33-302.105: Probation and Parole - Use of Force
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to incorporate Form DC3-210, Community Corrections Report of Force Used, and Form DC3-225, Community Corrections Incident Report.
SUBJECT AREA TO BE ADDRESSED: Probation and Parole – Use of Force.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.35 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-302.105 Probation and Parole – Use of Force.
(1) Physical force shall not be used on offenders under supervision in the performance of duty unless required:
(a) In self-defense or the protection of others; or
(b) To prevent damage to property owned or leased by the department; or
(c) To quell a disturbance on property owned or leased by the department; or
(d) To overcome physical resistance to application of handcuffs or authorized restraining devices; or
(e) through (f) No change.
(2) No change.
(3) Whenever force is used, the highest ranking official involved or the most senior highest ranking official shall inform the circuit administrator immediately. Whenever force is used, except as provided in paragraph (4)(e), a detailed written report of force used shall be prepared, dated, and signed by the initial employee using force. This report shall be completed within one working day (Monday through Friday) of the incident.
(4) through (7) No change.
(8) The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.
(a) DC3-210, Community Corrections Report of Force Used, effective________.
(b) DC3-225, Community Corrections Incident Report, effective________.
Rulemaking Specific Authority 944.09 FS. Law Implemented 944.35 FS. History–New 5-28-86, Amended 8-6-90, 2-15-98, Formerly 33-24.017, Amended 10-2-01, 2-19-03, 8-13-03, 12-6-04,________.