Fla. Admin. Code R. 23-23.006

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

Section 23-23.006 - Conditional Release Definitions

(1) Chair - is the Chair of the Florida Commission on Offender Review.

(2) Conditional Release - means the release of any offender eligible under Section 947.1405(2), F.S.

(3) Conditional Releasee - means an inmate placed on conditional release supervision.

(4) Conditional Release Date - means the date an inmate is placed on conditional release supervision.

(5) Conditional Release Officer - means the person assigned to provide supervision for the conditional releasee.

(6) Conditional Release Voting Panel - means a panel of no fewer than two Commissioners, empowered to set, modify or terminate terms and conditions of supervision for inmates serving conditional release eligible sentences.

(7) Early Termination of Conditional Release Supervision - means a Commission Action discharging a conditional releasee from the terms and conditions of conditional release prior to the established expiration date of conditional release supervision.

(8) Habitual Offender - means an inmate the court has found and sentenced as a habitual offender pursuant to Florida Statutes.

(9) Habitual Violent Felony Offender - means an inmate the court has found and sentenced as a habitual violent felony offender pursuant to Florida Statutes.

(10) Commission Investigator - for purposes of these rules, means an employee of the Florida Commission on Offender Review who performs the following conditional release functions:

(a) Conducts violation hearings and makes findings of fact and recommendations to the Commission;

(b) Performs other related duties as assigned by the Chair.

(11)

(a) Felony Commitment - means an incarceration served in this state, any other state, or federal institution for a felony offense.

(b) Prior Felony Commitment - means any felony commitment served prior to a subsequent felony commitment.

(12) Provisional Release Date (PRD) - is the projected release date computed by the Department of Corrections based upon length of sentence reduced by gain time and provisional release credits.

(13) Release Plan - is the plan provided by the inmate for residence and employment when scheduled for release by Conditional Release with the requirement for a term of supervision.

(14) Revocation of Conditional Release - means the order of the Commission entered after a conditional releasee has been found to have violated one or more conditions of the conditional release, and requires the releasee's return to prison to resume service of sentence.

(15) Sexual Predator - means an inmate the court has designated a sexual predator pursuant to Florida Statutes.

(16) Tentative Release Date (TRD) - is the projected release date computed by the Department of Corrections based upon length of sentence reduced by applicable gain time.

(17) Vacate - means to set aside any conditional release order.

(18) Violation Hearing For Conditional Release - is a hearing provided to a conditional releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine factually whether the conditional releasee has violated the terms and conditions of his release. A report, with the hearing officer's findings of fact and recommendation, is then submitted to the Commission for determination of further action to be taken.

(19) Warrant - means a document executed by any member of the Commission which will cause the arrest and detention of a conditional releasee pending further action by the Commission.

Fla. Admin. Code Ann. R. 23-23.006

Rulemaking Authority 947.07, 947.1405(9) FS. Law Implemented 947.1405 FS.

New 10-20-91, Amended 1-5-94, 5-29-02, 3-31-10, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017.

New 10-20-91, Amended 1-5-94, 5-29-02, 3-31-10, 7-16-17.