Fla. Admin. Code Ann. R. 33-601.604 - Determination of Credit When Inmate Is Released in Error
(1) When an inmate is released in error prior
to satisfaction of the sentence, the facts surrounding the release will be
collected by the Bureau of Admission and Release and provided to the Bureau of
Classification Management.
(2) A
preliminary determination will be made as to where the error occurred. If it is
clear that an error was made on the part of the state, and there is no
indication that the inmate reasonably should have known that the release was in
error or before completion of sentence, based upon the length and number of
sentences as reflected in the commitment documents and court orders, the out
time will be awarded without the need for hearing.
(3) If it appears the inmate reasonably
should have known that the release was in error or before completion of
sentence, based upon the length and number of sentences as reflected in the
commitment documents and court orders, a fact finding due process hearing will
be held to determine if the inmate is due credit for the time out of custody.
(a) Credit will be applied if it is
determined that the release involved no fault of the inmate.
(b) Credit will not be applied if it is
determined that the inmate was aware of the error and made no attempt to notify
the releasing authority.
(4) Credit will not be applied if the release
in error was caused by another state or federal
jurisdiction.
Notes
Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS.
New 7-11-00, Amended 7-3-05, 12-3-14.
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