The purpose and effect of the proposed rule is to provide that permission to visit shall be denied where an individual’s criminal record demonstrates a release from incarceration for a felony conviction within the last two years, a release from ...

DEPARTMENT OF CORRECTIONS
Departmental

RULE NO: RULE TITLE
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 individual’s criminal record demonstrates 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, a release from incarceration for a misdemeanor conviction within the last one year or termination from community supervision in any jurisdiction within the past one year.
SUMMARY: Amends the rule to provide that permission to visit shall be denied where an individual’s criminal record demonstrates 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, a release from incarceration for a misdemeanor conviction within the last one year or termination from community supervision in any jurisdiction within the past one year.
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, 944.23 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 or Sherry Toothman, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.717 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 individual’s 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 visitor’s 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. History–New 11-18-01, Formerly 33-601.706 and 33-601.707, Amended 5-27-02, 9-29-03, 6-15-06, _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Franchatta Barber, Deputy Assistant Secretary of Institutions - Programs
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 13, 2006