Fla. Admin. Code R. 23-25.002

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

Section 23-25.002 - Definitions

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

(2) Addiction Recovery Supervisor - means the person assigned to provide supervision for the Releasee.

(3) Commission - means the Commission on Offender Review.

(4) Controlled Substance - means a "controlled substance" as defined in Section 893.02, F.S.

(5) Conviction - means a "conviction" as defined in Section 921.0021, F.S.

(6) Department - means the Department of Corrections.

(7) Eligible Offender - means any offender who meets the criteria of Section 944.4731(2)(a), F.S.

(8) History of substance abuse or addiction - means:

(a) A score of 4 or more on the Department of Corrections Drug Simple Screening Instrument; or

(b) Two or more prior convictions for an offense for which an element of that offense relates to a controlled substance, alcohol, or drug paraphernalia; or

(c) One prior conviction for any offense for which an element of that offense relates to a controlled substance, alcohol, or drug paraphernalia and the current offense has as an element of the offense a controlled substance, alcohol or drug paraphernalia; or

(d) Acknowledgement by the offender that he or she has sought help for alcohol or substance abuse.

(9) Participated in any drug treatment - means prior community supervision drug treatment, prison drug treatment, or mandated or voluntary substance abuse treatment.

(10) Releasee - means an offender placed on addiction recovery supervision pursuant to Section 944.4731, F.S.

(11) Revocation - means the order of the Commission entered after a Releasee has been found to have violated one or more conditions of the addiction recovery supervision, and requires the Releasee's return to prison to resume service of sentence.

(12) Standard Conditions of Supervision means conditions which will be required of every releasee as standard practice and procedure of the Commission.

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

(14) Violation Hearing - means an administrative proceeding provided to a Releasee under warrant and conducted by the Commission, a Commissioner, or a duly authorized representative of the Commission, to determine whether the Releasee has violated any condition(s) of his/her release.

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

Fla. Admin. Code Ann. R. 23-25.002

Rulemaking Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS.

New 2-10-03, Amended 3-31-10.