33-602.220: Administrative Confinement
33-602.222: Disciplinary Confinement
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to allow routine 30 minute checks to be entered on the Housing Unit Log rather than the Inspection of Housing Record. This prevents the Inspection of Housing Record from becoming cluttered with routine checks, making it more difficult to monitor other required visits and inspections. The rules are also amended to provide that inmates in administrative and disciplinary confinement shall be allowed out of their cells to receive regularly scheduled mental health services unless the inmate has displayed hostile, threatening, or other behavior that could present a danger to others within the past four hours.
SUMMARY: Amends the rules to allow routine 30 minute checks to be entered on the Housing Unit Log rather than the Inspection of Housing Record and to provide that inmates in administrative and disciplinary confinement shall be allowed out of their cells to receive regularly scheduled mental health services unless the inmate has displayed hostile, threatening, or other behavior that could present a danger to others within the past four hours.
SUMMARY 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 F.S.
LAW IMPLEMENTED: 20.315, 944.09, 945.04 F.S.
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: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.220 Administrative Confinement.
(1) through (4) No change.
(5) Conditions and Privileges.
(a) through (g) No change.
(h) Counseling Interviews – Inmates shall be allowed out of their cells to receive regularly scheduled mental health services as specified in an ISP unless, within the past four hours, the inmate has displayed hostile, threatening, or other behavior that could present a danger to others. Security staff shall determine the level of restraint required while inmates in administrative confinement access services outside their cells. Counseling shall be provided to inmates in administrative confinement in-cell or out of cell when deemed necessary by mental health staff. The ICT shall determine whether an inmate in administrative confinement may be removed to attend individual or group counseling sessions or interviews when they determine that it is safe to do so, or whether counseling must take place in-cell.
(i) through (q) No change.
(6) No change.
(7) Visits to Administrative Confinement. The following staff members shall be required to officially inspect and tour the administrative confinement unit. All visits by staff, other than the 30 minute checks described in paragraph (a) below, shall be documented on the Inspection of Special Housing Record, Form DC6-228. Form DC6-228 is incorporated by reference in subsection (11) of this rule. The staff member shall also document his or her visit on the Daily Record of Segregation, Form DC6-229, if any discussion of significance, action or behavior of the inmate occurs or any important information is obtained which may have an influence or effect on the status of confinement. These visits shall be conducted at a minimum of:
(a) At least every 30 minutes by a correctional officer, but on an irregular schedule. These checks shall be documented on Form DC6-209, Housing Unit Log. Form DC6-209 is hereby incorporated by reference in subsection (11) of this rule.
(b) through (h) No change.
(8) through (11) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History--New 4-7-81, Amended 6-23-83, 3-12-84, Formerly 33-3.081, Amended 4-22-87, 8-27-87, 7-10-90, 12-4-90, 3-24-97, 4-26-98, 10-5-98, Formerly 33-3.0081, Amended 2-12-01, 2-5-02, 1-19-03, 4-1-04, 3-5-06, ________.
33-602.222 Disciplinary Confinement.
(1) through (3) No change.
(4) Conditions and Privileges.
(a) through (g) No change.
(h) Counseling and Interviews. Inmates shall be allowed out of their cells to receive regularly scheduled mental health services as specified in an ISP unless, within the past four hours, the inmate has displayed hostile, threatening, or other behavior that could present a danger to others. Security staff shall determine the level of restraint required while inmates in administrative confinement access services outside their cells. Counseling shall be provided to inmates in disciplinary confinement in-cell or out of cell when deemed necessary by mental health staff. The ICT shall determine whether an inmate in disciplinary confinement may be removed to attend individual or group counseling sessions or interviews when they determine that it is safe to do so, or whether counseling must take place in-cell.
(i) through (r) No change.
(5) through (6) No change.
(7) Visits to Disciplinary Confinement.
(a) The following staff members shall be required to officially inspect and tour the disciplinary confinement unit. All visits by staff, other than the 30 minute checks described in subparagraph 1. below, shall be documented on the Inspection of Special Housing Record DC6-228. Form DC6-228 is incorporated in subsection 33-602.220(11)(10), F.A.C. The staff member shall also document his or her visit on the Daily Record of Segregation Form DC6-229, if any discussion of significance, action or behavior of the inmate, or any other important information is obtained which may have an influence or effect on the status of confinement. These visits shall be conducted a minimum of:
1. Every 30 minutes by a correctional officer, but on an irregular schedule. These checks shall be documented on Form DC6-209, Housing Unit Log. Form DC6-209 is incorporated by reference in Rule 33-602.220, F.A.C.
2. through 10. No change.
(7)(b) through (14) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 3-12-84, Formerly 33-3.084, Amended 7-10-90, 4-28-96, 12-7-97, Amended 2-12-01, 2-5-02, 4-1-04, 1-16-06, ________.