33-601.732: Reinstatement of Revoked or Suspended Visiting Privileges
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to update terminology.
SUBJECT AREA TO BE ADDRESSED: Visiting Privileges.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09, 944.23, 944.8031 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:
33-601.732 Reinstatement of Revoked or Suspended Visiting Privileges.
(1) The warden or designee shall approve or deny requests for reinstatement of an inmate’s suspended visiting privileges. The inmate shall submit a written request for reinstatement to the warden on Form DC6-236, Inmate Request. Form DC6-236 is incorporated by reference in Rule 33-103.019, F.A.C.
(a) Reinstatement of indefinitely privileges suspended privileges for more than two years shall only be considered after two years from imposition.
1. The warden or designee shall review the request, render a final decision and notify the inmate concerned.
2. Should the inmate be denied reinstatement, the inmate may not make another request for one year from the last decision requesting reinstatement.
(b) Privileges Reinstatement of privileges suspended for two years or less shall not be considered for reinstatement for a period of one year. Should the inmate be denied, the inmate may not make another request for six months from the last decision requesting reinstatement.
(c) Privileges suspended for Early reinstatement of suspensions of one year or less shall not be considered for reinstatement until at least six months from the date of suspension. Should the inmate be denied reinstatement, the inmate may not make another request.
(d) The warden or designee shall consider the following factors in considering whether an inmate’s visitation privileges shall be reinstated:
1. Whether reinstatement will pose a threat to the security of visiting operations, based on the inmate’s disciplinary record and classification status as determined by Rule 33-601.210, F.A.C.;
2. The severity of the offense(s) for which visiting privileges were suspended;
3. Whether reinstatement of visiting privileges will benefit the inmate’s successful reentry into society by facilitating maintanence of community and family ties.
(2) The warden or designee shall approve or deny requests for reinstatement of a visitor’s revoked or suspended visiting privileges privilege. The visitor, or inmate on behalf of the affected visitor, shall submit a written request for reinstatement of privileges to the assigned institutional classification officer. The visitor for whom the reinstatement is being considered shall submit a Request for Visiting Privileges, Form DC6-111A, if the suspension has been for longer than six months.
(a) Reinstatement of indefinitely suspended revoked privileges shall only be considered after two years from imposition.
1. The warden or designee shall review the request, render a final decision and notify the visitor concerned.
2. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request for one year from the last decision requesting reinstatement.
(b) Privileges Reinstatement of privileges suspended for two years or less shall not be considered for reinstatement for a period of one year. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request for six months from the last decision requesting reinstatement.
(c) Early reinstatement of suspensions of one year and under shall not be considered for reinstatement until at least six months from the date of suspension. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request.
(d) The warden or designee shall consider the following factors in considering whether an visitor’s visitation privileges shall be reinstated:
1. The severity of the offense(s) for which visiting privileges were suspended;
2. The relationship between the visitor and the inmate, such as a whether the visitor is a family member.
Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03,_________.