Fla. Admin. Code R. 23-20.007

Current through Reg. 50, No. 235-239, December 10, 2024

Section 23-20.007 - Procedures

(1) Orientation: Information regarding Mutual Participation Program will be made available to all inmates and staff.

(2) Proposal: Each inmate eligible and desiring to participate is responsible for preparation of an initial proposal for consideration by the negotiating team.

(3) Negotiations: Following submission of the proposal by the inmate it shall be reviewed by representatives of both the Commission and the Department, either of which may request that negotiations be scheduled for further consideration of an agreement. All negotiating shall take place with the inmate and representatives of the Department and the Commission present affording free and open discussion of the proposed terms. No one member of the team shall dictate the terms of an agreement and efforts shall be made by representatives of the Department and the Commission and the inmate to reach practical and agreeable terms. Unless representatives of the Department, the Commission and the inmate are in agreement, no agreement can be written. Should the Department or Commission determine that the proposed agreement terms are unacceptable, the inmate shall be informed of the decision and the reasons therefore in writing.

(4) Once the conditions are agreed upon by the representatives of the Department, the Commission, and the inmate, the agreement should be prepared at the institution, if possible, signed by all participants, subject to review and approval by the Warden; and if approved, forwarded by the Commission representative to the Commission with notification to the Office of the Commission Clerk.

(5) The Office of the Commission Clerk will be provided with an opportunity to review all agreements at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission.

(6) Upon approval by the Commission, the representative of the Commission and the Department and the inmate shall be informed in writing and the agreement shall be in force. The original copy of the agreement shall be retained and placed in the Department's Offender Record with copies to the Commission representative, the Department representative, the Office of the Commission Clerk, and the inmate.

(7) Renegotiation or Cancellation: Should the negotiated agreement not be approved by the Commission, the inmate, Commission's representative, the Office of the Commission Clerk shall be notified in writing of the reasons for rejection. A proposed agreement may be returned to the negotiating team for possible renegotiation. Agreements may also be cancelled and submitted to the negotiation team for new negotiations when:

(a) There is failure on the part of any party to fulfill the terms of the agreement.

(b) New factors develop that are relevant and significantly affect the agreement that were not known at the time of negotiations and agreement approval.

(8) Monitoring:

(a) During the term of the agreement, the Department shall furnish the Commission routine reports and reviews regarding the progress that is being made toward completion of the agreement conditions. A final hearing (interview) will be scheduled by the Commission during the last 60 days prior to the parole date to verify satisfactory completion of the conditions. The final interview will consist of the following individuals:

1. Department Representative.

2. Commission Representative.

3. Inmate.

(b) If the agreement conditions have been satisfactorily met, the Commission's representative shall report this information to the Commission.

(c) If the agreement conditions have not been satisfactorily met, the inmate or the Department or Commission representatives may recommend continuance, cancellation or renegotiation of the agreement. Recommendations made by the representatives should be prepared at the institution, if possible, signed by all participants subject to review and approval by the Warden; and if approved, then forwarded to the Commission with notification to the Office of the Commission Clerk. The Office of the Commission Clerk will be provided with an opportunity to review all recommendations at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission. The Commission shall make the final decision on the agreement and notify the representative of the Commission, the Department, the inmate, and Office of the Commission Clerk of the final action. Final Commission action shall take place prior to the proposed parole date. Review of the conditions under parole supervision will be the responsibility of the parole supervisor in accordance with Statutes. Additionally, the Commission and the Department shall jointly monitor the total program in order to prepare yearly reports as well as provide evaluation for future program direction.

(9) Parole: Upon certification that the inmate has successfully completed the terms of the agreement, the inmate shall be released on or before the date specified in the agreement, by order of the Commission, provided, however, the requirements of Section 947.18, F.S., are met.

(10) Violation of Conditions of Parole: Nothing contained herein shall alter the Commission's right to revoke parole pursuant to Statutes. Violation of the terms or conditions upon which an individual is released on parole may render the parolee liable to arrest and return to prison.

(11) Discharge from Parole: In all cases the supervision term cannot extend beyond the length of the total sentence, pursuant to Statutes, although the Commission may discharge a person from parole prior to the agreed upon date.

Fla. Admin. Code Ann. R. 23-20.007

Rulemaking Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS.

New 9-10-81, Amended 10-1-82, Formerly 23-20.07, Amended 1-26-93, 3-31-10, 2-12-13.