33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that the Department will issue a disciplinary report to an inmate transferring property to another inmate, as the item becomes contraband when passed to another inmate.
SUMMARY: The proposed amendment to Rule 33-601.314, F.A.C., clarifies that the Department will issue a disciplinary report to an inmate transferring property to another inmate, the penalty for which is 15 days in disciplinary confinement and 30 days loss of gain time.
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 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 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 Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.
The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.
Section 1 through Section 2 No change.
Section 3 – CONTRABAND – ANY ARTICLE NOT SOLD IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED
Section 3-12 Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband 15 DC + 30 GT
Section 3-1 through Section 3-11 No change.
Section 3-14 through Section 3-15 No change.
Section 4 through Section 11 No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08,________.