Fla. Admin. Code R. 23-24.030

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

Section 23-24.030 - Conditions of Conditional Medical Release

All persons placed on conditional medical release supervision shall be subject to the standard conditions of conditional medical release.

(1) The following are the standard conditions of conditional medical release:

(a) Promptly upon being released on conditional medical release, I shall proceed to my approved place of residence. Immediately upon my arrival, I, or an individual authorized by law to act on my behalf, shall report by mail or telephone to my conditional medical release officer.

(b) I, or an individual authorized by law to act on my behalf, shall secure the permission of my conditional medical release officer before:

1. I change my residence;

2. I leave my approved residence for any purpose other than a medical or religious purpose; or

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

(c) 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 controlled substances as identified in section 877.111 or chapter 893, F.S., unless prescribed by a physician; or

4. Knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member(s), or person(s) associated with a criminal gang member(s).

(d) I shall:

1. Obey all laws, ordinances, and conditions of conditional medical release;

2. Submit to a reasonable search by a conditional medical release officer, of my person, residence or automobile,

3. Waive extradition back to the State of Florida if I am wanted for return as an alleged conditional medical release violator,

4. Permit my conditional medical release officer to visit me at my residence or at any other place I am authorized to be

5. Promptly and truthfully answer all questions and follow all instructions asked or given to me by my conditional medical release officer or the Commission; and

6. Secure the permision of my conditional medical release officer before I own, carry, or have in my constructive possession a knife or any other weapon.

(e) I understand that I am to remain on conditional medical release for the remainder of my sentence without diminution of sentence for good behavior.

(f) During my conditional medical release term, I agree to submit to random testing as directed by my conditional medical release officer or the professional staff of any treatment center where treatment is being received to determine the presence or use of alcohol or intoxicants of any kind or drugs, narcotics, or controlled substances identified in section 877.111, or chapter 893, F.S., and not prescribed by a physician.

(g) During my conditional medical release term, I agree to submit and pay for testing to identify the use of any intoxicant or substance prohibited by these conditions and understand that my failure to make such payment or submit to such testing is grounds for revocation of my conditional medical release.

(h) I shall execute and provide authorizations to release records to my conditional medical release officer and the Commission so that my medical condition and progress can be monitored and documented.

(i) I understand and agree that, in the event there is an improvement in my medical condition to the extent that I am no longer "permanently incapacitated, " or "terminally ill" as those terms are defined in section 947.149, F.S., I will, if directed to do so, report for a conditional medical release revocation hearing.

(j) I agree to submit to a medical review every ninety (90) days, or as otherwise directed by the Commission, for the purpose of monitoring and documenting my medical condition or progress and I agree to submit or direct that the results of this medical review be submitted, in writing, to my conditional medical release officer for review and submission to the Commission.

(2) I understand the Commission may also impose special conditions of conditional medical release.

(3) There shall be no right of review of the terms and conditions of conditional medical release.

(4) Should the Commission modify the terms or conditions of my conditional medical release, such modification shall not, without hearing before the Commission, impose new or different terms or conditions of conditional medical release more restrictive than were originally imposed.

Fla. Admin. Code Ann. R. 23-24.030

Rulemaking Authority 947.07, 947.149 FS. Law Implemented 947.141, 947.149 FS.

New 1-5-94, Amended 3-31-10, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017, Amended by Florida Register Volume 49, Number 244, December 19, 2023 effective 1/1/2024.

New 1-5-94, Amended 3-31-10, 7-16-17, 1-1-24.