33-601.800: Close Management
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update the definition of “major rule violation” and to clarify the procedure for release of certain inmates from close management status.
SUMMARY: The proposed rule updates the definition of “major rule violation” to include possession and trafficking of cell phones, unauthorized drugs, and other contraband that poses a threat to the safety and security of an institution. The proposed rule also eliminates the requirement that inmates who have committed assault or battery on staff obtain approval from the Secretary or other high level official prior to being released from close management status.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
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.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.800 Close Management.
(a) through (l) No change.
(m) Major Rule Violation – any assault, battery or attempted assault or battery; any intentional lewd or lascivious exhibition in the presence of staff or visitors; any spoken or written threat towards any person; inciting, attempting to incite or participating in any riot, strike, mutinous act or disturbance; fighting; possession or trafficking of weapons, ammunition, explosives, cell phones, unauthorized drugs,
or escape paraphernalia, or any other item that presents a threat to the safe and secure operation of the institution; and any escape or escape attempt.
(n) through (r) No change.
(2) Levels of Close Management.
(a) Close Management I (CMI).
1. No change.
2. An inmate assigned to CMI will be ineligible for a work assignment. An inmate may be placed in CMI without having previously been in CMII or III. Any of the following factors constitutes a basis for placement of an inmate in CMI status:
a. through b. No change.
c. Any physical assault on staff causing injury or that could have caused injury;
shall result in a mandatory referral for review for placement in CMI status. If convicted, regardless of whether adjudication is withheld, of any assault or battery that constitutes a felony, the CM release provisions specified in paragraph (16)(g) shall be effective.
d. through (15) No change.
(16) Review of Close Management.
(a) through (f) No change.
(g) Before an inmate is released from CM, written authorization must be obtained by the SCO from the Secretary, Deputy Secretary, Assistant Secretary of Institutions, or Deputy Assistant Secretary of Institutions, if any of the following apply; 1. The inmate has been convicted, regardless of whether adjudication is withheld, of any assault or battery, or any attempted assault or battery, that constitutes a felony on a staff member; 2. The inmate has an active detainer as a result of any assault or battery, or any attempted assault or battery, that constitutes a felony on a staff member; or 3. The inmate is confined under the Interstate Corrections Compact and has been convicted, regardless of whether adjudication is withheld, of any assault or battery, or any attempted assault or battery, that constitutes a felony on a staff member in the state from which he transferred.
(17) through (19) No change.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 2-1-01, Amended 12-16-01, 4-8-04, 3-10-05, 4-9-06, 8-23-07, 4-27-08, 6-28-10, 3-9-11,________.
Editorial Note: Formerly 33-601.801-.813, substantially amended February 1, 2001.