Fla. Admin. Code Ann. R. 23-21.006 - Initial Interview Procedure

(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 on all sentences which were not imposed pursuant to Sentencing Guidelines. An inmate currently serving a sentence imposed pursuant to Sentencing Guidelines shall not be eligible for parole consideration upon a consecutive non-guidelines sentence until service of the latter sentence has begun. The following criteria shall be used in determining parole eligibility:

(a) Is the inmate confined solely as a result of a sentence or sentences imposed under Sentencing Guidelines? If the answer is yes, the inmate is not eligible for parole consideration. If the answer is no, then:

(b) Where the inmate is confined as a result of multiple sentences, at least one of which is a sentence imposed under Sentencing Guidelines, whether concurrent or consecutive, the inmate shall be eligible for parole consideration, and can be paroled to the incarceration portion of the sentence(s) imposed under Sentencing Guidelines.

(2) Inmates received into the custody of the Department of Corrections with sentences imposed under Sentencing Guidelines will be identified by the Department. Staff located in the Commission's central office will then make parole eligibility determinations and assign parole interview dates.

(a) The initial parole interview date for a person whose parole is revoked shall be set by the Commission within six months of the revocation.

(b) The initial parole interview date for a parole violator returned to the Department's custody with any new sentence(s) not imposed under Sentencing Guidelines shall be assigned by staff according to current interview scheduling procedures set forth in subsection (3) herein.

(c) In the event an inmate is scheduled for an initial or subsequent interview and is not in the Department's custody at that time, the investigator shall prepare a transaction sheet reflecting same and the case shall be rescheduled for the appropriate interview within 90 days. If the inmate is in another jurisdiction (state or federal) and is not serving a Florida sentence, the interview shall be conducted upon the inmate's return to the Department's custody.

(d) If the inmate exits the system while still under the service of an active commitment and is returned to the Department's custody with a new sentence(s), the following action will be taken by the investigator at the time of interview:

1. New sentence(s) imposed solely under Sentencing Guidelines. If no PPRD was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In establishing a recommended PPRD, the sentence(s), including sentences to time served of 60 days or more, imposed under Sentencing Guidelines shall not be scored, but may be treated as information for possible use as aggravation. If a PPRD was established prior to the inmate exiting the system, the existing PPRD shall be vacated and an initial interview shall be provided herein.

2. New sentences imposed, one of which is a sentence imposed under Sentencing Guidelines. If no PPRD was established prior to the inmate exiting the system, the inmate shall be afforded an initial interview at the next regularly scheduled interview date. In calculating a recommended PPRD, the investigator shall apply current rules of aggregation on sentences that are not imposed under Sentencing Guidelines. Sentences of 60 days or more, including sentences of time served, imposed under Sentencing Guidelines qualify as information for use as possible aggravation. If a PPRD was established prior to the inmate exiting the system, the existing PPRD shall be vacated and an initial interview shall be provided herein.

(3) Parole revocation with a new felony or misdemeanor conviction: Inmates whose parole is revoked after conviction for a new felony or misdemeanor offense, and who are committed to a jail, stockade or correctional institution will be considered under these guidelines as a new admission and the Commission can use concurrent new commitments as aggravation or aggregation in the establishment of a presumptive parole release date. If the inmate is found to be eligible for consideration for parole on the ensuing sentence(s) the Commission shall aggregate. Further, the Commission shall aggravate or aggregate each consecutive sentence.

(4) Conviction for crimes committed while incarcerated: Escape or any other crime committed during incarceration with an ensuing conviction and sentence vacates any previously established presumptive parole release date and shall cause the inmate to be considered a new admission. If the inmate is found to be eligible for consideration for parole on the ensuing sentence(s) the Commission shall aggregate. If the inmate's ensuing sentence(s) are not parole eligible, the Commission can use these new commitments as aggravation in the establishment of a new presumptive parole release date.

(5) Initial interviews for parole eligible inmates shall be scheduled as follows:

(a) For inmates convicted on or before April 19, 1982, in order to meet statutory time frames, inmates serving an indeterminate sentence or a sentence of 5 years or less shall be scheduled for initial interview not later than the end of the 5th month from the initial date of confinement in execution of the judgment of the Court and inmates serving sentences in excess of 5 years shall be scheduled for initial interview not later than the end of the 10th month from the initial date of confinement in execution of the judgment of the Court. Any inmate may freely and voluntarily waive in writing before a Commission investigator or Department's classification officer the initial interview.

(b) For inmates convicted on or after April 20, 1982, the following schedule shall apply:

1. Inmates sentenced to an indeterminate term or a term of 3 or less years or who have been sentenced under the provisions of the Youthful Offender Act or are determined to be youthful offenders by the Department shall have their initial interview scheduled within 7 months of the initial date of confinement in execution of the judgment of the Court.

2. Inmates sentenced to a term in excess of 3 years but not more than 6 years shall have their initial interview scheduled within 13 months of the initial date of confinement in execution of the judgment of the Court.

3. Inmates sentenced to a term in excess of 6 years but other than a life term shall have their initial interview scheduled within 23 months after the initial date of confinement in execution of the judgment of the Court.

4. Inmates sentenced for a term of life shall have their initial interview scheduled within 59 months after the initial date of confinement in execution of the judgment of the Court.

5. Inmates sentenced to serve a mandatory minimum sentence shall be scheduled for an initial interview from the initial date of confinement in execution of the judgment of the Court as follows:

a. Inmates serving a minimum mandatory term of 7 years or less shall be scheduled for an initial interview within 6 months of the expiration of the mandatory portion of the term;

b. Inmates serving a minimum mandatory term in excess of 7 years but less than 15 years shall be scheduled for an initial interview within 12 months of the expiration of the mandatory portion of the term;

c. Inmates serving a minimum mandatory term of 15 years or more shall be scheduled for an initial interview within 18 months of the expiration of the mandatory portion of the term.

6. Inmates designated mentally disordered sex offenders shall be scheduled for an initial interview within 90 days of receiving written notification from the Department of the need for such interview and that all investigative reports deemed necessary by the Commission are available for examination in the inmate's file.

7. Any inmate who is adjudicated incompetent pursuant to statutes shall be scheduled for an initial interview within 90 days of the date the Commission receives written notice from the Court that mental competency has been restored.

8. The Commission may, by a vote of a quorum, request an initial interview earlier than scheduled except in cases where the inmate is serving a minimum mandatory term.

(6) Postponement or deferral of initial interview, for inmates convicted on or after April 20, 1982.

(a) A regularly scheduled initial interview may be postponed for a period not to exceed 90 days for good cause which shall include but not be limited to securing from the Department a copy of the inmate's presentence or postsentence investigation report, a parole or probation violation report or whatever other information is deemed necessary to conduct the initial interview. The reasons for postponement shall be noted in writing, included in the offender's institution file and forwarded to the Commission Headquarters for subsequent rescheduling and to be included in the Department's central office offender's file.

(b) A regularly scheduled initial interview may be deferred as follows:

1. Inmates who are out to court when the initial interview is scheduled. Upon notification by the Department that the inmate has been returned from Court without a new commitment, the initial interview shall be conducted no later than 90 days from the date of receipt of the written notification of return. Inmates who have received a new commitment shall be scheduled for an initial interview pursuant to these rules.

2. Initial interviews for inmates who are confined in any appropriate treatment facility by virtue of transfer by the Department may be deferred and shall result in the rescheduling of the initial interview no later than 90 days after receipt of written notice from the Department that the inmate has been returned to their custody. Inmates designated Mentally Disordered Sex Offenders are not included in this deferral procedure.

(7) Inmates convicted of capital crimes on or before April 19, 1982, shall be interviewed as follows:

(a) Inmates serving life sentences for capital crimes with twenty-five year minimum mandatory sentences will be interviewed within the last eighteen months before the expiration of the mandatory portion of the sentence. To calculate the interview date, begin with the most recent date of sentence for the capital felony, add twenty-five years representing the mandatory portion of the sentence, subtract the jail credit awarded by the court, add in any out time for post-conviction bond or escape and then subtract 18 months. The inmate will not be interviewed before the resulting date.

(b) Inmates serving sentences for capital crimes who do not have minimum mandatory sentences will be interviewed within one year of receipt by the Department or when they may be statutorily eligible for parole consideration.

(c) Inmates under death sentences will not be interviewed nor considered for parole.

(8) Inmates convicted of capital crimes on or after April 20, 1982, shall be scheduled for an initial interview as provided in these rules.

(9) The initial interview shall be in two parts. In Part I, the Commission investigator shall determine whether the inmate is eligible for consideration for parole. The determination shall be based upon the following matters:

(a) Is the inmate confined in execution of the judgment and sentence of the court; that is, is there a judgment and sentence in the inmate's Department file which indicates a sentence of twelve months or more or which indicates an indeterminate sentence? If the answer is no, then the Commission investigator shall postpone the interview for sixty days and notify the Commission the reason for postponement. If the answer is yes, then

(b) For inmates subject to incarceration as a condition of probation, the following matters shall be determined:

1. Is the inmate confined solely as the result of a commitment where his incarceration is a condition of probation? If the answer is yes, the inmate shall be advised that he is not eligible for consideration for parole. If the answer is no, then

2. Where the inmate has multiple commitments, at least one of which is a concurrent commitment where his current incarceration is a condition of probation, and at least one of which is a non-probationary commitment which will expire subsequent to the expiration of the condition of incarceration, the inmate shall not be ineligible for parole on that account, but shall have a presumptive parole release date established beyond the expiration date of the condition of probation.

3. Where the inmate has multiple commitments, at least one of which is a consecutive commitment where his incarceration is a condition of probation, the inmate shall be eligible for parole to the incarceration portion of his probation on that account.

(c) Is the inmate's record during confinement good? If the answer is no, then the interview is at an end. The recommendation of the Commission investigator shall be to reschedule the initial interview within six months; if the answer is yes, then, proceed with Part II of the initial interview as set forth in subsection 23-21.006(8), F.A.C. Record during confinement is good means that within the three months preceding the initial interview, an inmate has:

1. Neither pending nor processed disciplinary actions which may result in the loss of gain-time or placement in disciplinary confinement. For the purpose of this section, pending means a formal disciplinary report document has been created by the Department; and

2. No pending court prosecutions in any Florida court. For purposes of this section, detainers that are not being actively pursued are not to be considered a pending court prosecution; and

3. No reclassification actions raising custody classification, transferring to a higher custody or level institution, transferring to close management status; and

4. No terminations of community work release for cause; and

5. No pending revocation proceedings or entries of a Commission order revoking parole.

(10) Part II of the initial interview. The Commission investigator shall explain to the inmate the scoring of the inmate's salient factor score and the severity of his offense behavior. The Commission investigator shall discuss the inmate's individualized institutional conduct record and explain the requirements of a satisfactory release plan for parole supervision and how those factors can impact on his parole release. The Commission investigator will record any direct input offered by the Department's representative, if present during the interview. The Commission investigator shall discuss any aggravating or mitigating factors with the inmate. The Commission investigator shall explain the calculation of time in custody. At the close of the interview, the inmate shall be orally informed of the investigator's final recommendation and that only a quorum may establish his or her presumptive parole release date. The inmate shall be requested to sign a statement which is an acknowledgment that the inmate was present during the initial interview and was verbally advised of the recommendation in his case.

(11) The Commission investigator shall reduce the oral recommendation for parole, salient factor score, severity of offense behavior, aggravation, mitigation, time in custody calculation and the recommended presumptive parole release date to writing and, within 10 days of the initial interview, forward those written recommendations to the Commission's headquarters.

(12) Inmates serving parole-eligible sentences imposed by a court of this state in a facility outside the confines of this state shall not be scheduled for an in-person initial interview with a Florida Commission investigator, but are entitled in establishment of a presumptive parole release date in accordance with the same time frames provided for inmates confined in Florida.

(a) If the inmate was sentenced in Florida, but was transferred to another state before entering the custody of the Department of Corrections, the Commission will not be aware of the parole eligible sentence unless the inmate or another individual or entity notifies the Commission. Upon such notification, the Commission shall obtain the commitment package from the sentencing court in Florida and begin the parole review process. Inmates who are received into the custody of the Florida Department of Corrections and later transferred to another state will have had a Commission review of parole eligibility upon their commitment in Florida.

(b) At the time the out-of-state inmate would have been scheduled for an initial interview if confined in Florida, the Commission investigator will request a summary of information from the inmate's file from the other jurisdiction. The investigator will review the inmate's commitment papers and institutional progress. If the investigator determines that the inmate is presently eligible for consideration for parole, the investigator will record recommendations for the inmate's salient factor score, severity of offense behavior, and any aggravating/mitigating factors. The Commission investigator's recommendation will be forwarded to the case manager of the prison where the inmate is incarcerated with a request that the inmate be called out and allowed to review the Commission investigator's recommendation. The inmate should be asked to sign an acknowledgment of the interview and give an input statement for consideration by the Commission. If questions arise about the formulation of the PPRD, the case manager is encouraged to contact the investigator directly. If prison regulations permit, the Commission investigator may choose to discuss the PPRD recommendation directly with the inmate by telephone. The Commission investigator must telephonically notify any inmate convicted on or before April 19, 1982, of the PPRD recommendation. Within 10 days of the Commission investigator receiving the acknowledgment of interview signed by the inmate or witnessed by the case manager, the Commission investigator will forward the recommendation along with acknowledgment of interview and any input statement to the Commission's headquarters.

(13) Upon receipt of the Commission investigator's recommendations, the Chairman or designee shall assign them to a quorum for decision making.

(14) Within ninety days of the initial interview, the quorum shall reach a decision and notify the inmate of each recommendation made by a Commission investigator and shall, based upon competent and persuasive evidence, determine whether the inmate is eligible for consideration for parole.

(a) If the Commission investigator's recommendation was that the inmate was not eligible for consideration for parole, and, as a result, the Commission investigator did not forward a written recommendation for a presumptive parole release date, the quorum may remand the matter to the Commission investigator for immediate consummation of the initial interview and written recommendation for a presumptive parole release date.

(b) If the Commission investigator's recommendation was that the inmate was eligible for consideration for parole and the Commission investigator forwarded a written recommendation for a presumptive parole release date, the quorum shall:

1. Either establish a presumptive parole release date and inform the inmate in writing of its decision regarding the salient factor score, severity of offense behavior, aggravating or mitigating factors with individual particularity, calculation of time, and the established presumptive parole release date; or

2. Determine that the inmate is not eligible for consideration for parole, and inform the inmate in writing as to the reasons for ineligibility and reschedule an initial interview for the inmate at an appropriate time.

(15) Presumptive Parole Release Date exceeds expiration of sentence: Pursuant to these rules, the Commission shall establish a presumptive parole release date for inmates found to be eligible for parole consideration. If the established presumptive parole release date exceeds the expiration of sentence date, that date shall not incarcerate the inmate past the expiration of his sentence.

Notes

Fla. Admin. Code Ann. R. 23-21.006

Rulemaking Authority 947.07 FS. Law Implemented 947.002, 947.16, 947.165, 947.172 FS.

New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.06, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10.

New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.06, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10.