307895, 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: 307895

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: clarify the requirements and procedures for administration of chemical agents; clarify the requirements for investigation of use of force incidents; and correct form titles and ensure consistency between forms and rule.

SUMMARY:

When chemical agents are administered to resolve situations in which the inmate is creating a disturbance in his cell, the proposed rule requires that videotaping initiated after final exposure to chemical agents shall continue until the inmate is showered, examined by medical, and returned to a secure cell. Inmate refusals to shower must also be videotaped. The proposed rule requires that in cases in which the Inspector General finds that a use of force was inappropriate, the Inspector General must conduct a complete investigation of the incident before issuing final approval or disapproval. The title of Form DC6-213 is amended to reflect that it is an ‘accountability’ log, and the form is amended to reflect the use of numbered security seals. The proposed rule and Form DC1-813 are amended to clarify the requirement that designated staff provide a written explanation in cases where the staff member is unavailable to supervise the administration of chemical agents. Form DC4-711A is amended to delete ‘affidavit’ from the title as the form is not an affidavit, and the form is amended to clarify the physician’s confirmation of his awareness that the inmate has refused treatment.

RULEMAKING AUTHORITY:

944.09 FS.

LAW:

20.315, 776.07, 944.09, 944.35 FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

COMMENTS:

From 5/5/2006 To 5/26/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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