33-601.302: Inmate Discipline - Terminology and Definitions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to clarify the definitions of major violation and minor violation and revise the Disciplinary Team composition to require that the team be made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor who serves as team chair at the direction of the warden.
SUMMARY: Amends the rule to clarify the definitions of major violation and minor violation and revise the Disciplinary Team composition to require that the team be made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor who serves as team chair at the direction of the warden.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.302 Inmate Discipline - Terminology and Definitions.
The following terms, as defined, shall be standard usage throughout the Department:
(1) through (7) No change.
(8) Disciplinary Team A team made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor above, who serves as team chair at the direction of the warden, and a correctional officer lieutenant or above, who will be responsible for hearing disciplinary reports. The correctional officer chief shall designate a correctional officer sergeant as a substitute team member only if neither a lieutenant nor captain is available and only when such substitution is absolutely necessary.
(9) through (10) No change.
(11) Major Violation Any rule violation where the maximum penalty is 30 DC and+ 30 GT or greater, or where the maximum penalty is less than 30 DC and+ 30 GT and the designating authority has determined that based upon one or more of the criteria listed in subsection 33-601.302(12), F.A.C., it is assigned to the disciplinary team as a major disciplinary report.
(12) Minor Violation Any rule violation for which the maximum penalty that could be imposed is less than 30 days disciplinary confinement or+ 30 days loss of gain time shall be considered for assignment to the hearing officer as a minor disciplinary report based on:
(a) through (c) No change.
(13) through (16) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. HistoryNew 3-12-84, Formerly 33-22.02, Amended 12-30-86, 10-1-95, Formerly 33-22.002, Amended 5-21-00, 2-11-01, 9-16-04, 7-25-06,_________.
