Florida Regulations 23-21.012: Inmate Initiated Review of Presumptive Parole Release Date
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(1) An inmate can request one review of each initial presumptive parole release date established according to Florida Statutes § 947.173(1), if the inmate shows cause in writing, with individual particularities, within sixty (60) days after the date the inmate is notified of the establishment of the presumptive parole release date. In that request for review, the inmate must address every matter with which he takes issue or exception. The Commission shall accept the request for review either from the inmate, from the inmate’s attorney or from a person with a power of attorney from the inmate. The request for review may be submitted on form PCG-5, which is hereby incorporated by reference. However, the Commission shall not require any particular form for the request for review. The following matters must be included:
(a) Inmate name and Department of Corrections Prison Number;
(b) Inmate’s established presumptive parole release date;
(c) The case specific materials of which the inmate is requesting review:
1. Salient Factor Scoring;
2. Severity of Offense Behavior;
3. Aggravating or Mitigating Factors;
4. Calculation of Time in Custody.
(d) The relief sought by the inmate.
(e) The inmate can submit any written or printed evidence purporting to be an official court record. However, any such evidence shall be verified by the Commission and if verification proves any portion of the printed evidence to be invalid or false, the Commission shall inform the proper State Attorney.
(2) The Commission shall not entertain requests for review on any other Commission action.
Rulemaking Authority 947.07 FS. Law Implemented Florida Statutes § 947.173. History-New 9-10-81, Amended 10-1-82, Formerly 23-21.12, Amended 1-26-93, 1-5-94, 8-17-06.
Terms Used In Florida Regulations 23-21.012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) Inmate’s established presumptive parole release date;
(c) The case specific materials of which the inmate is requesting review:
1. Salient Factor Scoring;
2. Severity of Offense Behavior;
3. Aggravating or Mitigating Factors;
4. Calculation of Time in Custody.
(d) The relief sought by the inmate.
(e) The inmate can submit any written or printed evidence purporting to be an official court record. However, any such evidence shall be verified by the Commission and if verification proves any portion of the printed evidence to be invalid or false, the Commission shall inform the proper State Attorney.
(2) The Commission shall not entertain requests for review on any other Commission action.
Rulemaking Authority 947.07 FS. Law Implemented Florida Statutes § 947.173. History-New 9-10-81, Amended 10-1-82, Formerly 23-21.12, Amended 1-26-93, 1-5-94, 8-17-06.