Fla. Admin. Code Ann. R. 23-22.010 - Advancing or Extending Control Release Dates
(1) The power
and duty to extend or advance an inmate's CRD shall be by a panel of no fewer
than two members of the Commission.
(2) Recently discovered information of past
criminal conduct shall include information relating to prior criminal behavior
which was not known by the Commission but could have been used for the purpose
of establishing the salient factor score or aggravation or mitigation at the
time of the initial scoring.
(3)
Recommendations of the Department to the Commission regarding the inmate's
institutional adjustment constitute grounds on which the Commission shall
extend, advance or retain an inmate's CRD.
(4) Early release from incarceration through
control release is not a right of the inmate, as it is solely an administrative
function designed to manage the state prison population within lawful capacity.
Any reduction of the inmate population below 99% of lawful prison capacity may
result in the Commission extending all control release dates in such a manner
that no release will be occasioned by control release. At such time as
determined by the Commission, based upon a subsequent increase in the prison
population, those dates in the advanceable pools will be advanced.
(5) An inmate can receive an advancement of
his CRD by the application of award allotments if he 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. Additionally, to receive an advancement, an inmate
must not have a Commission docket action pending at the time of the
award.
(6) Postponement of a CRD by
a Commissioner shall be reviewed by a panel of no fewer than two
Commissioners.
Notes
Rulemaking Authority 947.146(6)(i), 947.07, 947.20 FS. Law Implemented 947.146 FS.
New 9-1-90, Amended 1-5-94, 8-16-94, 2-12-13.
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