Florida Regulations 23-21.018: Disposition of Special Types of Cases Under the Guidelines
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(1) Any inmate who is serving both parole eligible and ineligible sentences is eligible for parole consideration only on the eligible sentence or sentences. However, actual terms of parole service shall not be initiated until the satisfactory completion of the parole ineligible sentence and subsequent review by the Commission.
(a) If an inmate received a parole ineligible sentence under the provisions of Florida Statutes Chapter 921, subsequent to or at the same time he received a parole eligible sentence, then he shall receive his initial interview in accordance with subsection 23-21.006(2), F.A.C. The Commission shall establish a presumptive parole release date and conduct subsequent reviews in a manner consistent with current law and administrative rules.
(b) Upon the Commission reaching a decision to authorize the establishment of an effective parole release date, an order granting parole shall be entered which shall specify that such order is applicable only to sentences which are parole eligible. The order shall contain appropriate language to ensure that all interested parties are clear as to the limited effect of such order.
(c) Upon the completion of the parole ineligible sentence as determined by the Department of Corrections, an interview shall be scheduled and conducted for the purpose of considering any new information and to obtain a release plan from the inmate. The inmate’s case shall be placed on the Commission agenda following the interview at which time a decision shall be made regarding the inmate’s release on parole.
1. If no new information is received which would negatively impact the release, the Commission shall establish a term of parole and such conditions of parole shall be determined in a manner currently provided for by law, except that the time the inmate served subsequent to the grant of parole shall not be counted.
2. If the Commission decides not to release the inmate on parole based on an unsatisfactory release plan, unsatisfactory institutional conduct or any other new information that would impact the release decision, the Commission shall cause a rescission hearing to be held to review the new information. Following the rescission hearing, the Commission shall either proceed with parole or rescind the parole and extend the presumptive parole release date, from the date of the grant of parole. However, the time the inmate served subsequent to the grant of parole shall not be counted in the extension. A new interview date will be scheduled as necessary.
Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.168 FS. History-New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.18, Amended 1-26-93, 1-5-94, 8-17-06.
Terms Used In Florida Regulations 23-21.018
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) Upon the Commission reaching a decision to authorize the establishment of an effective parole release date, an order granting parole shall be entered which shall specify that such order is applicable only to sentences which are parole eligible. The order shall contain appropriate language to ensure that all interested parties are clear as to the limited effect of such order.
(c) Upon the completion of the parole ineligible sentence as determined by the Department of Corrections, an interview shall be scheduled and conducted for the purpose of considering any new information and to obtain a release plan from the inmate. The inmate’s case shall be placed on the Commission agenda following the interview at which time a decision shall be made regarding the inmate’s release on parole.
1. If no new information is received which would negatively impact the release, the Commission shall establish a term of parole and such conditions of parole shall be determined in a manner currently provided for by law, except that the time the inmate served subsequent to the grant of parole shall not be counted.
2. If the Commission decides not to release the inmate on parole based on an unsatisfactory release plan, unsatisfactory institutional conduct or any other new information that would impact the release decision, the Commission shall cause a rescission hearing to be held to review the new information. Following the rescission hearing, the Commission shall either proceed with parole or rescind the parole and extend the presumptive parole release date, from the date of the grant of parole. However, the time the inmate served subsequent to the grant of parole shall not be counted in the extension. A new interview date will be scheduled as necessary.
Rulemaking Authority 947.07 FS. Law Implemented 947.13, 947.168 FS. History-New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.18, Amended 1-26-93, 1-5-94, 8-17-06.