Fla. Admin. Code Ann. R. 23-24.020 - Conditional Medical Release Eligibility

(1) The Department of Corrections shall identify and refer inmates who they have determined to be "permanently incapacitated" or "terminally ill", to be considered for conditional medical release by the Commission. Inmates under sentence of death are ineligible. To constitute a referral from the Department of Corrections information provided to the Commission shall include the following:

(a) Clinical Report. Complete medical information justifying classification of the inmate as "permanently incapacitated" or "terminally ill" as defined in Florida Statutes.

(b) Verifiable release plan, to include necessary medical care and attention.

(2) The referral shall be directed to the Office of the Commission Clerk who may docket the case before the Commission. A decision will be made by a majority of the quorum present and voting.

(3) The Commission shall approve or disapprove conditional medical release based upon information submitted in support of the recommendation and review of the Department of Corrections central office file. In the event additional information is needed, the Commission shall continue the case for verification of the release plan, additional medical examination(s) and other investigations as directed. The Commission shall instruct staff to conduct the appropriate investigation. Such instruction shall include a written statement setting forth the specific information being requested. In doing so, the Commission shall continue the case to a future docket date certain.

(4) If requested by the victim or the personal representative of the victim, notification shall be provided to the victim or personal representative of the victim of any hearing where the release of the inmate on conditional medical release is considered prior to the inmate's release, if the name and address of such victim or representative of the victim is known by the Commission.

Notes

Fla. Admin. Code Ann. R. 23-24.020

Rulemaking Authority 947.06, 947.07 FS. Law Implemented 947.149 FS.

New 1-5-94, Amended 3-31-10, 2-12-13.

New 1-5-94, Amended 3-31-10, 2-12-13.