18800266, 33-602.210 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18800266

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

SECURITY OPERATIONS

Overview

RULE:

33-602.210	Use of Force
33-602.211	Restraint of Pregnant Inmates
33-602.212	Escort Chair

PURPOSE:

The purpose and effect of the amendment is to make rule 33-602.210 more clearly set forth Department of Correction’s policy, to reorganize it to make it more understandable, to add several definitions to the rule, and to otherwise improve the rule. The purpose and effect of amending rules 33-602.211 and 33-602.212 is to make those minor changes that are necessitated by the changes to 33-602.210.

SUMMARY:

Rulemaking was initiated for 33-602.210 to add the definition of various terms used in this rule; to require the inclusion of certain de-escalation information on the video of an organized use of force involving inmates who are classified as S-2 or higher; to remove several forms that are incorporated in the rule; to require de-escalation efforts be made to prevent an organized use of force on inmates classified as S-2 or higher; to designate an inmate’s refusal to relinquish control of the cell’s food flap as a situation that would give rise to an organized use of force subject to certain requirements; to allow for the use of non-deadly force to reasonably restrain an inmate to permit the administration of necessary mental health treatment; to align the justifications for use of force better with applicable statutory provisions; and to make several other changes suggested by the ACA. Rules 33-602.211 and 33-602.212 are being amended to remove references to a form that is being removed from 33-602.210.

RULEMAKING AUTHORITY:

944.09, 944.241 FS

LAW:

776.012, 776.06, 776.07, 843.04, 944.02, 944.09, 944.241, 944.35, 957.05 FS

PRINT PUBLISH DATE:

3/31/2017 Vol. 43/63

COMMENTS:

From 3/31/2017 To 4/21/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01691 DC2-802 Use of Force Log
Ref-01692 DC4-529 Staff Request-Referral
Ref-01694 DC4-701 Chronological Record of Health Care
Ref-01695 DC4-701C Emergency Room Record
Ref-01696 DC4-708 Diagram of Injury
Ref-01703 DC6-296 Disapproved Use of Force-Warden-Disposition Report
Ref-02950 DC6-216 Chemical Agent Accountability Log
Ref-02951 DC6-280 Special Management Spit Shield Status Request
Ref-02952 DC6-281 Control Room Security Equipment/Weapons Check Out/In Log
Ref-02953 DC6-2068 Escort Chair Inmate Observation Log

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