Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-601.210: Custody Classification
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to remove obsolete forms, DC4-803, Approval for Community Release and Furlough, and DC40, Community Release Recommendation, which are no longer in use and replace with DC6-127, Checklist for Transfers to Work Release Centers. The Rule is also amended to reflect the change of Immigration and Naturalization Services to Immigration and Customs Enforcement.
SUBJECT AREA TO BE ADDRESSED: Custody classification.
SPECIFIC AUTHORITY: 944.09, 958.11 FS.
LAW IMPLEMENTED: 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 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: Jamie Jordan-Nunes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.210 Custody classification.

(1) No change.

(2) Custody Grade Classification.

(a) through (i) No change.

(j) Any inmate who has been designated as an alien by the department, who has been in the custody of the department less than six months, and:

1. For whom no decision has been made by the Immigration and Customs Enforcement Naturalization Service regarding deportation,

2. through 3. No change.

(k) through (l) No change.

(3) No change.

(4) Progress Assessments.

(a) through (e) No change.

(f) In preparing assessments, care should be taken that all pertinent facts are included to insure that all up-to-date information concerning changes in an inmate’s activity are documented. Additionally, any new recommendations of the committee in regard to inmate goals should be carefully documented and supporting facts included. If at the time of the review the inmate is being recommended for work release, the Form DC6-127, Checklist for Transfers to Work Release Centers DC4-803, Approval for Community Release and Furlough, or Form DC40, Community Release Recommendation will suffice for the assessment. Form DC6-127 has been previously incorporated by reference in Rule 33-601.602, F.A.C.

(g) through (m) No change.

(5) Forms and Attachments. Form DC4-869, Custody Questionnaire, is incorporated by reference in this rule. A copy of this form may be obtained by writing the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. Requests for forms to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is May 13, 1996.

Specific Authority 944.09, 958.11 FS. Law Implemented 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 FS. History–New 12-7-81, Formerly 33-6.09, Amended 6-8-82, 10-26-83, 6-8-86, 7-8-86, 10-27-88, 1-1-89, 7-4-89, 10-12-89, 1-2-91, Formerly 33-6.009, Amended 7-21-91, 8-30-92, 5-13-96, 6-12-96, 11-19-96, 10-15-97, Formerly 33-6.0045, Amended 9-19-00, 2-25-07,_________.