The purpose and effect of the proposed rule is to clarify the eligibility criteria of non-department supervisors.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.202: Use of Inmates in Public Works
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the eligibility criteria of non-department supervisors.
SUMMARY: The proposed rule clarifies the eligibility criteria of non-department supervisors.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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, 946.40(1) FS.
LAW IMPLEMENTED: 944.09, 944.10(7), 946.002, 946.40(1) 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: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.202 Use of Inmates in Public Works.

(1) through (5) No change.

(6) For each person not an employee of the Department of Corrections, who is to supervise inmates under this rule, the assistant warden or designee shall conduct a National Crime Information Center/Florida Crime Information Center (NCIC/FCIC) system criminal history background check.

(6)(7) Non-department supervisors.

(a) Individuals Persons other than Department of Corrections employees may supervise minimum and community custody inmates under this rule only upon the approval of the warden or his designee. In making this determination, the warden or designee shall consider the following:

1. The individual’s criminal history as determined by an initial NCIC/FCIC background check;

2. Whether the individual is a relative, friend, or victim of any inmate at the institution;

3. The individual’s ability to understand and communicate in English;

4. Any other factor that may impact the individual’s ability to safely and effectively supervise inmates participating in a public works program.

(b) Upon approval by the warden or designee, a non-department supervisor shall be required to complete a 32-hour orientation and training course before being assigned to supervise inmates.

(c) Non-department supervisors shall be required to submit annually to an NCIC/FCIC background check, upon which the warden or designee shall reevaluate the individual’s eligibility to supervise based on the criteria set forth in paragraph (a) of this subsection.

(d) Upon re-approval by the warden subsequent to the annual background check and evaluation, a non-department supervisor shall be required to complete an annual refresher training course.

(e) The warden may suspend or revoke a non-department supervisor’s authorization to supervise when an incident occurs or when the warden receives information indicating that the individual is unable or unwilling to safely and effectively supervise inmates participating in a public works program.

(7)(8) All inmates will be expected to carry out instructions as given by the non-Department of Corrections employee.

(8)(9) The Department of Corrections is authorized to enter into agreements with any political subdivision to utilize medium and close custody inmates:

(a) through (b) No change.

Rulemaking Specific Authority 944.09, 946.40(1) FS. Law Implemented 944.09, 944.10(7), 946.002, 946.40(1) FS. History–New 6-20-84, Formerly 33-3.17, Amended 2-26-86, 10-31-86, 1-29-98, 8-13-98, Formerly 33-3.017, Amended 2-7-02, 12-28-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John Hancock, Assistant Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 11, 2009