RULE NO: RULE TITLE
23-21.007: Salient Factor Scoring
23-21.021: Warrant and Arrest
23-21.022: Revocation of Parole and Compulsory Conditional Release; Preliminary Hearings; Final Hearings

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 3, January 22, 2010 issue of the Florida Administrative Weekly.

23-21.007 Salient Factor Scoring.

Salient factors (1) through (3), (5), and (6) shall be calculated on the inmate’s criminal record.

(1) through (7) No Further Modifications.

23-21.021 Warrant and Arrest.

(1) through (5) No Further Modifications.

(6) Emergency Warrants.

(a) No Further Modifications.

(b) If the Commission believes that the parolee may present a danger to the public, the decision to issue an emergency warrant shall be based on evidence which indicates reasonable grounds to believe a parolee violated the conditions of parole.

(c) No Further Modifications.

(d) Should an emergency warrant be issued and a dismissal of the emergency warrant is requested by the revocations administrator or his designee, the signing Commissioner, without the approval of the Chair, or Commission representative authorized to execute warrants, with the approval of the Chair, is authorized to dismiss the warrant if the Commissioner no longer believes that the parolee presents a danger to the public.

23-21.022 Revocation of Parole; Preliminary Hearings; Final Hearings.

(1) through (15) No Further Modifications.

(16)(13) Any final hearing can be waived by the parolee after an explanation of all rights and possible consequences of waiver. The waiver shall be in writing, shall affirm knowledge and understanding of the rights and consequences, and shall can be executed before a member of the Commission or the Commission’s designated representative. The parolee may withdraw the waiver by submitting a written request which waives all time constraints executing a withdrawal of waiver form and forwarding to the Commission headquarters. The waiver withdrawal request must be appropriately witnessed and postmarked within 14 days after the execution of the waiver. The withdrawal of waiver form and instructions regarding its use shall be provided to the parolee at the time of the execution of the waiver. Upon receipt of a timely the withdrawal of waiver form, a final revocation hearing shall be convened after appropriate notice. Such hearing shall be conducted in accordance with these rules.

(17) through (28) No Further Modifications.