The purpose and effect of this rulemaking is to designate the Deputy Assistant Secretary of Institutions as the individual who approves the temporary transfer of custody of inmates.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.601: Temporary Release of Inmates for Specific Purposes
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to designate the Deputy Assistant Secretary of Institutions as the individual who approves the temporary transfer of custody of inmates.
SUMMARY: The proposed change is needed to change the individual who approves the temporary transfer of custody of inmates.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
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. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.
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: 20.315, 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 FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.601 Temporary Release of Inmates for Specific Purposes

(1) – (5) No change.

(6) The regional director will review the automated inmate record and the documentation provided by the warden to determine the inmate’s suitability for the temporary transfer of custody. An inmate under sentence of death, housed in a Correctional Mental Health Institution pursuant to court order of commitment, or in close management will not be eligible to attend a funeral or deathbed visit. If the following conditions exist, an inmate will not be eligible to attend a funeral or deathbed visit unless it is recommended the condition be waived by the regional director in writing and approved by the Deputy Assistant Secretary of Institutions Deputy Assistant Secretary for Programs or designee. Decisions will be made on a case by case basis.

(a) – (d) No change.

(7) – (14) No change.

Specific Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 10-8-76, Formerly 33-7.03, Amended 4-25-86, 2-12-97, 11-16-97, Formerly 33-7.003, Amended 5-26-05,                    .

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Deputy Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12-7-12
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12-13-12