-5-94,________.
23-22.014 Revocation of Control Release.
(1) Warrants.
(a) No change.
(b) All warrant requests will be reviewed by staff for sufficiency of information and if found sufficient, staff shall submit either:
1. Submit the warrant to a Commissioner or Commissioners for a decision., or
2. If approved by the revocations administrator or his designee, docket the warrant request for a decision by a panel of no fewer than two Commissioners rather than placing the request before a single Commissioner.
(c) through (d) No change.
(e) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. Alleged violators of control release will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless in custody. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.
(f) Should a warrant be issued and a dismissal of the warrant is requested by the Revocation Administrator or his designee, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause.
(2) No change.
(3) Release on Recognizance.
(a) The Commission, or a Commissioner or a duly authorized representative of the Commission may at any time during the violation process, release a control releasee on recognizance bond, conditioned upon the control releasee’s appearance at any hearings noticed by the Commission or until further order of the Commission. However, any release on recognizance bond authorized by a hearing officer who is not a Commissioner, shall be with the approval of the revocation administrator or his designee.
(b) through (d) No change.
(4) Control Release Violation Hearing.
(a) through (b) No change.
(c) Any control release violation hearing may be waived by the control releasee 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 control releasee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be appropriately witnessed, and postmarked received at the Commission headquarters within 14 days after the execution of the waiver. Upon receipt of a timely the waiver withdrawal request, a control release violation hearing shall be convened after appropriate notice.
(d) No change.
(e) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed/retained attorney raises competency issues, then evidence of mental competency/incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may either order the violation process proceed, that the violation process be placed in abeyance, or such other order as it considers proper.
(f)(e) The control release violation hearing shall be convened within 45 days of receipt of written notification from the Department of Corrections that the alleged violator has been returned to the custody of the Department from another jurisdiction.
(g)(f) Subpoenas and subpoenas duces tecum for the control releasee and the Commission shall be issued by a Commissioner or duly authorized representative of the Commission on behalf of the State or the control releasee. The Commission, a Commissioner or a duly authorized representative of the Commission may decline a request to subpoena a witness whose testimony is found to be cumulative, irrelevant or nonprobative. The party requesting the subpoenas shall furnish to the Commission, a Commissioner or a duly authorized representative of the Commission the names and addresses of his proposed witnesses at least 14 days prior to the hearing date.
(h)(g) At the hearing, the accused violator may waive representation by an attorney, provided the waiver is reflected clearly in writing or in the record of the proceeding. Should the control releasee desire, retained counsel may represent the control releasee at the hearing. In the event the control releasee desires counsel and has not retained one, the following procedure shall apply:
1. through 2. No change.
(i)(h) During a control release violation hearing, the hearing officer may entertain arguments of counsel or the control releasee. The hearing officer may elect to rule on such matters during the course of the hearing or may elect to withhold ruling pending consultation with counsel or staff. Arguments of counsel of a legal nature must be reduced to writing, and, if possible, presented prior to the hearing.
(j)(i) Based on evidence presented at the violation hearing, or received by stipulation, the hearing officer shall make findings of fact regarding the alleged violations, with a written recommendation to the Commission.
(k)(j) When the Commission finds that the control releasee has committed one or more violations, the Commission shall cause an order to be entered, attested to by the agency clerk or his designee, revoking, modifying or terminating the control release, or restoring the control releasee to supervision. Notification by copy of the Commission order shall be provided to the control releasee. If the decision of the Commission is to revoke, the order entered shall contain the evidence relied upon and the reasons for the revocation.
(l)(k) The hearing officer conducting the hearing may elect to receive information following the violation hearing if the control releasee stipulates to the receipt of such information and such stipulation is reflected in the record.
(m)(l) When a panel of no fewer than two (2) Commissioners commissioners revokes control release, the control releasee shall be entitled to credit for time spent in custody prior to the violation hearing for all charges that appear on the warrant and/or notice of hearing, as decided by the panel prior to the violation hearing. Time spent in another jurisdiction as a result of intervening sentence(s) shall be considered. Credit for time in custody shall be reflected in the order of revocation of control release.
(n) The Commission shall consider the credit for time served on control release in each case. The actual award of such credit is discretionary with the Commission. Credit for time served on control release shall be reflected in the Commission’s order.
(o) Pursuant to the United States Supreme Court’s decision in Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the federal exclusionary rule.
(p)(n) When a panel of no fewer than two (2) Commissioners commissioners revokes control release, the control releasee shall be scheduled for an evaluation by Commission staff following notification by the Department that the inmate has been received, provided that the releasee is statutorily eligible.
Rulemaking Specific Authority 947.07, 947.146(7)(h), 947.20 FS. Law Implemented 120.53, 947.146 FS. History–New 9-1-90, Amended 4-20-94, 1-5-94,________.