The purpose and effect of the proposed rule is to provide institutions, inmates, and consulate visitors with conditions under which foreign national inmates and consulates may have phone contact and visits.

 

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.7115: Consulate Visitors

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide institutions, inmates, and consulate visitors with conditions under which foreign national inmates and consulates may have phone contact and visits.

SUBJECT AREA TO BE ADDRESSED: Consulate visitors.

SPECIFIC AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 944.09 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 WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-601.7115 Consulate Visitors.

(1) A consulate officer may visit a foreign national inmate from the country that the consulate represents if the inmate wishes to confer with the consulate officer and the consulate officer presents sufficient identification and evidence of his status as a consulate officer. The inmate must be verified by Immigration and Customs Enforcement as a native of the country represented by the consulate.

(2) Consulate visits should be scheduled between 8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A consulate visit may be scheduled at other times if, in the opinion of the warden or his designee, such scheduling is necessary to avoid disadvantage to the inmate or undue hardship to the consulate officer.

(3) The warden shall provide an adequate area for consulate officers to visit their inmate citizens in order to ensure the privacy of such visits.

(4) Consulate documents will not be exchanged between the consulate officer and the inmate unless the consulate officer notifies the officer in charge that the exchange of consulate documents is necessary and allows a cursory inspection of the consulate documents. The officer in charge is authorized to disapprove any consulate document exchange if such exchange would present a threat to the security and order of the institution or to the safety of any person. If the consulate officer disagrees with the decision of the officer in charge, the duty warden shall be contacted to make the final decision.

(5) An attorney may accompany the consulate officer during a consulate visit pursuant to Rules 33-601.711 Legal Visitors and 33-601.712 Use of Cameras and Tape Records by Attorneys, F.A.C.

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New__________.