Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-601.210: Custody Classification
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to remove obsolete forms and to reflect the change of Immigration and Naturalization Services to Immigration and Customs Enforcement.
SUMMARY: The rule is amended to remove obsolete forms, DC4-803, Approval for Community Release and Furlough, and DC40, Community Release Recommendation, which are no longer in use and replace with DC6-127, Checklist for Transfers to Work Release Centers. The Rule is also amended to reflect the change of Immigration and Naturalization Services to Immigration and Customs Enforcement.
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, 958.11 FS.
LAW IMPLEMENTED: 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 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: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.210 Custody Classification.

(1) No change.

(2) Custody Grade Classification.

(a) through (i) No change.

(j) Any inmate who has been designated as an alien by the department, who has been in the custody of the department less than six months, and:

1. For whom no decision has been made by the Immigration and Customs Enforcement Naturalization Service regarding deportation,

2. through 3. No change.

(k) through (l) No change.

(3) No change.

(4) Progress Assessments.

(a) through (e) No change.

(f) In preparing assessments, care should be taken that all pertinent facts are included to insure that all up-to-date information concerning changes in an inmate’s activity are documented. Additionally, any new recommendations of the committee in regard to inmate goals should be carefully documented and supporting facts included. If at the time of the review the inmate is being recommended for work release, the Form DC6-127, Checklist for Transfers to Work Release Centers DC4-803, Approval for Community Release and Furlough, or Form DC40, Community Release Recommendation will suffice for the assessment. Form DC6-127 is incorporated by reference in Rule 33-601.602, F.A.C.

(g) through (m) No change.

(5) Forms and Attachments. Form DC4-869, Custody Questionnaire, is incorporated by reference in this rule. A copy of this form may be obtained by writing the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. Requests for forms to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is May 13, 1996.

Specific Authority 944.09, 958.11 FS. Law Implemented 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 FS. History–New 12-7-81, Formerly 33-6.09, Amended 6-8-82, 10-26-83, 6-8-86, 7-8-86, 10-27-88, 1-1-89, 7-4-89, 10-12-89, 1-2-91, Formerly 33-6.009, Amended 7-21-91, 8-30-92, 5-13-96, 6-12-96, 11-19-96, 10-15-97, Formerly 33-6.0045, Amended 9-19-00, 2-25-07, __________.


NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008