Notice of Proposed Rule

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.
SUMMARY: The rules are amended to include the disciplinary charges added to Rule 33-601.314, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09, 944.23, 944.275 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23, 944.275, 944.28 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE 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, _________.


NAME OF PERSON ORIGINATING PROPOSED RULE: John Hancock, Chief, Classification and Central Records
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 3, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 14, 2007