Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
Departmental
RULE NO: RULE TITLE
33-601.820: Maximum Management
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to reflect the Deputy Director of Health Services (Clinical) as a member of the MMRT instead of the Deputy Assistant Secretary of Health Services (Clinical) and modify Form DC6-171 to include information to assist staff in correctly processing the form.
SUMMARY: Amends the rule to reflect the Deputy Director of Health Services (Clinical) as a member of the MMRT instead of the Deputy Assistant Secretary of Health Services (Clinical) and modify Form DC6-171 to include information to assist staff in correctly processing the form.
SUMMARY 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: 944.09 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: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.820 Maximum Management.

(1) Definitions.

(a) No change.

(b) Maximum Management Review Team – refers to the committee in Central Office that has approval authority for placement in maximum management and the modification of conditions and restrictions imposed at the time an inmate is initially placed in maximum management. The Maximum Management Review Team shall consist of the following staff or those acting in that capacity:

1. Deputy Assistant Secretary of Institutions – Operations (Chairperson);

2. Chief, Bureau of Classification and Central Records;

3. Chief, Bureau of Security Operations; and

4. Deputy Director Assistant Secretary of Health Services (Cclinical).

(2) through (4) No change.

(5) Initial Placement Hearing and Decision Process.

(a) No change.

(b) The inmate shall be present for the hearing, unless:

1. through 2. No change.

3. If the inmate did not attend the hearing, the reasons the inmate did not appear at the hearing shall be included in the ICT recommendation entered on Form DC6-171, Report of Maximum Management. Form DC6-171 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida, 32399-2500. The effective date of this form is ________ 4-13-06.

(c) through (m) No change.

(6) through (9) No change.

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 12-7-00, Amended 11-23-03, 4-1-04, 4-13-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Franchatta Barber, Deputy Assistant Secretary of Institutions - Programs
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 28, 2006