Maximum Management

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.820: Maximum Management

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 7, February 20, 2009 issue of the Florida Administrative Weekly.

33-601.820 Maximum Management.

(1) through (2) No change.

(3) Initial Placement in Maximum Management Housing.

(a) through (b) No change.

(c) Within 24 hours after an inmate is placed in maximum management housing, the Warden or Duty Warden shall review the Shift Supervisor’s referral for maximum management and document a decision, based on the criteria set forth in subsection (2), as to whether the inmate’s conduct was severe enough to warrant placement it is necessary to keep the inmate in maximum management housing pending completion of the hearing process in subsection (4). If the Warden or Duty warden determines that it is unnecessary to keep the inmate in maximum management housing pending completion of the hearing process, the inmate shall be placed in administrative confinement and the procedure for placement in close management outlined in Rule 33-601.800, F.A.C., shall be followed if the inmate is not already in close managment. If the inmate was already in close management or death row status, the inmate shall be returned to that status. If the behavior for which the inmate was referred for maximum management inmate’s recent warrants consideration of an upward modification of his close management level, that action shall take place after his return to close management in accordance with Rule 33-601.800, F.A.C. If the Warden or Duty Warden determines that maximum management placement is appropriate, the inmate will immediately be given a written notice including the reason for the placement referral and  informing the inmate that a hearing to review the placement will be held no sooner than 24 hours from the delivery of the notice. The inmate may waive the 24 hour waiting period or his or her appearance at the hearing by signing the 24 Hour/Refusal to Appear Waiver, Form DC6-104. Form DC6-104 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is April 13, 2006.

(d) No change.

(4) through (6) No change.

(7) Periodic Modification of Conditions.

(a) If after the following time frames the Regional Director determines an inmate has displayed satisfactory adjustment to maximum management, taking into account based on the severity of any guilty findings on disciplinary reports created since the inmate’s initial placement on maximum management status, and therefore determines that reinstatement of privileges is appropriate, privileges shall be reinstated as follows:

1. through 3. No change.

(b) If the ICT determines an inmate has displayed unsatisfactory adjustment to maximum management, taking into account the severity of any guilty findings on disciplinary reports created since the inmate has had his privileges reinstated an inmate whose privileges have been resinstated is subsequently found guilty on a disciplinary report, the ICT shall review the reports and make a determination as to whether and to what extent privileges shall be revoked.

(c) No change.

(8) through (9) No change.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 12-7-00, Amended 11-23-03, 4-1-04, 4-13-06, 10-30-06, 4-27-08,___________.