Florida Regulations 33-601.604: Determination of Credit When Inmate Is Released in Error
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(1) When an inmate is released in error prior to satisfaction of the sentence, the facts surrounding the release will be collected by the Bureau of Admission and Release and provided to the Bureau of Classification Management.
(2) A preliminary determination will be made as to where the error occurred. If it is clear that an error was made on the part of the state, and there is no indication that the inmate reasonably should have known that the release was in error or before completion of sentence, based upon the length and number of sentences as reflected in the commitment documents and court orders, the out time will be awarded without the need for hearing.
(3) If it appears the inmate reasonably should have known that the release was in error or before completion of sentence, based upon the length and number of sentences as reflected in the commitment documents and court orders, a fact finding due process hearing will be held to determine if the inmate is due credit for the time out of custody.
(a) Credit will be applied if it is determined that the release involved no fault of the inmate.
(b) Credit will not be applied if it is determined that the inmate was aware of the error and made no attempt to notify the releasing authority.
(4) Credit will not be applied if the release in error was caused by another state or federal jurisdiction.
Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History-New 7-11-00, Amended 7-3-05, 12-3-14.
Terms Used In Florida Regulations 33-601.604
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) If it appears the inmate reasonably should have known that the release was in error or before completion of sentence, based upon the length and number of sentences as reflected in the commitment documents and court orders, a fact finding due process hearing will be held to determine if the inmate is due credit for the time out of custody.
(a) Credit will be applied if it is determined that the release involved no fault of the inmate.
(b) Credit will not be applied if it is determined that the inmate was aware of the error and made no attempt to notify the releasing authority.
(4) Credit will not be applied if the release in error was caused by another state or federal jurisdiction.
Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History-New 7-11-00, Amended 7-3-05, 12-3-14.