15156364, 33-602.210 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15156364

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

SECURITY OPERATIONS

Overview

RULE:

33-602.210

Use of Force

PURPOSE:

The purpose and effect of the proposed rule is to add the definition of Crisis Intervention Training; to add the definition of Qualified Mental Health Professional; to require the inclusion of certain de-escalation information on the video of an organized use of force involving inmates who are classified as S-2 or higher; to amend Form DC6-230; to require de-escalation efforts be made to prevent an organized use of force on inmates classified as S-2 or higher; to designate an inmate’s refusal to relinquish control of the cell’s food flap/cell port cover as an organized use of force subject to certain requirements; to allow for the use of non-deadly force to reasonably restrain an inmate to permit the administration of necessary mental health treatment; to require a Warden or designee to verify the narrative on Form DC6-230 regarding the reasons for authorizing an organized use of force; to amend Form DC6-232; to require that following a medically necessary use of force that Form DC6-232 be attached to Form DC6-230 for review by the Warden or Duty Warden; and to remove the requirement that Form DC2-802 be maintained in personnel files.

SUMMARY:

Rulemaking was initiated to add definitions; to change how a use of force involving certain mental health inmates will be implemented and recorded; to establish that the use of force when an inmate refuses to relinquish control of the cell’s food flap/cell port cover will be classified as an organized use of force; to allow for the use of non-deadly force in the administration of necessary mental health treatment; to require the verification of certain information provided in Form DC6-230; to amend Forms DC6-230 and DC6-232; to require the review of Forms DC6-230 and DC6-232 following a medically necessary use of force; and to remove the requirement that Form DC2-802 be maintained in personnel files.

RULEMAKING AUTHORITY:

944.09 FS

LAW:

776.07, 944.09, 944.35 FS

PRINT PUBLISH DATE:

10/8/2014 Vol. 40/196

COMMENTS:

From 10/8/2014 To 10/29/2014 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01691 DC2-802 Use of Force Log
Ref-01700 DC6-230 Report of Force Used
Ref-01701 DC6-232 Authorization for Use of Force
Ref-02950 DC6-216 Chemical Agent Accountability Log

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