Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-601.820: Maximum Management
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify and simplify the Department’s Rules by amending Rules 33-601.800 and .820, F.A.C., to use form DC6-229 “Daily Record of Special Housing,” to document provision of services to inmates in special housing statuses.
SUBJECT AREA TO BE ADDRESSED: Special housing forms.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 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: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.820 Maximum Management.

(1) through (3) No change.

(4) Conditions of Placement in Maximum Management. Inmates shall be subject to the following conditions upon initial placement in maximum management:

(a) The inmate shall be provided clothing and bedding. If the inmate’s behavior requires, the Shift Supervisor may authorize the removal of clothing or bedding or that the solid door be closed for security reasons either upon initial placement or at any time during maximum management status. The Shift Supervisor shall notify the Warden. If in agreement with the action, the Warden shall notify the Regional Director. If the Regional Director agrees with the action, the Deputy Assistant Secretary of Institutions – Operations will be contacted for final approval no later than the first work day following the Shift Supervisor’s action. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229A, CM Daily Record of Special Housing Segregation. Form DC6-229A is incorporated by reference in Rule 33-601.800, F.A.C. Under no circumstances shall an inmate be left without a means to cover him or herself.

(b) through (g) No change.

(5) Initial Placement Hearing and Decision Process.

(a) through (j) No change.

(k) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229A, CM Daily Record of Special Housing Segregation, is documented with any status or condition changes approved by the Maximum Management Review Team. The Classification Supervisor shall also ensure that the inmate is informed verbally and in writing of the Maximum Management Review Team’s decision. Form DC6-229A is incorporated by reference in Rule 33-601.800, F.A.C.

(l) through (m) No change.

(6) Review of Maximum Management Status and Conditions.

(a) The Institutional Classification Team shall review the inmate’s maximum management status, the conditions set forth in subsection (4) above, and previously modified conditions, weekly for the first sixty days from the date of placement, and at least monthly thereafter.

1. Weekly reviews by the Institutional Classification Team during the first sixty days of maximum management status and monthly thereafter shall be documented on Form DC6-229A, CM Daily Record of Special Housing Segregation.

2. through 3. No change.

(b) through (e) No change.

(f) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229A, CM Daily Record of Special Housing Segregation, is documented with any status or condition changes approved by the Regional Director or Deputy Assistant Secretary of Institutions – Operations.

(g) through (h) No change.

(7) 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, 10-30-06,________.