Fla. Admin. Code R. 23-21.017

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

Section 23-21.017 - Review of Term and Conditions of Parole

(1) Within 30 days of the effective parole release date interview, the Commission shall inform the inmate of the inmate's effective parole release date. The inmate shall be provided with a certified copy of the term and conditions for the inmate's individualized parole. The inmate shall be informed that his release on the effective parole release date is contingent upon a satisfactory release plan and continued satisfactory institutional conduct.

(2) The inmate can request one review of the term and conditions of the parole. This review must be initiated within 120 days of the date the Commission provided a certified copy of the term and conditions to the inmate.

(3) Notwithstanding any pending request for review of term and conditions of parole, any failure by a prospective parolee to sign an official Parole Certificate constitutes refusal of parole and the inmate shall not be released on parole. During the pendency of the review period, the term and conditions of the parole will apply to the parolee. No person will be released without a signed acknowledgment and acceptance of the conditions and term.

(4) The Commission shall consider any request to modify the term and conditions of parole and render a written decision to continue or to modify the term and conditions of parole, specifying the reasons and inform the inmate/parolee of the decision in writing within 30 days of the date of receipt of request for review. If the Commission determines that the term and conditions shall not be modified, the original term and conditions remain binding on the inmate/parolee. If the Commission determines that the term and conditions should be modified, those modified term and conditions become binding on the parolee/inmate when those conditions and term are signed, acknowledged and accepted by the inmate/parolee.

(5) The Office of the Commission Clerk is authorized to issue a corrected Certificate of Parole. This authority shall be restricted to those cases in which the special condition(s) or term of parole has been incorrectly stated in the original certificate as ordered by the Commission.

(6) The Commission has authority, at any time during the term of parole to review the previously established term or conditions of parole and order the issuance of an Amended Certificate of Parole modifying such term or conditions based on change of circumstances, or discharge the person from parole. Such modification should not impose a new or different term or condition of parole that is more restrictive than what was stated in the original certificate. More restrictive modifications may only be made during the revocation process, under Rule 23-21.022, F.A.C.

(7) The Commission 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 every two years. Such reviews must include consideration of whether to modify reporting schedules, 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, semiannual or annual reporting, the following definitions will be applicable:

(a) Quarterly Reporting - One personal contact required every three months.

(b) Semiannual Reporting - One personal contact required every six months.

(c) Annual Reporting - One personal contact required every twelve months.

Fla. Admin. Code Ann. R. 23-21.017

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.19, 947.20 FS.

New 9-10-81, Amended 10-1-82, Formerly 23-21.17, Amended 1-26-93, 1-5-94, 8-17-06, 2-12-13.