23735044, 33-601.308 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23735044

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

CLASSIFICATION AND CENTRAL RECORDS

Overview

RULE:

33-601.308	Disciplinary Team, Hearing Officer Findings and Action
33-601.314	Rules of Prohibited Conduct and Penalties for Infractions
33-601.735	Non-Contact Visiting
33-601.800	Close Management
33-601.820	Maximum Management
33-601.830	Death Row

PURPOSE:

The proposed rules clarify language, correct errors, revise disciplinary provisions, revise close management privileges and statuses, and establish inmate privileges related to the possession of tablets, the use of kiosks, the use of kiosk services, the use of tablet services, and the use of video visitation.

SUMMARY:

Rulemaking is necessary to clarify rule language, to correct grammar and scrivener’s errors, to make the rules gender neutral, to add definitions, to change how administrative confinement credit is applied, to modify multiple disciplinary sentences to run concurrently unless justification is provided and warrants consecutive penalties, to add kiosk, tablet, and video visitation sanctions, to add provisions related to the review of disciplinary reports for inmates in inpatient mental health units by the Multidisciplinary Services Team, to reduce the use of disciplinary confinement as a sanction for misconduct that does not compromise staff safety or control, to reduce the maximum penalty for a number of non-violent infractions, to create a progressive penalty matrix for use in assessing penalties taking into account the time lapse between the last prior infraction and current infraction to assess the appropriate penalty, to require written justification for penalties imposed beyond the provided matrix, to add kiosk, tablet, and video visitation penalties, to add a definition of non-contact visiting, to allow CMII inmates to have one three-hour non-contact visit under certain circumstances, to allow CMIII inmates to have one four-hour non-contact visit under certain circumstances, to clarify the review process prior to placing inmates in close management (CM), to amend the non-contact visitation privileges of inmates in CMII, to amend the contact visitation privileges of inmates in CMIII, to clarify the telephone privileges of inmates in CM, to establish classification officer visitation requirements for inmates in close management, to establish inmate privileges related to the possession of tablets, the use of kiosks, the use of kiosk services, the use of tablet services, and the use of video visitation while in CM, to update Forms DC6-265 and DC6-233C for clarity and consistency, to establish inmate privileges related to the possession of tablets, the use of kiosks, the use of kiosk services, the use of tablet services, and the use of video visitation while in maximum management, to establish inmate privileges related to the possession of tablets, the use of kiosks, the use of kiosk services, the use of tablet services, and the use of video visitation while on death row.

RULEMAKING AUTHORITY:

944.09, 945.091 FS.

LAW:

20.315, 944.09, 944.115, 944.14, 944.23, 944.279, 944.28, 944.8031, 945.04, 945.091, FS.

PRINT PUBLISH DATE:

10/7/2020 Vol. 46/196

COMMENTS:

From 10/7/2020 To 10/28/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00220 DC6-229, Daily Record of Special Housing
Ref-01965 DC4-729 Behavioral Risk Assessment
Ref-01968 DC6-221 Cell Inspection
Ref-01969 DC6-228 Inspection of Special Housing Record
Ref-01973 NI1-046 Close Management Housing Unit Instructions
Ref-03418 DC6-128 Close Management Referral Assessment
Ref-03419 DC6-209 Housing Unit Log
Ref-07328 DC4-643A Individualized Service Plan

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