33-601.731: Revocation or Suspension of Visiting Privileges
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to elaborate on the types of electronic communication and recording devices that subject an inmate or a visitor to suspension or revocation of visiting privileges.
SUMMARY: The proposed amendment to Rule 33-601.731 would place the components and accessories of electronic communication devices on the list of contraband subjecting inmates and visitors to revocation or suspension of visiting privileges. The amendment would add recording devices to the list of contraband requiring an automatic suspension of inmates’ visiting privileges.
SUMMARY OF STATEMENT 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, 944.23 FS.
LAW IMPLEMENTED: 944.09, 944.23, 944.47, 944.8031 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE 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, ________.