Notice of Change/Withdrawal

33-601.217: Elderly Offender Housing
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 35, September 3, 2010 issue of the Florida Administrative Weekly.

33-601.217 Elderly Offender Housing.

(1) No change.

(2) Placement criteria. The department does not house inmates solely based on age. Elderly inmates are housed consistent with their custody level and medical status. However, certain facilities may be designated to house or to care for elderly inmates. Inmates shall be recommended for placement at a geriatric facility or dorm through routine classification assignment.

(a) Inmates shall meet the following criteria for placement in housing at a geriatric facility or dorm:

1. No change.

2. Medium, minimum, or community custody;

2.3. Have not received any violent three or more major disciplinary reports within the last three years six months;

3.4. Are not otherwise deemed to be a security or disciplinary risk for placement; and

4. Are compatible with the facility’s mission and profile.

5. Medical profile that will allow the inmate to perform meaningful work activities.

(b) An inmate shall not be eligible for housing at a geriatric facility or dorm if he:

1. Is close or maximum custody;

2. Has a current or prior conviction for any sex offense;

3. Has a current or prior conviction for first degree murder;

4. Has an escape history or escape arrest with unknown disposition;

5. Has a violent felony or INS detainer;

6. Has an ex-death sentence;

7. Has a life sentence without parole eligibility;

8. Has been released from close management status within the last six months; or

9. Has a special medical need that cannot be accommodated in the work camp setting.

Rulemaking Specific Authority 944.09, 944.804 FS. Law Implemented 944.09, 944.804 FS. History–New 9-15-02, Amended 4-1-04,__________.