33-601.302: Inmate Discipline - Terminology and Definitions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the forms used to document inmate behavior while in confinement or close management; amend the term designating authority to include classification supervisor in place of employee assigned by the warden; revise the composition of the Disciplinary Team; and amend the definition of Hearing Officer to include additional employees.
SUMMARY: The proposed rule clarifies that the contact card is not to be used to document the behavior of inmates in administrative confinement, disciplinary confinement, or close management. The term Designating Authority is amended to substitute the classification supervisor responsible for the review of disciplinary reports in place of the employee assigned by the warden. The Disciplinary team composition is revised to require that the team be chaired by a senior classification officer or above and specifies that the member of the team from security must be a correctional officer lieutenant or above unless substitution is absolutely necessary. The definition of Hearing Officer is amended to remove the requirement that the employee be of the rank of Lieutenant or higher.
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: 20.315, 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:
33-601.302 Inmate Discipline – Terminology and Definitions.
The following terms, as defined, shall be standard usage throughout the Department:
(1) No change.
(2) Contact Card – refers to Form DC6-256, a written log used to document behavior of an inmate, other than an inmate in administrative confinement, disciplinary confinement or close management. Correctional officers maintain this card in the inmate’s assigned dormitory. Form DC6-256 is incorporated by reference in paragraph 33-601.313(1)(c), F.A.C.
(3) through (4) No change.
(5) Designating Authority – The classification supervisor, responsible for the
employee assigned by the warden who shall review of disciplinary reports prior to hearing to determine if the disciplinary report is in accordance with due process requirements and Rules 33-601.301-601.314, F.A.C., and whether it shall be designated as minor or major as defined by subsections 33-601.302(11) and (12), F.A.C.
(6) through (7) No change.
(8) Disciplinary Team – A team made up of at least two staff persons, one of whom shall be a senior classification officer or above, who serves as team chair, and a correctional officer lieutenant or above, who will be responsible for hearing disciplinary reports. The correctional officer chief shall designate a correctional officer sergeant as a substitute team member only if neither a lieutenant nor captain is available and only when such substitution is absolutely necessary.
(9) Hearing Officer – An employee,
who is of the rank of Lieutenant or higher, who will be responsible for hearing disciplinary reports designated as minor.
(10) through (16) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 3-12-84, Formerly 33-22.02, Amended 12-30-86, 10-01-95, Formerly 33-22.002, Amended 5-21-00, 2-11-01, 9-16-04, ________.