Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-503.001: Chaplaincy Services
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to permit Chaplains to have written contact with inmates where the inmate or the Chaplain has transferred to another FDOC institution.
SUMMARY: The proposed rule provides a process whereby a Chaplain may maintain written contact with an inmate after transfer of the inmate or Chaplain.
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, 944.11, 944.803 FS.
LAW IMPLEMENTED: 20.315, 90.505, 944.09, 944.11 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: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-503.001 Chaplaincy Services.

(1) through (5) No change.

(6) The Chaplain shall be authorized to maintain written communication with inmates where the inmate and the Chaplain have been at the same institution, at the same time, and either the inmate or the Chaplain has transferred to another Florida Department of Corrections institution under the following conditions:

(a) The written communication must fall within the scope of clergy professional standards (i.e. provides spiritual direction, advice, counsel, or encouragement).

(b) Consistent with the effective management and order of the institution, the Chaplain maintaining written communication with an inmate at another Florida Department of Corrections institution must inform the Chaplain at the inmate’s current institutional location.

(6) through (12) renumbered (7) through (13) No change.

Specific Authority 944.09, 944.11, 944.803 FS. Law Implemented 20.315, 90.505, 944.09, 944.11 FS. History–New 1-6-82, Formerly 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2007