Senate Bill 1714

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    Florida Senate - 1998                                  SB 1714

    By Senator Burt





    16-1387-98

  1                      A bill to be entitled

  2         An act relating to the Parole Commission (RAB);

  3         amending s. 947.07, F.S.; providing guidelines

  4         for rulemaking authority; providing an

  5         effective date.

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  7  Be It Enacted by the Legislature of the State of Florida:

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  9         Section 1.  Section 947.07, Florida Statutes, is

10  amended to read:

11         947.07  Rules of the commission; operation and

12  administration, parole, control release, conditional release,

13  and conditional medical release and regulations.--

14         (1)  It is the intent of the Legislature to satisfy the

15  requirements under chapter 120 to provide specific statutory

16  rulemaking authority and to recognize the need to permit the

17  commission to use professional expertise and discretion with

18  regard to its adoption of rules.

19         (2)  The commission may adopt such rules as it

20  determines best for its governance, which rules must relate

21  to:

22         (a)  The operation, management, and administration of

23  the Parole Commission offices throughout the state and its

24  personnel and functions, including, at a minimum, disciplinary

25  and removal procedures for Senior Management Selected Exempt

26  and Career Service employees, commissioner leave time,

27  provisions for employee safety and health, and standards of

28  conduct and standards for disciplinary actions for Career

29  Service employees.

30         (b)  The statutory programs under the jurisdiction and

31  authority of the commission, including, but not limited to,

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    Florida Senate - 1998                                  SB 1714
    16-1387-98




  1  parole, mutual participation program, control release,

  2  conditional release, and conditional medical release, and,

  3  more specifically, authority regarding the following as it

  4  relates to the commission's programs:

  5         1.  Definitions:

  6         2.  Eligibility for programs, eligibility criteria and

  7  determinations, interview procedures, objective criteria and

  8  guidelines, salient-factor scoring;

  9         3.  Parole, mutual participation program, control

10  release and conditional medical release, and determination of

11  release dates;

12         4.  Commission voting;

13         5.  Decisions outside matrix time ranges which involve

14  aggravation or mitigation;

15         6.  Actions regarding special types of cases;

16         7.  Time in custody calculations;

17         8.  Administrative review;

18         9.  Commission notification;

19         10.  Terms and conditions of supervision;

20         11.  Arrest, revocation, and recision procedures and

21  hearings;

22         12.  Early termination of supervision;

23         13.  Victim participation, input, and information; and

24         14.  Forms. The commission shall have power to make

25  such rules and regulations as it deems best for its

26  governance, including among other things rules of practice and

27  procedure and rules prescribing qualifications to be possessed

28  by its employees.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 1998                                  SB 1714
    16-1387-98




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  2                          SENATE SUMMARY

  3    Provides rulemaking authority for the Parole Commission
      to comply with the requirements under ch. 120, F.S., to
  4    provide specific statutory rulemaking authority.

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