Fla. Admin. Code R. 23-21.0165

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

Section 23-21.0165 - Conditions of Parole

(1) The following are the Standard Conditions of Parole:

(a) Condition 1 - Promptly upon being released on parole, I shall proceed to my planned place of residence. I shall report in person to the probation and parole office in _______ County, Florida, as instructed by the release officer, on _____ at ______. If no specific date/time is given, I shall report within 72 hours of my release.

(b) Condition 2 - I shall secure the permission of my parole officer before:

1. I change my residence or employment,

2. I leave the county of my residence or the state,

3. I post bail or accept pretrial release if I am arrested for a felony.

(c) Condition 3 - I shall submit a full and truthful report to my parole officer each month in writing on the forms provided in person as directed by my parole supervisor.

(d) Condition 4 - I shall not:

1. Own, carry, possess, or have in my constructive possession a firearm or ammunition,

2. Use or possess alcohol or intoxicants of any kind,

3. Use or possess narcotics, drugs, or marijuana unless prescribed by a physician.

4. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

(e) Condition 5 - I shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

(f) Condition 6 - I shall secure the permission of my parole officer before I own, carry or have in my constructive possession a knife or any other weapon.

(g) Condition 7 - I shall obey all laws, ordinances and statutory conditions of parole.

(h) Condition 8 - I shall:

1. Submit to a reasonable search by a parole officer, of my person, residence or automobile,

2. Waive extradition back to the State of Florida if I am wanted for return as an alleged parole violator,

3. Permit my parole officer to visit me at my residence, employment or elsewhere,

4. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my parole officer or the Commission.

(i) Condition 9 - I understand that I am to remain on parole until released by expiration or by Commission order.

(j) Condition 10 - During my parole term, I agree to submit to random testing as directed by my supervising officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S.

(k) Condition 11 - During my parole term, I agree to submit and pay for urinalysis testing to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S., and understand that my failure to make such payment or participate as defined under this condition of my parole may be considered grounds for revocation of parole by the Commission on Offender Review.

(l) Condition 12 - I shall execute and provide authorizations to release records to my parole supervisor and the Commission so my progress and participation in required programs can be monitored and documented.

(2) There can also be imposed special conditions of parole. In the event the Commission elects to order an inmate released on parole, the record of such decision shall reflect whether or not a special condition of restitution is appropriate to the case being considered. In reaching the decision, the Commission shall review the analysis provided by its Commission investigator plus any other facts relevant to the issue of restitution.

(a) If restitution is ordered to become a special condition of the parole release, the Commission shall require full payment of the damage or loss sustained by the victim(s), unless reasons exist to not order full restitution. Examples of possible reasons why the Commission would order partial restitution are:

1. The inmate's employment ability is limited or the inmate is dependent on others for a livelihood.

2. The inmate cannot realistically make full restitution and concurrently provide a means of financial support for himself and for his dependents.

(b) If the Commission determines the restitution is factually supportable for a given case, it can elect not to order restitution as a special condition of parole. The election to not order restitution shall be supported by reasons which are announced on the record at the time of the decision. Examples of reasons are:

1. It has been determined that the location of the victim is not known and reasonable effort to locate the victim has transpired; therefore, payment of restitution to the victim is not possible.

2. The victim has stated that restitution is not desired.

3. The amount of restitution cannot be determined.

(c) In the event the case record reflects an absence of needed information regarding an amount of loss, location of victim or other relevant facts, the Commission investigator assigned to provide the effective interview shall generate an investigation request to the appropriate Commission field office. A copy of such request will be attached to the effective interview material. Upon receipt of a restitution investigation request, the Commission field office shall promptly cause an investigation to be conducted, submitting results to the Commission's central office.

(d) In the event the Commission elects to enter into a Mutual Participation Program agreement, the terms of any agreement shall include provisions for restitution if applicable. The determination of whether restitution should be made and such amount shall be determined prior to the time of negotiation.

(e) In addition to the question of restitution, the Commission investigator staff and the Commission shall provide analysis of each case regarding the existence of any "debt to the State" as defined in Section 960.17, F.S. If it is determined that such debt exists, the Commission shall order repayment of the debt by way of special condition of parole unless reasons as in the case of restitution are applicable. The record of the Commission decision on payment of any debt to the State will be the record of the Commission meeting at the time the decision is made.

(3) The Commission is authorized to impose special conditions of parole other than those concerning restitution.

(4) The Commission has authority to require an inmate be placed in the Community Control Program of the Department of Corrections, as a special condition of parole. The term of community control supervision shall not exceed six (6) months. In every case in which the Commission decides to place an inmate on community control as a special condition of parole, the Commission shall provide a written explanation of the reasons for its decision.

(5) A panel of no fewer than two Commissioners has authority to cause a review of the progress of a parolee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of parole. A panel of no fewer than two Commissioners shall discharge from parole, relieve from making further reports or permit the parolee to leave the country upon determining that such action is in the best interest of the parolee and of society. Such cases shall be docketed before the panel of Commissioners, if available, that initially set the terms and conditions of parole.

(6) A panel of no fewer than two (2) Commissioners shall review the progress of each person who has been placed on parole after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place a parolee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting - one personal contact required every three (3) months.

(b) Semi-annual reporting - one personal contact required every six (6) months.

(c) Annual reporting - one personal contact required every twelve (12) months.

(7) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the parole supervisor.

(8) Such modification shall not impose new or different terms or conditions of parole more restrictive than was stated in the original certificate.

Fla. Admin. Code Ann. R. 23-21.0165

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.1747, 947.20, 947.23 FS.

New 8-1-83, Formerly 23-21.165, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017.

New 8-1-83, Formerly 23-21.165, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 7-16-17.