Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-601.720: Sex Offender Visiting Restrictions
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to reflect disciplinary charges recently added to Rule 33-601.314, F.A.C.
SUBJECT AREA TO BE ADDRESSED: Gain time; visiting restrictions.
SPECIFIC AUTHORITY: 944.09, 944.23, 944.275 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23, 944.275, 944.28 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: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.720 Sex Offender Visiting Restrictions.

(1) through (2) No change.

(3) The warden shall also consider the disciplinary history of the inmate when making the determination of whether to allow visitation. In order to be eligible to visit, an inmate must not have been found guilty of any of the following disciplinary charges in Rule 33-601.314, F.A.C., during the three months prior to the request for visitation:

(a) through (e) No change.

(f) 1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

(g) 1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

(h) 1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

(i) 1-10 Aggravated battery or attempted aggravated battery on an inmate;

(j) 1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

(k) 1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

(l) 1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

(m) 1-14 Aggravated assault or attempted aggravated assault on an inmate;

(n) 1-15 Battery or attempted battery on a correctional officer;

(o) 1-16 Battery or attempted battery on staff other than correctional officer;

(p) 1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

(q) 1-18 Battery or attempted battery on an inmate;

(r) 1-19 Assault or attempted assault on a correctional officer;

(s) 1-20 Assault or attempted assault on staff other than correctional officer;

(t) 1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

(u) 1-22 Assault or attempted assault on an inmate;

(f) through (q) renumbered (v) through (gg) No change.

(4) through (6) No change.

Specific Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-29-03, 9-29-03, 4-17-05,________.