33-601.717: Visiting Denial
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide that permission to visit shall be denied where an individuals criminal record demonstrates the a release from incarceration for a felony conviction within the last two years, a release from incarceration for felony conviction within the last five years if the individual was incarcerated in the facility in which visitation is requested, or a release from incarceration for a misdemeanor conviction within the last one year.
SUBJECT AREA TO BE ADDRESSED: Visitation.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sherry Toothman, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-601.717 Visiting Denial.
(1) through (4) No change.
(5) Any person shall be denied permission to visit based upon the following criteria:
(a) through (b) No change.
(c) The nature and extent of the individuals criminal record, consideration of which includes:
1. Release from incarceration in any jurisdiction for a felony conviction within the last two years if the prospective visitor was not incarcerated at any time in the facility in which visitation is requested. Felony convictions for drug offenses within the last 5 years, convictions for violent felony offenses within the last 3 years convictions for non-violent offenses within the last 2 years, withholds of adjudication, adjudications of delinquency, active warrant, and criminal history dispositions in any jurisdiction.
2. Release from incarceration for a felony conviction within the last five years if the prospective visitor was incarcerated at any time in the facility in which visitation is requested. If an inmate transfer results in visitation in a facility in which an approved visitor was previously incarcerated and released within the last five years, the warden shall, on a case by case basis, determine if the approved visitor shall be allowed to visit, if the visitor was released from incarceration within the last five years. Factors to be considered shall include, but are not limited to, the visitors adjustment during incarceration, the relationship of the inmate to the visitor, institutional security, and public safety.
3. Release from incarceration in any jurisdiction for a misdemeanor conviction within the last one year;
4. Termination from community supervision in any jurisdiction within the past one year.
5. If the disposition of an arrest is not reflected, the disposition shall be ascertained prior to approval of the application. If additional documentation of the charge is necessary, the prospective visitor shall be responsible for providing official documentation of the disposition or circumstances of the offense in question.;
2. Community supervision and prior incarceration in any jurisdiction.
(d) through (l) No change.
(6) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. HistoryNew 11-18-01, Formerly 33-601.706, 33-601.707, Amended 5-27-02, 9-29-03, 6-15-06,_______.
