33-601.731: Revocation or Suspension of Visiting Privileges
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update the penalties associated with introducing or possessing a cellular telephone, device, component, or accessory thereof, into or within a correctional facility in light of the changes to Section 944.47(1)(a)6., F.S.
SUBJECT AREA TO BE ADDRESSED: Revocation or Suspension of Visiting Privileges.
SPECIFIC AUTHORITY: 944.09, 944.23 FS.
LAW IMPLEMENTED: 944.09, 944.23, 944.47, 944.8031 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: David Arthmann, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-601.731 Revocation or Suspension of Visiting Privileges.
(1) No change.
(2) Indefinite suspension of an inmate’s visiting privileges shall be considered by the Institutional Classification Team (ICT) as a management tool when an inmate is found guilty of the following offenses:
(a) No change.
(b) Criminal activity, serious rule violations, repeated visiting rule or procedure infractions or security breech. A serious rule violation is a violation that subjects the violator to suspension of privileges for a minimum of two years or to revocation of visiting privileges;.
(c) Possessing or using: a cellular telephone or other portable communication device as defined in Section 944.47(1)(a)6., F.S.; any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under the statute.
(3) No change.
(4) An inmate shall be subject to suspension of visiting privileges for three months for a first offense, six months for a second offense and two years for a third or subsequent offense, by the ICT as a management tool when an inmate is found guilty of possessing any of the following contraband or illegal items:
(a) Intoxicating beverages,
(b) Cellular phone or Rrecording devices, or
(c) Pager.
(5) through (8) No change.
(9) Suspension of Visitor’s Visiting Privileges.
(a) A visitor’s visiting privileges shall be revoked by the warden or designee when the visitor:
1. through 6. No change.
7. Is found in possession of or is found passing or attempting to pass to an inmate: a cellular telephone or other portable communication device, as defined in Section 944.47(1)(a)6., F.S.; any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under the statute.
(b) through (c) No change.
(10) No change.
Specific Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 10-4-07,________.
Editorial Note: Formerly 33-601.707 and 33-601.708, F.A.C.