Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO.: RULE TITLE:
33-601.718: Review of Request for Visiting Privileges
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to transfer via rulemaking Forms DC6-111D and DC6-111A from Rule 33-601.737, F.A.C., to this rule and to amend form DC6-111D to permit staff to consider an applicant’s relationship to the inmate if the applicant is a victim.
SUBJECT AREA TO BE ADDRESSED: Visiting.
RULEMAKING AUTHORITY: 944.09, 944.23 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.718 Review of Request for Visiting Privileges.

In approving or disapproving visiting privileges, assigned institutional classification officer shall review Form DC6-111A, the Request for Visiting Privileges, Form DC6-111A, and shall consider all factors related to the security, order, or effective management of the institution. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(1) Prior criminal records shall not automatically result in disapproval of visiting. The nature, extent, and recentness of the criminal convictions and adjudications withheld combined with the person’s relationship to the inmate shall affect approval or disapproval.

(2) The assigned institutional classification officer staff shall evaluate a person’s criminal history and visiting background using Form DC6-111D, the Visitor Screening Matrix, Form DC6-111D. Form DC6-111D is hereby incorporated by reference. A copy is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 8/11.

(3) Form DC6-111D is incorporated by reference in Rule 33-601.737, F.A.C.

Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03,________.