Fla. Admin. Code R. 23-21.0051

Current through Reg. 50, No. 085; April 30, 2024

Section 23-21.0051 - Full Commission Reviews

The Commission, consisting of three Commissioners, appointed by the Chair, shall vote the following types of cases:

(1) Upon receipt of significant information impacting on parole decision-making, a single Commissioner can have a case placed on the docket for a full Commission vote;

(2) Should a panel split in their vote on any case voted on by a panel, the Chair or his or her designee will cast the deciding vote;

(3) Whenever a panel reviews a case which is on a docket and determines that new information has been gathered which suggests an extension or reduction of the established presumptive parole release date greater than sixty (60) months, the panel shall make its recommendation for such extension or reduction and refer the case to the full Commission. The panel's recommendation regarding the new information shall include a statement of the specific reason for its recommendation;

(4) In any case where a panel agrees to set or reduce a Mutual Participation Program parole release date sixty (60) months or more, below the established presumptive parole release date, the panel shall make its recommendation for such extension and refer the case to the full Commission;

(5) All parole violation cases following final hearing;

(6) All effective interviews, extraordinary interviews, and extraordinary reviews;

(7) All conditional medical release cases;

(8) Establishing presumptive parole release dates for capital felony offenders;

(9) Reviewing presumptive parole release dates requests filed pursuant to Section 947.173, F.S., for capital felony offenders;

(10) Parole cases in which the Department is making a recommendation, separately from any other scheduled action;

(11) Rescinding or nullifying a parole granted by the Commission;

(12) Reviewing the term and conditions of parole as outlined in Rule 23-21.017, F.A.C.;

(13) When the Commission cannot reach a majority vote, the action of the Commission is no action and the case will be placed on the next docket; and,

(14) Determining unsatisfactory institutional conduct for establishing eligibility for the setting of a presumptative parole release date for capital felony offenders.

Fla. Admin. Code Ann. R. 23-21.0051

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.06, 947.07, 947.149, 947.18, 947.20 FS.

New 1-26-93, Amended 1-5-94, 8-17-06, 2-3-14, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/16/2017.