Fla. Admin. Code R. 23-21.013

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

Section 23-21.013 - Subsequent Interview Procedure

(1) The Commission shall schedule a subsequent interview for every eligible inmate as required by Section 947.174, F.S.

(2) The Commission investigator shall review the inmate's institutional file to determine if there is new information since the previous interview. New information shall include new court actions; successful appeals of court actions; prison progress reports; disciplinary reports; psychological or psychiatric reports; gain-time and extra gain-time awards; vocational training or treatment programs successfully completed, in progress or abandoned; educational accomplishments or abandonments; work release or terminations of work release; pardons, sentence commutations, or expunctions of record, and any other aggravating or mitigating factors which were not included in the institutional file at the time of the previous interview.

(3) Vacation of presumptive or effective parole release date: The exiting of an inmate from the incarceration portion of his sentence, which shall include bond, escape, expiration of sentence, or transfer to a mental health facility, shall vacate any established presumptive parole release date. Any subsequent return to incarceration shall require an initial interview to establish a presumptive parole release date. Provided, however, inmates returning to court for modification of a previously imposed sentence or as witnesses shall not have their presumptive parole release dates vacated. Inmates returning to courts outside of Florida's jurisdiction, i.e., Federal or other state, shall not have their presumptive parole release dates vacated. However, information resulting from disposition of cases in court may be used as new information in accordance with applicable law and these rules. Inmates transferred to a Mentally Disordered Sexual Offender Program shall not have their presumptive parole release dates vacated.

(4) The Commission investigator shall discuss the information with the inmate and any Departmental representative. The Department's Representative will be contacted and allowed to provide the Department's recommendation directly to the Commission investigator. The inmate will also be allowed to provide the Commission investigator comments or may ask the investigator to attach material(s) which the inmate wants the Commission to consider. The Commission investigator shall request the inmate sign an acknowledgment that the inmate was present during the subsequent interview and the investigator shall inform the inmate orally of the investigator's final recommendation. The Commission investigator shall reduce the recommendation to writing and send it to the Chair within 10 days of the interview.

(5) For inmates serving parole-eligible sentences imposed by a court of this state and housed in a facility outside Florida, the Commission shall request, through the Department of Corrections' Interstate Compact Office, an inmate progress report and any additional information the Commission needs from the other state. The Department of Corrections shall forward the Commission's Inmate Input Form to the other state for the inmate to provide comments to the Commission. The inmate may include material(s) which the inmate wants the Commission to consider. The Commission investigator shall reduce the recommendation to writing and send it to the Chair within 10 days of receipt of the out-of-state materials. The Inmate Input Form, FPC IC-001, effective August 17, 2006, adopted and incorporated by reference https://www.flrules.org/Gateway/Reference.asp?No=Ref-03646, may be obtained by contacting the Florida Commission on Offender Review, Office of the Commission Clerk, 4070 Esplanade Way, Tallahassee, Florida 32399-2450, (850) 488-1293.

(6) Within ninety days following the subsequent interview or receipt of the out-of-state materials, the quorum shall reach a decision on each recommendation made by the Commission investigator and notify the inmate of the decision. Based upon competent and persuasive evidence, the quorum may accept or reject the Commission investigator's recommendation and may independently determine whether or not information has been gathered which affects the inmate's presumptive parole date. The Commissioners shall each identify the reasons for rejecting a Commission investigator recommendation to modify. The Commissioners shall also each identify the reasons for any final determinations modifying the presumptive parole release date.

(7) Inmates may waive a subsequent interview by preparing a written statement or by appearing before the Commission investigator and announcing the waiver in person. If an inmate waives his subsequent interview the Commission investigator will review the contents of the institutional file and will formulate a recommendation based on the factors that could have been considered in the conduct of the subsequent interview.

Fla. Admin. Code Ann. R. 23-21.013

Rulemaking Authority 947.07, 947.174 FS. Law Implemented 947.174 FS.

New 9-10-81, Amended 8-1-83, Formerly 23-21.13, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13, 2-3-14.