13105299, 33-601.104 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13105299

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

CLASSIFICATION AND CENTRAL RECORDS

Overview

RULE:

33-601.104

Withholding or Forfeiture of Gain Time

PURPOSE:

The purpose and effect of the proposed rule is to change the process by which gain time is forfeited when an inmate escapes. With regard to escapes that occur before October 1, 2013, forfeiture of all gain time will occur upon conviction for escape subject to full or partial mitigation at the request of the inmate at the discretion of the Secretary or designee. With regard to escapes on or after October 1, 2013, forfeiture of gain time will be determined following a hearing.

SUMMARY:

The proposed rule will allow the Secretary or designee to return gain time forfeited as the result of an escapes that occur before October 1, 2013.  A forfeiture of gain time can occur regarding escapes that occur on or after October 1, 2013 following a hearing.

RULEMAKING AUTHORITY:

944.09, 944.275, 947.149(6) FS

LAW:

944.09, 944.275, 944.28, 947.149(5)(a), (b) FS

PRINT PUBLISH DATE:

6/12/2013 Vol. 39/114

COMMENTS:

From 6/12/2013 To 7/3/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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