Fla. Admin. Code R. 23-21.019

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

Section 23-21.019 - Parole Postponement and Rescission

(1) Postponement: Any Commissioner has authority to postpone any inmate's effective parole release date when new information is received by the Commission subsequent to the grant of parole, to include an unsatisfactory release plan, unsatisfactory institutional conduct, or any other new information previously not available to the Commission at the time of the effective parole release date interview that would impact the Commission's decision to grant parole.

(a) For inmates convicted on or before April 19, 1982, their release date may be postponed for 30 days. On or before the 31st day, the Commission shall either parole the inmate or cause a Commission investigator to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(b) For inmates convicted on or after April 20, 1982, their release date may be postponed for 60 days. On or before the 61st day, the Commission shall either parole the inmate or cause a Commission investigator to conduct a rescission hearing on the matter of the infraction(s), new information, acts or unsatisfactory release plan, as charged.

(2) Rescission: Following the order for a rescission hearing, notice of the rescission hearing shall be provided to the inmate prior to the date the hearing is scheduled. The notice shall specifically state the reasons for the Commission's decision to postpone the parole date. The rescission hearing shall be conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission.

(3) Should new information become available prior to the rescission hearing that is pertinent to the postponement, the Commission may proceed with parole and void the postponement if:

(a) Information is received that a disciplinary report(s) has been overturned or become invalid,

(b) An out-of-state plan acceptance is received,

(c) A new plan is received by the Commission that is deemed acceptable, or

(d) Other new information is received regarding the postponement issue(s).

(4) At the rescission hearing the inmate shall be afforded all due process safeguards required by the Supreme Court of Florida case of Demar vs. Wainwright, 354 So. 2d 366 (Fla. 1977) and shall be properly notified of the same prior to said hearing. The inmate may waive his rights to a rescission hearing. The following rights shall be explained to the inmate regarding the rescission hearing:

(a) To appear and speak in behalf of his own defense,

(b) The opportunity to be represented by counsel, either retained or appointed, provided that such appointment is made consistent with the guidelines of the United States Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778,

(c) To examine and have disclosed for examination, all evidence offered against him at the hearing,

(d) To secure by subpoena and subpoena duces tecum and present at the hearing, persons and documents desired for defense, provided that the Commission is notified in writing, at least seven days prior to the hearing of the names, addresses, location, nature and description of said persons or documents,

(e) To confront and cross-examine all witnesses offered against him, unless the Commission or member thereof conducting the hearing finds good cause not to allow the same. Good cause shall be established in writing and provided to the inmate.

(5) The rescission hearing shall be scheduled within fourteen (14) days of the date the Order for a Rescission Hearing is signed by the Commission.

(6) The hearing may be continued or postponed due to the inability of any party or witness to attend or for other good cause (for example, new disciplinary reports, state of emergency, prison lock-down, etc.).

(7) New disciplinary reports received after the Order of Postponement, but prior to the date of the hearing shall be considered at the recission hearing, after re-noticing the inmate.

(8) The investigator is not required to find the inmate guilty or not guilty at the rescission hearing, but to determine if any circumstances exist beyond the documentation which provided the basis of the Commission's decision to postpone the parole.

(9) If the parole has been postponed due to an unsatisfactory release plan, the investigator should receive testimony from the inmate and any witnesses as to if an alternate plan exists which may be presented to the Commission for consideration.

(10) Following the rescission hearing, the Commission shall determine whether good cause has been established to rescind parole. One of the following actions shall then be taken:

(a) Parole. If the prior effective date has not passed, the Commission shall proceed with parole. If the prior effective parole release date has passed, the Commission shall rescind the grant of parole, vacate the prior effective parole release date, and establish a new effective parole release date. New conditions to the parole may be added at this time.

(b) Extend. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and extend the presumptive parole release date from the date of grant of parole. The time served by the inmate subsequent to the grant of parole shall not be counted in the extension. In this case, a new interview date shall be set.

(c) Decline. The Commission shall rescind the grant of parole, vacate the prior effective parole release date, and decline to authorize parole in accordance with Section 947.18 F.S. In this case all time frames and procedures outlined in Rule 23-21.015, F.A.C., shall be followed.

Fla. Admin. Code Ann. R. 23-21.019

Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.1745 FS.

New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.19, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13.