Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-601.217: Elderly Offender Housing
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to remove reference to the Correctional Privatization Commission, as the commission no longer exists.
SUBJECT AREA TO BE ADDRESSED: Elderly offender housing.
SPECIFIC AUTHORITY: 944.09, 944.804 FS.
LAW IMPLEMENTED: 944.09, 944.804 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: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.217 Elderly Offender Housing.

(1) Definitions.

(a) Institutional Classification Team (ICT) – refers to the team consisting of the warden or assistant warden, classification supervisor, a correctional officer chief, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing and inmate status decisions at a facility and for making other recommendations to the State Classification Office (SCO).

(b) State Classification Office (SCO) – refers to a staff member at the central office level who is responsible for the review of inmate classification decisions. Duties include approving or rejecting ICT recommendations.

(c) Elderly Offender – an inmate age 50 or older in a state correctional institution or facility operated by the Department of Corrections or a private facility operated by the Department of Management Services or the Correctional Privatization Commission.

(d) River Junction Work Camp – a geriatric facility designated by Section 944.804, F.S., for generally healthy elderly offenders who can perform general work appropriate for their physical and mental condition.

(e) Inmate Support Group – a group of inmates under the age of 50 who are needed to supplement the elderly inmate work assignments.

(2) Placement criteria. Inmates shall be recommended for placement at River Junction Work Camp through routine classification assignment.

(a) Inmates shall meet the following criteria for housing at RJCI:

1. Age 50 or older (other than inmate support group inmates);

2. Medium, minimum, or community custody;

3. Have not received three or more major disciplinary reports within the last six months;

4. Are not otherwise deemed to be a security risk for placement; and

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

(b) An inmate The following inmates shall not be eligible for housing at RJCI if he:

1. Is close Close or maximum custody;

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

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

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

5. Has Have a violent felony or INS detainer;

6. Has Have an ex-death sentence;

7. Has Have a life sentence without parole eligibility;

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

9. Has Have a special medical need that which 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,__________.