Fla. Admin. Code R. 23-21.021

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

Section 23-21.021 - Warrant and Arrest

(1) A warrant for the arrest of a parolee shall be issued only by a member of the Commission. The decision to issue a warrant shall be based on evidence which indicates there may be probable cause or reasonable grounds to believe a parolee has violated the conditions of the parole. The issuance of a warrant is discretionary and will depend on the facts of the individual case.

(2) Warrant requests will be reviewed by Commission staff for sufficiency of information, and if found sufficient, staff will submit the warrant request to a Commissioner for a decision on the warrant request.

(3) Should a reviewing Commissioner elect, a warrant request may be submitted to the Commission for a decision.

(4) Should a warrant be issued, such will be transmitted to the requesting agency for appropriate service or filing. The warrant information will be entered into the Florida Crime Information Center and National Crime Information Center databases, unless the alleged parole violator is in custody in Florida. The Commission has the authority to pursue extradition of alleged violators from other jurisdictions.

(5) Should a warrant be issued, and a dismissal of the warrant is requested, the signing Commissioner or Chair is authorized to dismiss the warrant for good cause or a Commissioner may docket the warrant dismissal request for consideration by the full Commission.

(6) Emergency Warrants.

(a) An emergency warrant can be issued by a Commissioner or any Commission representative duly authorized by the Chair when the Commission receives notification from an arresting agency that a parolee has been arrested and charged with a new felony offense and there is no outstanding Commission warrant for the parolee.

(b) If the Commission believes that the parolee may present a danger to the public, the decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a parolee violated the conditions of parole.

(c) Should an emergency warrant be issued, such will be transmitted to the detaining agency for appropriate service or filing. Alleged violators of parole will be entered into the Florida Crime Information Center and National Crime Information Center, unless in custody in Florida. The Commission has authority to pursue extradition of alleged violators from other jurisdictions.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested, only the signing Commissioner or the Chair is authorized to dismiss the warrant if the Commissioner no longer believes that the parolee presents a danger to the public.

Fla. Admin. Code Ann. R. 23-21.021

Rulemaking Authority 947.07, 947.22 FS. Law Implemented 947.22, 947.23 FS.

New 9-10-81, Amended 7-1-84, Formerly 23-21.21, Amended 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13.