Fla. Admin. Code Ann. R. 23-22.006 - Control Release Definitions

(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 objective scoring instrument. The Commission's determination of aggravation shall justify placement of an inmate evaluated as immediate CRD eligible by the objective scoring instrument into any other category of CRD, including Maximum Non-Advanceable Category A or B. Aggravation determined applicable to an inmate evaluated as Maximum Non-Advanceable Category A by the objective scoring instrument shall justify placement in Maximum Non-Advanceable Category B.

(3) Award Allotment - is a specified number of days of advancement of designated eligible inmates' control release dates as ordered by the Commission.

(4) Chair - is the Chair of the Florida Commission on Offender Review performing the functions of the Chair of the Control Release Authority.

(5) Control Release Authority - is composed of all the members of the Florida Commission on Offender Review, hereinafter referred to as the Commission, who through a system of uniform criteria determines the number and type of inmates who must be released under Control Release in order to maintain the state prison system within statutory lawful capacity.

(6) Control Release Authority Member - is a Florida Commissioner of the Florida Commission on Offender Review performing the functions of the Control Release Authority.

(7) Control Release Authority Voting Panel - means a panel of no fewer than two Commissioners, empowered to establish, extend, advance, or vacate control release dates for inmates serving control release eligible sentences, and set, modify, revoke or terminate terms and conditions of supervision.

(8) Control Release - means the release of an inmate prior to the expiration of the inmate's sentence, which release is required to maintain the prison population within lawful capacity. The Commission can or can not require a period of supervision to be successfully completed by compliance with enumerated terms and conditions of the release, except when the case involves a consecutive sentence structure.

(9) Control Releasee - means an inmate placed on control release supervision.

(10) Control Release Date (CRD) - means the date established by the Commission which may be modified for each statutorily eligible inmate providing for the inmate's release by control release, unless released prior to the control release date by expiration of sentence or other method of release. Control release dates may be established by the Commission in five categories:

(a) Maximum CRD wherein the CRD is set at the maximum of the court imposed sentence and is non-advanceable, and is sub-divided as follows:

1. Maximum Non-Advanceable Category A - CRD established at maximum, non-advanceable, but inmates in this category may be transferred by rule to Advanceable CRD in the event of "critical depletion." Cases placed in this category shall have specified any term of supervision and special conditions in the event they may become subject to an early release by Control Release.

2. Maximum Non-Advanceable Category B - CRD established at maximum, non-advanceable. Established CRD's for this category may be altered only upon "critical depletion" of all other statutorily eligible inmates, including sub-category A, and such action shall be taken by the Control Release Authority only as the result of an individual case study and docket action, and as provided by subsections 23-22.010(1), (2) and (3), F.A.C.

(b) Advanceable CRD wherein the CRD is established at the tentative release date, and is eligible for advancement by all future award allotments ordered by the Commission if the inmate has been designated by the Commission as CRD advanceable and has a disciplinary free record for the month previous to the award and a disciplinary free record for the month of award up to the time of advancement, or

(c) Advanceable CRD that is established at a date earlier than the tentative release date and is eligible for advancement by future award allotments ordered by the Commission if the inmate has been designated by the Commission as CRD advanceable and has a disciplinary free record for the month previous to the award and a disciplinary free record for the month of award up to the time of advancement,

(d) Early fixed CRD that is established at a date earlier than the tentative release date and is not eligible for advancement by future award allotments by the Commission, and

(e) Immediate CRD that is established not longer than 30 days after the docket action of the Commission, and is not eligible for advancement by future award allotments by the Commission.

(11) Control Release Eligibility - All parole ineligible inmates are eligible for control release except those excluded in Section 947.146, F.S., Juvenile adjudications and offenses where adjudication has been withheld shall not count as convictions for purposes of control release eligibility determinations.

(12) Control Release Officer - means the person assigned to provide supervision for the control releasee.

(13) Criminal Episode means the commission of one or more criminal offenses in a period of time ending with the imposition of court sanction of incarceration. Any offense committed after a court sentence and commitment to incarceration, including sentences to time served of sixty days or more, will be considered a subsequent criminal episode.

(14) Critical depletion - is a point of decline in the total number of control release eligible inmates, who have advanceable control release dates established earlier than their TRDs, to less than 4, 000.

(15) Early Termination of Control Release Supervision - means a Commission Action discharging a control releasee from the terms and conditions of control release prior to the expiration date of control release supervision.

(16) Extend Control Release Date - means to change a CRD to a later date than previously established.

(17) Parole Examiner - means an employee of the Florida Commission on Offender Review who performs the following control release functions:

(a) Conducts evaluations of eligible inmates committed to the Department of Corrections and submits the case material with a professional case analysis and recommendation to the Commission;

(b) Conducts investigations (makes investigations for the purposes of establishing, modifying or revoking a CRD);

(c) Conducts violation hearings and makes findings of fact and recommendations to the Commission;

(d) Performs other related duties as assigned by the Chair.

(18) Lawful Prison Capacity - is the lawful prison capacity of the Florida prison system as defined in F.S.

(19) Matrix Grids - are the matrices established by the Commission to indicate an objective measurement of control release suitability and supervisional term, by scoring each inmate's salient factors in relation to the severity and type of offense behavior resulting in commitment.

(20) Mitigate - is to determine an inmate eligible for a CRD that will release the inmate from prison prior to the statutory expiration of sentence when the offender is evaluated objectively to receive a more severe CRD by the scoring instrument. The Commission's determination of mitigation shall also justify the placement of an inmate in the immediate CRD category when the objective scoring instrument has evaluated differently. The Commission's determination of mitigation shall also justify the placement of an inmate in Maximum Non-Advanceable Category A when the objective scoring instrument has evaluated placement in Maximum Non-Advanceable Category B. The Commission shall determine mitigation upon case specific information.

(21) Postponement Order - is an order signed by any member of the Commission requiring the continued incarceration of an inmate for a period of not more than 60 days beyond his established CRD pending the Commission's opportunity to review a recommendation of the Department of Corrections or other relevant information.

(22) Primary Offense - means the active offense of conviction resulting in commitment with the highest degree of felony imposed by the court. In the case of multiple commitments with convictions having the same degree of felony, the primary offense is determined by the most severe matrix grid.

(23) Prior Criminal Record - means an offense or offenses which resulted in the imposition of a court sanction. Both the consummation of the criminal offense(s) and the imposition of the court sanction(s) must obtain at some date earlier in time than the offense(s) resulting in commitment to incarceration for the present offense of conviction. For the purpose of scoring in this category, prior offenses resulting in probation with adjudication of guilt withheld, and juvenile offenses which would have been criminal if committed by an adult, will be counted.

(24) Provisional Release Date (PRD) - is the projected release date computed by the Department of Corrections based upon length of sentence reduced by gain time and provisional release credits.

(25) Refusal of Control Release - means that inmates whose offenses were committed on or before November 30, 1990 may refuse release by Control Release if it is offered. Inmates whose offenses were committed on or after December 1, 1990 are statutorily required to be released by Control Release when so ordered by the Commission, and may not refuse such release. Inmates who are eligible to refuse control release and choose to do so will have their CRD automatically vacated. Any inmate who refuses control release can upon request be re-reviewed one time for the establishment of a new CRD. If there have been no changes in the inmates eligibility status, a new CRD will be established within 90 days of receipt of the inmate's request. If the one time option for review is accepted and an inmate again refuses control release, there will be no subsequent review for the establishment of a new CRD.

(26) Release Plan - is the plan provided by the inmate for residence or employment when scheduled for release by Control Release with the requirement for a term of supervision.

(27) Revocation of Control Release - means the order of the Commission entered after a control releasee has been found to have violated one or more conditions of the control release, and requires the releasee's return to prison to resume service of sentence.

(28) Salient Factors - are the indices of the offender's present and prior criminal behavior and related factors found by experience to be predictive in regard to supervisional outcome.

(29) Tentative Release Date (TRD) - is the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain time.

(30) Vacate - means to set aside the previously established CRD or order.

(31) Violation Hearing For Control Release - is a hearing provided to a control releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine factually whether the control releasee has violated the terms and conditions of his release. A report, with the hearing officer's findings of fact and recommendation, is then submitted to the Commission for determination of further action to be taken.

(32) Warrant - means a document executed by any member of the Commission which will cause the arrest and detention of a control releasee pending further action by the Commission.

Notes

Fla. Admin. Code Ann. R. 23-22.006

Rulemaking Authority 947.146(6)(i), 947.07, 947.20, 947.135 FS. Law Implemented 947.146 FS.

New 9-1-90, Amended 8-24-92, 1-5-94.

New 9-1-90, Amended 8-24-92, 1-5-94.