Fla. Admin. Code Ann. R. 23-24.040 - Conditional Medical Release Postponement and Rescission
(1)
Should any person who has been voted a conditional medical release become the
subject of inmate disciplinary or classification proceedings, or become the
subject of criminal arrest, information or indictment, or should the release
plan prove unsatisfactory prior to actual physical release from the institution
of confinement then, any Commissioner can postpone the release date.
(2) The inmate's release date can be
postponed for sixty (60) days. On or before the sixty-first (61) day, the
Commission shall either release the inmate on conditional medical release or
order a Commission investigator to conduct a rescission hearing on the matter
of the infraction(s), new information, acts or unsatisfactory release plan as
charged.
(3) At a rescission
hearing, the inmate shall be afforded all due process safeguards required by
law and shall be properly notified not less than seven (7) days prior to the
hearing.
(4) The rescission hearing
shall be scheduled within fourteen (14) days of the date the Order for a
Rescission Hearing is signed by the Commission.
(5) The hearing may be continued or postponed
due to the inability of any party or witness to attend or for other good cause
(for example, new disciplinary reports, state of emergency, prison lock-down,
etc.).
(6) New disciplinary reports
received after the Order of Postponement, but prior to the date of the hearing
shall be considered at the recission hearing, after re-noticing the
inmate.
(7) The investigator is not
required to find the inmate guilty or not guilty at the rescission hearing, but
to determine if any circumstances exist beyond the documentation which provided
the basis of the Commission's decision to postpone the release.
(8) If the release has been postponed due to
an unsatisfactory release plan, the investigator should receive testimony from
the inmate and any witnesses as to if an alternate plan exists which may be
presented to the Commission for consideration.
(9) Following the rescission hearing, the
Commission shall determine whether good cause has been established to rescind
conditional medical release. The Commission shall then either order the release
of the inmate on the same conditions or rescind the release.
(10) If the Commission receives information
from the Department of Corrections that the inmate no longer qualifies for
conditional medical release based on an improvement in the medical condition, a
rescission hearing is not required. However, the Commission shall provide
written notice to the inmate that release has been rescinded due to a failure
to qualify pursuant to Florida Statute, Section 947.149.
Notes
Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.149 FS.
New 1-5-94, Amended 2-12-13, 7-30-14.
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