Fla. Admin. Code R. 23-21.007
Current through Reg. 50, No. 235-239, December 10, 2024
Section 23-21.007 - Salient Factor ScoringSalient factors, subsections (1) through (5), shall be calculated on the inmate's criminal record.
(1) NUMBER OF PRIOR CRIMINAL CONVICTIONS: Recidivist Criminal Factor as defined | = | RCF |
Three or more prior convictions | = | 2 Points |
One or Two prior convictions | = | 1 Point |
No prior convictions | = | 0 Points |
(a) Misdemeanor convictions or adjudications do not constitute criteria to be used in determining Recidivist Criminal Factor. Further, individual felony convictions or adjudications within a single criminal episode result in the entire criminal episode being considered as one prior felony conviction or adjudications when computing the Recidivist Criminal Factor. Inmates who meet the criteria of the Recidivist Criminal Factor shall not be scored on the remaining five factors as the inmate automatically falls within the Recidivist Criminal Factor time ranges on the matrix. Once an inmate is found to meet the criteria to be scored in the Recidivist Criminal Factor time ranges, all rescoring on subsequent incarcerations must also fall in the Recidivist Criminal Factor time ranges unless it is determined an error was made in an earlier scoring.(b) For purposes of scoring this item, do not count vagrancy, loitering, disorderly conduct, disturbing the peace, public drunkenness, disorderly intoxication, violations of local ordinances which would not constitute violations of State Law and noncriminal traffic infractions as prior criminal record. Convictions for prowling, trespassing, criminal mischief, malicious mischief, criminal contempt of court and failure to appear, shall be counted. Serious vehicular convictions which shall include but not be limited to driving while intoxicated or hit and run, shall be counted as prior criminal record.(c) Count all prior juvenile sanctions which would have been criminal if committed by an adult. Do not count "status offenses, " for example runaway, truancy, habitual disobedience, as prior criminal record. This does not, however, preclude a Hearing Investigator nor a quorum from considering such behavior as a negative indicant of parole prognosis.(d) Count all prior military criminal convictions which would have been subject to civilian criminal law. Do not count military convictions for strictly military type offenses. However, this does not preclude considering serious misconduct as a negative indicant of parole prognosis.(e) Count all pleas of guilty, pleas of nolo contendere, convictions or adjudications which result from criminal offenses committed while on bail or probation for the present offense of conviction. Conduct resulting in diversion from the judicial process without a plea of guilty or a plea of nolo contendere or a specific finding of guilt, deferred prosecution, pretrial intervention, probation without plea, is not counted in scoring this item.(f) Do not count the present state conviction or conviction resulting from the present offense behavior as a prior criminal record.(g) Do not count offenses when adjudication is withheld, unless a sanction is imposed.(h) Setting aside or removal of juvenile or youth convictions or adjudications is normally for civil purposes. Such convictions or adjudications are to be counted as prior criminal record when assessing parole risk. Adult convictions which were set aside or pardoned on grounds of innocence are not to be counted. Convictions which were reversed on appeal or via post-conviction relief are not to be counted unless a retrial resulted in conviction or convictions.(i) If an inmate has maintained a conviction-free record in the community and has not been incarcerated or under court ordered or post release supervision for a period of ten consecutive years, the criminal record prior to the ten-year period shall not be counted for any salient factor. This shall not prevent consideration of such behavior as a negative indicant of parole prognosis. A substantial conviction-free period in the community not amounting to ten years may be considered as a positive indicant of parole prognosis.(2) NUMBER OF PRIOR INCARCERATIONS: Two or more prior incarcerations | = | 2 Points |
One prior incarceration | = | 1 Point |
No prior incarceration | = | 0 Points |
(a) For purposes of this item, count only imposed incarcerations of sixty days or more.(b) Count all prior incarcerations, including commitments and placements in residential juvenile facilities resulting from a sentence imposed for a conviction or adjudication.(c) Count only incarcerations that were actually imposed; do not count confinement pending trial or adjudication as an incarceration unless the sentence was specifically to "time served." Concurrent or consecutive sentences for offenses in the same criminal episode are to be counted as a single incarceration.(d) Count only incarcerations which were imposed prior to the receipt by commitment for the present offense of conviction. Incarcerations which were imposed after the commission of the present offense of conviction are not counted for purposes of this item; unless the incarceration resulted from a criminal offense committed while on bail or probation for the present offense of conviction. This does not preclude considering the commission of additional offenses as a negative indicant of parole prognosis.(e) Incarcerations resulting from convictions or adjudications which were set aside or pardoned on grounds of innocence are not to be counted nor are incarcerations imposed as a condition of probation.(3) TOTAL TIME IMPOSED IN YEARS: Two or more years imposed | = | 2 Points |
Up to two years imposed | = | 1 Point |
No time previously imposed | = | 0 Points |
(a) Count all time imposed for all prior incarcerations for 60 days or more. Months or days should be aggregated to form years or fractions thereof.(b) Score 2 if the total time imposed for all prior incarcerations is 2.0 years or longer.(c) Score 1 if the total time imposed for all prior incarcerations is less than 2.0 years but more than 60 days.(d) Score 0 if there are no prior incarcerations imposed.(e) Do not count time imposed on a conviction which was later set aside or pardoned on grounds of innocence or was an incarceration imposed as a condition of probation.(4) NUMBER OF PROBATION, PAROLE OR MCR REVOCATIONS: Two revocations | = | 2 Points |
One revocation | = | 1 Point |
No revocations | = | 0 Points |
(a) For purposes of this item, "parole" includes mandatory conditional release (MCR), conditional release, control release, conditional medical release, additional recovery supervision, and compulsory conditional release (CCR).(b) Score 1 if the inmate has ever had parole revoked or if the inmate has ever had probation revoked. However, do not count probation revocations which do not result in a sentence to incarceration for the offense for which probation was being served.(c) Score 0 if the inmate has never had parole or probation revoked or if the inmate's only probation revocation did not result in a sentence to incarceration of sixty days or more.(d) Do not consider any parole revocation on a conviction which was later set aside or pardoned on grounds of innocence.(e) Three or more revocations of probation, parole, CCR or MCR shall be considered as a negative indicant of parole prognosis, and may be used as an aggravating factor.(5) NUMBER OF PRIOR ESCAPE OR ATTEMPTED ESCAPE CONVICTIONS: Two or more prior escape or attempted escape conviction(s) | = | 2 Points |
One prior escape or attempted escape conviction | = | 1 Point |
(a) Score 2 points if the inmate has two or more prior escape or attempted escape convictions prior to the present offense of conviction.(b) Score 1 if the inmate has ever been convicted of an escape or attempted escape prior to the present offense of conviction.(c) Score 0 if the inmate has no prior escape convictions or attempted escapes.(6) BURGLARY, BREAKING AND ENTERING OR ROBBERY AS THE PRESENT OFFENSE OF CONVICTION: Present Offense of Conviction includes a conviction for burglary, breaking and entering or robbery | = | 1 Point |
Otherwise | = | 0 Points |
(a) Score 1 if the present offense of conviction for which the inmate has been convicted includes burglary, breaking and entering or robbery, whether or not a sentence to incarceration was imposed. Such conviction shall not form the basis for a decision outside the matrix time range.(b) Score 0 if the present offense of conviction does not include a burglary, breaking and entering or robbery. Do not point convictions for entering without breaking, attempted burglary, attempted breaking and entering, attempted robbery or possession of burglary tools.(c) More than one conviction for burglary, breaking and entering or robbery may be considered as a basis for a decision outside the matrix time range as a negative indicant of parole prognosis.(d) Do not score 1 point if the conviction of burglary, breaking and entering or robbery is a consecutive sentence. Such consecutive sentence shall be considered a negative indicant of parole prognosis and the basis for a decision outside of the matrix time range.Fla. Admin. Code Ann. R. 23-21.007
Rulemaking Authority 947.07, 947.165 FS. Law Implemented 947.002, 947.13, 947.165 FS.
New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06, 12-30-08, 3-31-10, 2-12-13, Amended by Florida Register Volume 40, Number 136, July 15, 2014 effective 7/30/2014, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017.New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.07, Amended 1-26-93, 1-5-94, 8-17-06, 12-30-08, 3-31-10, 2-12-13, 7-30-14, 7-16-17.