23-20.002: Scope of Responsibility
23-20.007: Procedures
PURPOSE AND EFFECT: The Commission proposes to amend a current rule to remove obsolete position titles.
SUMMARY: The change clarifies that only parole-eligible inmates are eligible for the mutual participation program as well as update position titles, replacing obsolete titles with correct title.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 947.07, 947.135, 947.20 FS.
LAW IMPLEMENTED: 947.135 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 7, 2010, 9:00 a.m
PLACE: Florida Parole Commission, 2601 Blair Stone Road, Bldg C., Hearing Room A, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah J. Rumph, General Counsel, 2601 Blair Stone Road, Bldg. C, Tallahassee, Florida 32399.
THE FULL TEXT OF THE PROPOSED RULE IS:
23-20.002 Scope of Responsibility.
(1) through (3) No change.
(4) The Release Services Mutual Participation Program Administrator will be provided with an opportunity to review the agreement and may provide input prior to the agendaed action by the Commission.
(5) through (8) No change.
Rulemaking Specific Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Formerly 23-20.02, Amended 1-26-93,_______.
23-20.007 Procedures.
(1) through (3) No change.
(4) Once the conditions are agreed upon by the representatives of the Department, the Commission, and the inmate, the agreement should be prepared at the institution, if possible, signed by all participants, subject to review and approval by the Warden Superintendent; and if approved, forwarded by the Commission representative to the Commission with notification to the Release Services Mutual Participation Program Administrator.
(5) The Release Services Mutual Participation Program Administrator will be provided with an opportunity to review all agreements at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission.
(6) Upon approval by the Commission, the representative of the Commission and the Department and the inmate shall be informed in writing and the agreement shall be in force. The original copy of the agreement shall be retained and placed in the Department’s Offender Record with copies to the Commission representative, the Department representative, the Release Services Mutual Participation Program Administrator, and the inmate.
(7) Renegotiation or Cancellation: Should the negotiated agreement not be approved by the Commission, the inmate, Commission’s representative, the Release Services Mutual Participation Program Administrator shall be notified in writing of the reasons for rejection. A proposed agreement may be returned to the negotiating team for possible renegotiation. Agreements may also be cancelled and submitted to the negotiation team for new negotiations when:
(a) through (b) No change.
(8) Monitoring:
(a) through (b) No change.
(c) If the agreement conditions have not been satisfactorily met, the inmate or the Department or Commission representatives may recommend continuance, cancellation or renegotiation of the agreement. Recommendations made by the representatives should be prepared at the institution, if possible, signed by all participants subject to review and approval by the Warden Superintendent; and if approved, then forwarded to the Commission with notification to the Release Services Mutual Participation Program Administrator. The Release Services Mutual Participation Program Administrator will be provided with an opportunity to review all recommendations at the same time they are submitted to the Commission and may provide input prior to the agendaed action by the Commission. The Commission shall make the final decision on the agreement and notify the representative of the Commission, the Department, the inmate, and Release Services Mutual Participation Program Administrator of the final action. Final Commission action shall take place prior to the proposed parole date. Review of the conditions under parole supervision will be the responsibility of the parole supervisor in accordance with Statutes. Additionally, the Commission and the Department shall jointly monitor the total program in order to prepare yearly reports as well as provide evaluation for future program direction.
(9) through (11) No change.
Rulemaking Specific Authority 947.07, 947.135, 947.20 FS. Law Implemented 947.135 FS. History–New 9-10-81, Amended 10-1-82, Formerly 23-20.07, Amended 1-26-93,_______.