RULE NO: RULE TITLE
23-25.004: Addiction Recovery Supervision
PURPOSE AND EFFECT: The Commission proposes to update rules to conform to current practices and procedures, standardizing to conform to other types of Commission supervision.
SUMMARY: The proposed changes conforms the standard conditions of Addiction Recovery supervision to other forms of supervision.
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: 944.4731 FS.
LAW IMPLEMENTED: 944.4731, 947.141 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:

23-25.004 Addiction Recovery Supervision.

(1) through (4) No change.

(5) All Eligible Offenders placed on addiction recovery supervision shall be initially subject to Standard Conditions of Supervision upon their release from incarceration. In addition to the Standard Conditions of Supervision, Eligible Offenders shall be subject to such special conditions of supervision as the Commission deems necessary from its review of the record. The standard conditions of supervision shall include the following:

(a) Promptly upon being released on addiction recovery supervision, you will proceed to your planned place of residence identified on page one. You shall report in person to the probation and parole office located in ______ County, Florida, as instructed by the release officer, on _______ at ________. If no specific report date/time is given, you shall report with 72 hours of your release.

(b) You shall secure the permission of your Addiction Recovery Supervisor before:

1. You change your residence or employment,

2. You leave the county of your residence or the state,

3. You post bail or accept pretrial release if you are arrested for a felony.

(c) You shall submit a full and truthful report to your Addiction Recovery Supervisor each month in writing on the forms provided in person as directed by your Addiction Recovery Supervisor.

(d) You shall not:

1. Use or possess alcohol or intoxicants of any kind.

2. Use or possess narcotics, drugs or marijuana unless prescribed by a physician.

3. Enter any business establishment whose primary purpose is the sale/consumption of alcoholic beverages.

(e) You shall not knowingly associate with any person(s) who is engaging in any criminal activity, a criminal gang member, or person(s) associated with criminal gang members.

(f) You shall secure the permission of your Addiction Recovery Supervisor before you own, carry, or have in your constructive possession a knife or any other weapon.

(g) You shall obey all laws, ordinances and statutory conditions of addiction recovery supervision.

(h) You shall:

1. Submit to a search by an Addiction Recovery Supervisor of your person, residence or automobile,

2. Waive extradition back to the state of Florida if you are wanted for return as an alleged addiction recovery supervision violator,

3. Permit your Addiction Recovery Supervisor to visit you at your residence, employment or elsewhere,

4. Promptly and truthfully answer all questions and follow instructions asked or given to you by your Addiction Recovery Supervisor or the Commission.

(i) You understand that you are to remain on addiction recovery supervision until released therefrom by expiration or by Commission order.

(j) During your addiction recovery supervision term, you shall submit to random testing as directed by your supervising officer or the professional staff of any treatment center or residential program where treatment is being received to determine the presence or use of alcohol or controlled substances pursuant to Section 877.111 or Chapter 893, F.S.

(k) During your addiction recovery supervision term, you shall submit and pay for urinalysis testing to identify alcohol and/or drug usage and understand that your failure to make such payment or participate as defined under this condition of your addiction recovery supervision will be considered grounds for revocation of addiction recovery supervision by the Parole Commission.

(l) You shall pay any court ordered payments such as child support and restitution.

(m) You shall participate and be supervised under drug offender probation pursuant to Section 948.001(4), F.S.

(n) You shall execute and present to your Addiction Recovery Supervisor all necessary authorizations to release records to your Addiction Recovery Supervisor and the Commission so that your progress and participation in required programs can be monitored and documented.

(o) If you are accepted into a substance-abuse-transition housing program, you shall comply with the terms and conditions of that program, including payment of fees to defray the cost of your participation.

(p) You must participate in (Alcoholics Anonymous or Narcotics Anonymous) and attend meetings as directed by your Addiction Recovery Supervisor.

(6) Offenders shall have no right to administrative review of the term and conditions of addiction recovery supervision as determined by the Commission.

(7) A panel of no fewer than two Commissioners has authority to cause a review of the progress of an addiction recovery releasee, or the Department of Corrections may make recommendations to the Commission whether to modify the reporting schedule or further modify the terms and conditions of addiction recovery supervision. A panel of no fewer than two Commissioners shall discharge from addiction recovery supervision, relieve from making further reports or permit the releasee to leave the country upon determining that such action is in the best interest of the addiction recovery releasee and of society. Such cases shall be docketed before the panel of commissioners, if available, that initially set the terms and conditions of addiction recovery supervision.

(8) A panel of no fewer than two (2) commissioners shall review the progress of each person who has been placed on addiction recovery supervision after two years of supervision in the community and not less often than biennially thereafter. Such reviews must include consideration of whether to modify the reporting schedule, thereby authorizing the person under supervision to submit reports quarterly, semi-annually, or annually. In the event the Commission elects to place an addiction recovery releasee on quarterly, semi-annually or annual reporting, the following definitions will be applicable:

(a) Quarterly reporting – one personal contact required every three (3) months.

(b) Semi-annual reporting – one personal contact required every six (6) months.

(9) The panel may give specific instructions reflecting whether the personal contact is to take place in a formal setting or in the setting to be determined by the addiction recovery supervisor.

(10) Such modification shall not impose new or different terms or conditions of addiction recovery supervision more restrictive than was stated in the original certificate.

Rulemaking ~~Specific~~ Authority 944.4731(8) FS. Law Implemented 944.4731, 947.141 FS. History–New 2-10-03, Amended_________.