33-601.311. Inmate Discipline - Miscellaneous Provisions

(1) Interstate Compact Cases. Inmates confined in this Department on interstate transfer are to be disciplined in the same fashion as anyone sentenced within the State of Florida. Following the review process, a copy of all disciplinary reports on interstate corrections compact cases (institutions) shall be forwarded to the interstate corrections compact administrator in the Bureau of Classification and Central Records, who will then forward the disciplinary report to the sending state for information and concurrence.

(2) Transfers.

(a) If, in the course of conducting disciplinary procedures, a job reassignment or transfer is indicated, it shall be handled as classification matters are normally handled at that institution and not as a disciplinary decision.

(b) If it becomes necessary to transfer an inmate who is awaiting disciplinary action, the team hearing should be held prior to the transfer. Exceptions to this shall be made in circumstances where the situation dictates immediate transfer before the disciplinary hearings can be held. A memorandum explaining the circumstances precluding the scheduling of the hearing shall be sent with the inmate record at the time of the transfer. The sending institution shall complete the heading section, identifying the inmate and charge, and statement of facts, of the disciplinary report. The disciplinary investigation report shall be completed by the sending institution if time permits, and forwarded to the receiving institution. The receiving institution shall complete the inmate notification, the disciplinary investigation report and the designating authority review, if not completed prior to transfer. The Team/Hearing Officer Findings and Action, shall be completed by the receiving institution after the hearing and approved by the warden.

(c) If it becomes necessary to transfer an inmate who is serving a disciplinary penalty to another institution and the sending institution feels this disciplinary penalty should continue at the receiving institution, the sending institution shall attach a copy of the disciplinary report to the inmate file, and attach a complete cover memorandum requesting that the penalty be continued at the receiving institution.

(3) Should disagreements occur between the facility administrator of a privately operated correctional institution and the classification staff pertaining to disciplinary matters, the regional director of institutions shall be responsible for resolution.

(4) Once an employee has written a disciplinary report and submitted it to the shift supervisor, any rejection, disapproval, dismissal or finding of not guilty shall be communicated to the employee who initiated the report by the official making the decision, along with the reason for the rejection, disapproval, dismissal or finding of not guilty. This feedback is intended to foster overall improvement of the discipline process.

(5) The director of classification and programs is authorized to order a disciplinary report expunged from the inmate record in cases affecting the integrity of the disciplinary process or procedures. No inmate has the right to request the expunging of a disciplinary report in conjunction with this subparagraph.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 3-12-84, Formerly 33-22.11, Amended 12-30-86, 5-24-90, 10-1-95, Formerly 33-22.011, Amended 5-21-00, 2-11-01, 7-8-03, 10-7-12.