33-601.305: Inmate Discipline - Investigations
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to clarify form references and to indicate the procedure to be followed during an investigation in which an inmate requests a large group of inmates as witnesses, such as an entire dorm.
SUMMARY: The proposed rule clarifies form references and indicates the procedure to be followed during an investigation in which an inmate requests a large group of inmates as witnesses, such as an entire dorm.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. 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.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 945.04 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.305 Inmate Discipline Investigations.
The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following:
(1) No change.
(2) Interviewing the charged inmate. When interviewing the charged inmate the investigator is responsible for the following:
(a) through (e) No change.
(f) Completing and obtaining the inmates signature on Form DC6-112B, the Witness Disposition, Form DC6-112B, and Form DC6-151, the Documentary or Physical Evidence Disposition, Form DC6-151. Form DC6-112B and Form DC6-151 are incorporated by reference in Rule 33-601.313, F.A.C.
(g) No change.
(3) Interviewing additional persons who may have information pertaining to the infraction, including those who are listed in the statement of facts. If the inmate requests a large group of inmates as witnesses (e.g. an entire dorm), the investigating officer will interview a random sample of the requested witnesses and document such on the comments section of Form DC6-112B, Witness Disposition.
(4) No change.
(5) Recording the results of the investigation on Form DC6-112A, the Disciplinary Investigative Report, Form DC6-112A. Form DC6-112A is incorporated by reference in Rule 33-601.313, F.A.C.
Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. HistoryNew 10-1-95, Formerly 33-22.0055, Amended 5-21-00, 2-11-01, 3-22-05, 7-10-06,________.