33-601.7115: Consulate Visitors
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide institutions and consulate visitors with the conditions under which foreign national inmates and consulates may visit.
SUMMARY: The proposed rule allows foreign national inmates the ability to meet with the consulate representing their country privately, and to have an attorney accompany the consulate officer. The proposed rule requires that the consulate provide the identification sufficient to authenticate that he or she is a consulate of the inmates country before a private meeting is allowed and to allow the consulate and inmate to exchange documents only after a cursory inspection by the officer in charge. The proposed rule also requires that institutions provide an adequate area for consulate officers to visit their inmate citizens in order to ensure the privacy of such visits and includes recommended visiting schedules.
SUMMARY OF STATEMENT 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: 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: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.7115 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 foreign national 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________.
