Use of Force, Restraint of Pregnant Inmates, Escort Chair  

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    DEPARTMENT OF CORRECTIONS

    RULE NOS.:RULE TITLES:

    33-602.210Use of Force

    33-602.211Restraint of Pregnant Inmates

    33-602.212Escort Chair

    NOTICE OF CORRECTION

    Notice is hereby given that the following correction has been made to the proposed rule in Vol. 43 No. 63, March 31, 2017 issue of the Florida Administrative Register.

    The language should have been as follows:

    PURPOSE AND EFFECT: The purpose and effect of the amendment is to make Rule 33-602.210, F.A.C 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 update forms. The purpose and effect of amending Rules 33-602.211 and 33-602.212, F.A.C. is to make those minor changes that are necessitated by the changes to Rule 33-602.210, F.A.C

    SUMMARY: Rulemaking was initiated for Rule 33-602.210, F.A.C. 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 update 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; and to align the justifications for use of force better with applicable statutory provisions.  Rules 33-602.211 and 33-602.212, F.A.C. are being amended to update references to a form that is incorporated in Rule 33-602.210, F.A.C.  

     

    33-602.210 Use of Force

    Rulemaking Authority 944.09 FS. Law Implemented 776.012, 776.06, 776.07, 843.04, 944.35, 957.05 FS.

     

    33-602.211 Restraint of Pregnant Inmates

    Rulemaking Authority 944.09, F.S. Law Implemented 944.241

     

    33-602.212 Escort Chair

    Rulemaking Authority 944.09, F.S. Law Implemented 944.35 FS.