The purpose and effect of the proposed rule is to remove the requirement that inmates each receive a copy of Rules 33-601.301-.314, F.A.C. regarding inmate discipline, and to clarify how inmates will have access to Rules 33-601.301-.314, F.A.C., ...

 

DEPARTMENT OF CORRECTIONS

RULE NOS.:RULE TITLES:

33-601.100Inmate Orientation

33-601.301Inmate Discipline - General Policy

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to remove the requirement that inmates each receive a copy of Rules 33-601.301-.314, F.A.C., regarding inmate discipline, and to clarify how inmates will have access to Rules 33-601.301-.314, F.A.C., upon their initial arrival in the Department of Corrections and during their incarceration.

SUBJECT AREA TO BE ADDRESSED: Inmate access to inmate disciplinary rules.

RULEMAKING AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 20.315, 944.09, 945.04 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-601.100 Inmate Orientation.

(1) Upon initial arrival in the Department of Corrections, each inmate shall be provided with orientation at which time the rules and procedures of the Department of Corrections shall be explained. Upon transfer within the Department, each inmate shall be provided with orientation that is specific to the local institution. The warden shall review and approve the contents of the orientation to ensure that the security of the institution is not compromised. The reception centers shall provide a more in-depth orientation of overall department rules, including a general overview of Rules 33-601.301-.314, F.A.C., Inmate Discipline, while the receiving institutions which serve as the inmates’ permanent locations shall emphasize the local operating procedures in their orientation. As inmates are received into the department, reception centers shall provide each inmate with a printed copy of Rules 33-601.301-.314, F.A.C., Inmate Discipline. Translations or translation assistance shall be provided as needed. Copies of the rules and procedures shall be available to inmates upon request to read or review (not for retention). Inmates will be informed how to access the rules and procedures, and that translations or translation assistance will be provided as needed.

(2) No change.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-19-03, Amended 9-6-04, 10-19-05,_________.

 

33-601.301 Inmate Discipline – General Policy.

(1) through (4) No change.

(5) Every inmate shall have access to Rules 33-601.301-.314, F.A.C. Inmates in open population shall have access to these rules from the inmate library, law library, or any other area accessible to inmates as deemed appropriate by the warden. Inmates in open population at institutions or facilities without libraries shall have access to these rules from the classification office, the security shift supervisor’s office, or any other area accessible to inmates as deemed appropriate by the warden. Inmates who are not in open population shall have access to these rules through their housing officer in the confinement unit. Every inmate received by the department will be given a printed copy of Rules 33-601.301-.314, F.A.C. Copies of this rule chapter shall also be available in the institution library. Inmates shall be notified of any change to these rules by posting and circulation. These rules shall be translated into any language native to 5 percent or more of the statewide inmate population. These translations shall be made available to inmates. When At the time of reception processing, when a literacy or language problem prevents an inmate from understanding the rules, a staff member or translator shall assist the inmate in understanding the rules. At the time of reception processing, when a literacy or language problem prevents an inmate from understanding the rules of this chapter, a staff member or translator shall assist the inmate in understanding the rules.

(6) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 3-12-84, Formerly 33-22.01, Amended 12-30-86, 10-1-95, Formerly 33-22.001, Amended__________.