Fla. Admin. Code Ann. R. 23-21.015 - Effective Parole Release Date Interview Procedure

(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 notice must be sent to the chief judge of the circuit in which the offender was sentenced. The chief judge can designate any circuit judge within the circuit to act in place of the sentencing judge. Within thirty (30) days after receipt of the Commission's notice, the sentencing judge or the designee shall send to the Commission notice of objection to parole release, if the judge objects to such release. If there is objection by the judge such objection may constitute good cause in exceptional circumstances as described in section 947.173, F.S., and the Commission can schedule a subsequent interview per rule 23-21.013, F.A.C., extending the presumptive parole release date beyond that time. The same procedure will be followed with any subsequent review outlined herein. If the judge remains silent with respect to parole release, the Commission can authorize an effective parole release date. This procedure applies if the Commission desires to consider the establishment of an effective release date without delivery of the effective parole release date interview. Notice of the effective release date must be sent to the sentencing judge and either the judge's response to the notice must be received or the time period allowed for such response must have lapsed before the Commission can authorize an effective release date. Within ninety (90) days before an inmate's presumptive parole release date, the Commission shall direct a Commission Investigator to interview the inmate for purposes of making a recommendation to the Commission on whether or not to authorize an effective parole release date and to establish a parole release plan.

(2) The Commission Investigator shall interview the inmate and discuss the inmate's institutional conduct. The Commission Investigator shall request the inmate present his parole release plan but shall not comment on the acceptability or suitability of that plan. If the inmate has no plan, the Commission Investigator shall inform the inmate that the absence of a satisfactory parole release plan may cause the Commission to extend the effective parole release date up to one year until a satisfactory parole release plan has been developed. At the close of the effective parole release date interview, the inmate shall be orally informed of the investigator's final recommendation and shall be requested to sign an acknowledgment of presence at the effective parole release date interview.

(3) For inmates serving parole-eligible sentences imposed by a court of this state and housed in a facility outside Florida, the Commission shall request, through the Department of Corrections' Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other state. The Department of Corrections shall forward the Commission's Inmate Input Form to the other state for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The Commission investigator shall reduce the recommendation to writing and send it to the Chair within 10 days of receipt of the out-of-state materials.

(4) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida's jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(5) Extension of presumptive parole release date: The pending prosecution of a criminal offense in a Florida Court, supported by information or indictment, alleged to have occurred during the service of the present sentence, may result in the extending of a presumptive or effective parole release date until resolution of the pending prosecution. The Commission shall, upon notice that the pending prosecution is completed, schedule the inmate for an interview.

(6) The Commission Investigator shall reduce the recommendation regarding the inmate's institutional conduct to writing and forward the recommendation to the Commission. The Commission Investigator shall inform the Commission if, at the effective parole release date interview, new information, either favorable or detrimental, was discovered which might affect the presumptive parole release date. The Commission Investigator shall forward the inmate's release plan to the Commission.

(7) Within thirty (30) days after receipt of the inmate's parole release plan at the Commission headquarters, the full Commission shall determine whether to authorize the effective parole release date. The inmate must be notified of the decision in writing within thirty (30) days after the decision of the Commission.

(8) If the full Commission finds that the inmate's parole release plan is unsatisfactory, this finding can constitute new information and good cause in exceptional circumstances as described in section 947.173, F.S., under which the Commission can extend a presumptive parole release date for not more than one year. The Commission can review any subsequently proposed parole release plan at any time.

(9) The decision whether to authorize an effective parole release date requires a two-part analysis. In Part I the Commission shall determine whether new information has been gathered which requires modification of the presumptive parole release date. Should the Commission decide to modify the presumptive parole release date it shall enter a written order extending the presumptive parole release date. Additionally, the order shall state, with particularity, the reason or reasons for extending the presumptive parole release date and shall inform the inmate of the date scheduled for his next interview.

(10) Where the Commission does not modify the presumptive parole release date during Part I of the effective review process, it shall proceed to Part II of the effective parole release date review. During this portion of the review, the Commission shall determine whether the inmate meets the criteria for parole release under the provisions of section 947.18, F.S. This determination is to be based upon a review of the entire official record in the inmate's case. If the inmate is found to meet the criteria for parole release, an effective parole release date should be authorized. If the inmate is found to be ineligible for parole release, however, the Commission shall enter an order declining to authorize the effective parole release date and referring the case to the Commission for extraordinary review.

(11) If the Commission establishes an effective parole release date, the Commission shall reduce the term and conditions of the inmate's parole to writing and inform the inmate of those conditions and term.

(12) In establishing the term of parole, the Commission shall examine the inmate's sentence structure for the purpose of determining the existence of consecutive sentences. If it is discovered that consecutive sentences exist, the parole term shall be established for the maximum of the total sentence structure. In all cases, if the term of parole exceeds two years the Commission shall advise the parolee in writing of the reasons for the extended term.

(13) 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 other new information previously not available to the Commission at the time of the effective parole release date interview that would impact the Commission's decision to grant parole, the effective parole release date may be postponed by any Commissioner as provided in rule 23-21.019, F.A.C.

(14) If an inmate refuses parole, the Commission shall nullify the grant of parole and the presumptive parole release date may be extended up to the maximum release date. The Commission shall continue to interview the inmate per rule 23-21.013, F.A.C. Should an inmate waive his effective interview or at the time of the effective interview the inmate indicates his unwillingness to accept parole, the presumptive parole release date may be extended up to his maximum release date. The Commission shall continue to interview the inmate per rule 23-21.013, F.A.C.

Notes

Fla. Admin. Code Ann. R. 23-21.015

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1745, 947.24 FS.

New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-3-14, Amended by Florida Register Volume 44, Number 168, August 28, 2018 effective 9/10/2018.

New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.15, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 2-3-14, 9-10-18.