Fla. Admin. Code R. 23-21.022 (2026)

(1) Preliminary Hearing. Within 30 days of service of the Commission’s warrant in this state, a parolee will be provided a preliminary hearing. The purpose of the preliminary hearing is to determine if there is probable cause that a violation of parole has occurred.

(2) Prior to the preliminary hearing, an interview with the parolee shall be held at which time an explanation of all rights and procedures shall be provided. The interview and preliminary hearing may be held by a Commission representative, such as a Commission investigator, provided such representative is neutral and detached.

(3) The preliminary hearing will be held in or near the community where the violation is alleged to have occurred or where the parolee has been taken into custody on the Commission’s warrant.

(4) For the preliminary hearing, the parolee shall be afforded the following rights:

(a) The opportunity to be present at the preliminary hearing and to present evidence in his or her own behalf, including the securing of witnesses and evidence by subpoena or subpoena duces tecum.

(b) The opportunity to have disclosed the evidence which shall be presented at the hearing.

(c) The opportunity to confront and cross-examine adverse witnesses.

(d) The opportunity to be represented by counsel, either retained or appointed, provided any appointment is made consistent with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778 (1973).

(5) Waiver of Preliminary Hearing.

(a) A parolee serving a state sentence within this state may waive his or her preliminary hearing after being advised of his or her rights and of the consequences of a waiver. The waiver shall be in writing and shall be executed before a commissioner or a Commission representative. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission or Department staff or staff of the correctional facility where the parolee is housed and must be postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(b) A parolee serving a sentence in a jurisdiction outside of this state, including a federal sentence, may submit a written request to waive his or her preliminary hearing in absentia. Upon receipt of the written waiver request, the Commission may elect to proceed with the preliminary hearing or wait until the parolee has completed his or her sentence in the other jurisdiction and is returned to this state. The parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by Commission staff, or staff of the correctional facility where the parolee is housed and must be postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a preliminary hearing shall be convened after notice.

(6) The parolee may request postponement of the preliminary hearing until the resolution of any pending criminal charges listed on the Commission’s warrant or notice of hearing. The granting of a postponement shall waive all time constraints and shall postpone disposition of all violations until notification is received by the Commission that the pending criminal charges have been resolved or the parolee elects to proceed with or waive the preliminary hearing.

(7) The parolee may request the preliminary hearing be continued upon showing of good cause. The request for continuance shall be submitted to the Commission representative in writing prior to convening the hearing and the reason(s) for the request shall be outlined with specificity. The granting of a continuance on behalf of the parolee shall waive all time constraints. If a preliminary hearing has been convened, such may be continued on the motion of the parolee, the Commission, or a Commission representative, provided the record reflects a good cause for such continuance.

(8) If there is a judicial order of incompetency, a written psychiatric or psychological determination of incompetency, or a commitment to a mental institution in the 90 days prior to the violation or in the period between the violation and the commencement of the hearing then an attorney shall be appointed. Once an attorney is appointed for questions of competency or if a previously appointed or retained attorney raises competency issues, then evidence of mental competency or incompetency shall be gathered and forwarded to the Commission for review. Once received by the Commission, the case shall be docketed. At the Commission meeting, the Commission may order that the violation process proceed, that the violation process be placed in abeyance, or such other order that it considers proper.

(9) At least 7 days prior to the preliminary hearing, the parolee shall be informed in writing of the date, time, and location of the hearing. The parolee shall be informed in this notice of the charges to be considered at the hearing. The notice shall contain all rights enumerated herein.

(10) The Commission representative holding the preliminary hearing shall have the authority to administer oaths to all witnesses, be responsible for the conduct of the hearing and the evaluation of evidence presented, and make findings based on such evidence as to probable cause. The Commission representative shall provide a written statement of the findings to the parolee within 30 days following the hearing.

(11) Following the preliminary hearing, the Commission representative shall prepare a written summary of the hearing. The written summary shall include recommendations for further Commission action, any mitigating circumstances presented at the hearing, and a statement on realistic alternatives to further incarceration, if any, and shall be transmitted to the Commission within 10 business days of the hearing.

(12) Upon receipt of the preliminary hearing summary, if no probable cause is found, the Commission shall order restoration to parole or discharge from further supervision or enter such other order as it considers proper. If probable cause is found, the Commission shall order a parolee returned for final hearing.

(13) Any parolee who has been arrested pursuant to a Commission warrant may request and shall be provided a hearing on the matter of release on recognizance as to the Commission warrant. Such hearing may be held by a Commission representative, who shall provide the Commission with a written report regarding the hearing, after which the Commission shall make a decision and inform the parolee. Any release on recognizance is conditioned upon the parolee’s written agreement to appear at any hearing(s) noticed by the Commission. A commissioner is authorized to order a parolee released on his or her recognizance, conditioned upon the parolee signing a written statement agreeing:

(a) To waive all time constraints to conduct the revocation hearing;

(b) To abide by all conditions of release previously imposed by the Commission;

(c) To abide by any special conditions imposed at the time of release on recognizance;

(d) That his or her release on recognizance is subject to review and approval by the Commission or the commissioner who executed the warrant, or the Chair in his or her absence; and

(e) To appear at any hearing(s) noticed by the Commission.

(14) If the Commission orders a final hearing, the Commission or a Commission representative may request the immediate transfer of the parolee to an appropriate Department facility. The final hearing shall be noticed and convened within 60 days of receipt of written notification from the Department of the return of the parolee to the custody of the Department. If the parolee is already in the custody of the Department, has been released on recognizance, or the Commission has elected not to have the parolee transferred to the Department, the final hearing shall be noticed and convened within 60 days of the preliminary hearing or the waiver of that hearing.

(15) Final Hearing. The final hearing may be held by a Commission representative, such as a Commission investigator, provided such representative is neutral and detached. The parolee shall be informed in writing at least 14 days prior to the final hearing of the date, time, and location of such hearing. The notice of the hearing shall contain the charges of violation and a list of the following rights the parolee shall be afforded:

(a) The opportunity to be present for the final hearing.

(b) The opportunity to present evidence in his or her own behalf, including witnesses and evidence secured by subpoena or subpoena duces tecum.

(c) The opportunity to receive, prior to the hearing, disclosure of evidence that will be presented at any final hearing.

(d) The opportunity to confront and cross-examine any adverse witnesses.

(e) The opportunity to be represented by counsel, either retained or appointed, provided such appointment is made consistent with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778 (1973).

(16) Waiver of Final Hearing.

(a) A parolee serving a state sentence within this state may waive his or her final hearing after being advised of his or her rights and of the consequences of a waiver. The waiver shall be in writing and shall be executed before a commissioner or a Commission representative. Prior to the commencement of the final hearing, the parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by a notary public and postmarked within 14 days after date of the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a final hearing shall be convened after notice.

(b) A parolee serving a sentence in a jurisdiction outside of this state, including a federal sentence, may submit a written request to waive his or her final hearing in absentia and have the Commission proceed with the disposition of the revocation. Upon receipt of the written waiver request, the Commission may elect to proceed with the revocation or wait to make a final decision as to the revocation until the parolee has completed his or her sentence in the other jurisdiction and is returned to this state. Prior to the commencement of the final hearing, the parolee may withdraw the waiver by submitting a written request which waives all time constraints. The waiver withdrawal request must be witnessed by a notary public and postmarked within 14 days after date of the the execution of the waiver. Upon receipt of a timely waiver withdrawal request, a revocation hearing shall be convened after notice.

(17) The parolee may request postponement of the final hearing until the resolution of any pending criminal charges listed on the Commission’s warrant or notice of hearing. The granting of postponement shall waive all time constraints and shall postpone disposition of all violations until notification is received by the Commission that the pending charges have been resolved or the parolee elects to proceed with or waive the final hearing.

(18) The parolee may request the final hearing be continued upon a showing of good cause. The request for continuance shall be submitted to the Commission representative in writing prior to the convening of the hearing and the reasons for the request shall be outlined with specificity. The granting of a continuance on behalf of the parolee shall waive all time constraints. If the final hearing has been convened, such may continued on the motion of the parolee, the Commission, or the Commission representative.

(19) The final hearing is a two-part hearing with the first part requiring a factual determination as to whether or not a violation(s) has occurred. The second part requires a determination of whether parole should be revoked. In reaching a determination on whether parole should be revoked, the Commission shall consider all mitigating circumstances made known at the hearing and shall consider alternatives other than reincarceration.

(20) At the final hearing, the parolee has a right to speak and present argument on his or her behalf. The Commission representative may elect to rule on legal matters during the course of the hearing or may elect to withhold ruling pending consultation with Commission counsel or other staff. If the Commission representative elects not to address legal arguments during the course of the hearing, the Commission representative shall so state on the record. In the event a decision is made during the course of the final hearing, such decision shall be reflected in the record and then reviewed by the Commission. Pursuant to Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998), the Commission may consider evidence that has been excluded in a criminal proceeding as the result of the application of the exclusionary rule.

(21) Subpoenas and subpoenas duces tecum for the parolee and on behalf of the Commission shall be issued by any one or more commissioners or the Commission or a Commission representative for both the preliminary and final hearings. The Commission, a commissioner, or a Commission representative may decline to issue a requested subpoena when it finds the testimony or evidence would be cumulative, irrelevant, or nonprobative. The party requesting subpoenas shall furnish the Commission representative the names and addresses of his or her proposed witnesses at least 14 days prior to the hearing date.

(22) At both the preliminary and final hearing, the parolee may waive representation by counsel, provided the waiver is reflected clearly in writing or in the record of the proceeding. The parolee may retain counsel to represent him or her at both the preliminary and final hearing. If the parolee indicates he or she wants counsel but has not retained counsel, the following procedure shall apply:

(a) Inquiry shall be made of the parolee’s ability to retain counsel. The Commission representative shall reach a conclusion as to the parolee’s ability to retain counsel.

(b) If the Commission representative determines the parolee is unable to retain counsel by reason of indigency or otherwise, the Commission representative shall proceed to determine if the parolee is eligible for appointed counsel pursuant to the guidelines of Gagnon v. Scarpelli, 411 U.S. 778 (1973). If a request for counsel is denied, the grounds for denial shall be stated succinctly in the record.

(23) The Commission representative may elect to receive information following the final hearing provided the parolee agrees to the receipt of such information outside of the context of the hearing and that such agreement is reflected clearly in the record.

(24) Based on evidence presented at the hearing, the Commission representative shall make a written summary of findings of fact regarding the alleged violations and provide the written summary to the Commission within 10 business days of the hearing. Within 45 days following the final hearing, the Commission may enter an order revoking parole, reinstating the parolee to supervision, or enter such other order as is proper. When the Commission finds the parolee has committed a violation(s), the Commission may elect to order the parolee returned to supervision with a new term not to exceed statutorily prescribed limits and may elect to establish new conditions of the parole provided the parolee agrees to each term and condition. If the Commission revokes parole, the order entered shall contain the evidence relied upon and the reason(s) for the revocation. Unless notification is waived by the parolee, the Commission shall notify the parolee and any attorney representing the parolee at the final hearing of the Commission’s final decision within 30 days following the Commission decision on the final hearing.

(25) Upon a finding that the parolee did commit one or more violations, the Commission may order the parolee placed in a community control program. Placement on community control shall be utilized by the Commission, in its judgment, for parolees who are not suitable for restoration to standard supervision and would otherwise be revoked if not for the alternative of community control placement. When ordering placement on community control, the Commission shall specify:

(a) The proven violation(s);

(b) The term of community control which may exceed the original term of parole but not exceed statutorily prescribed limits and which may be reduced by subsequent order of the Commission;

(c) The new term of parole which shall not exceed statutorily prescribed limits nor be less than the term of community control;

(d) Standard community control conditions shall be ordered as set forth in s. 948.01, F.S.;

(e) Special community control conditions may be ordered based upon evaluation of the record of the parolee; and,

(f) Additional parole conditions, if any, in the event the community control term is less than the parole term.

(26) Release on Recognizance:

(a) A commissioner may release on recognizance a parolee when the final hearing is postponed or continued.

(b) At the final hearing, a commissioner may release on recognizance a parolee when:

1. The parolee was released on recognizance prior to the convening of the final hearing;

2. Insufficient evidence is produced to sustain any violation of parole; or

3. Upon finding that the parolee did violate one or more conditions of parole, the Commission representative announces his or her intention to recommend action other than revocation of parole.

(c) Subsequent to the final hearing in which there was a finding that the parolee did violate one or more conditions of parole, the Commission representative may recommend the parolee be released on recognizance upon receipt of relevant favorable information. Violations of the conditions of release can cause an order to revoke the release on recognizance to be executed by a commissioner when reliable information is received of such violation. Such order shall be sufficient to cause the arrest and return of the parolee to custody.

(27) Violation of the conditions of parole for grounds other than for a new conviction: A parolee who is found guilty of a violation of parole on grounds other than for the commission of a new felony or misdemeanor offense may be reinstated to parole, discharged from parole, or revoked. The following information shall be considered in making that determination:

(a) The preponderance of available evidence suggests that the parolee would pose a danger to public safety or would likely engage in new criminal conduct if reinstated to parole;

(b) The parolee has previous violations of the conditions of his parole under the current sentence;

(c) The parolee’s behavior demonstrates the inability or unwillingness of the parolee to conform to minimum parole restraints so as to prevent successful completion of the court imposed sentence outside of actual confinement. Any parole violation leading to revocation is a basis for a determination that the parolee’s record during confinement was not good. These inmates will be scheduled for interview to determine whether they are eligible for consideration for parole within 6 months of the revocation.

(28) If the Commission revokes parole, the parolee shall be entitled to all credit for time spent in custody prior to the revocation hearing for all charges that appear on the Commission’s warrant or notice of hearing. Time spent in other jurisdictions as a result of intervening sentences shall be considered by the Commission. The Commission shall consider the credit for time served on parole. The actual award of such credit is discretionary. Credit for time served on parole shall be reflected in the Commission’s order.

Rulemaking Authority 947.07, 947.20 FS. Law Implemented 947.23 FS. History–New 9-10-81, Amended 10-1-82, 7-1-84, Formerly 23-21.22, Amended 5-10-87, 1-26-93, 1-5-94, 8-17-06, 3-31-10, 2-12-13, 7-16-17, 11-25-25, 7-28-26.

Effective: 7/28/2026.