The purpose and effect of the proposed rule is to amend the rule to clarify that an inmate’s visiting privileges may be suspended for up to two-years for possessing or using drugs; correct grammatical errors and revise language for consistency ...

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.731: Revocation or Suspension of Visiting Privileges
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to clarify that an inmate’s visiting privileges may be suspended for up to two-years for possessing or using drugs; correct grammatical errors and revise language for consistency throughout the rule; and correct a reference to another rule.
SUMMARY: Amends the rule to clarify that an inmate’s visiting privileges may be suspended for up to two-years for possessing or using drugs; correct grammatical errors and revise language for consistency throughout the rule; and correct a reference to another rule.
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, 944.23 FS.
LAW IMPLEMENTED: 944.09, 944.23, 944.47, 944.8031 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, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.731 Revocation or Suspension of Visiting Privileges.

(1) No change.

(2) Indefinite suspension of an inmate’s visiting privileges shall be considered by the ICT as a management tool by the ICT is available as a management tool by the ICT when an inmate is found guilty of the following offenses:

(a) through (b) No change.

(3) Suspension of an inmate’s visiting privileges for up to two-years shall be considered shall be considered by the ICT as a management tool by the ICT for the following disciplinary offenses are authorized up to two-years when inmate is found guilty of the following disciplinary offenses:

(a) No change.

(b) Possessing drugs or money.

(c) Possessing or using drugs.

(d)(c) Possessing Possession of any article or instrument that aids in escape or attempted escape.

(4) Suspension of an inmate’s visiting privileges for three months for a first offense, six months for a second offense and two years for a third or subsequent offense, shall be considered by the ICT as a management tool by the ICT for the following disciplinary offenses are limited to three months for a first offense, six months for a second offense and two years for a third or subsequent offense when an inmate is found guilty of possessing possession of any of the following contraband or illegal items:

(a) through (c) No change.

(5) Suspension of an inmate’s visiting privileges for three months shall be considered by the ICT as a management tool when an inmate is rated “unsatisfactory” for the work or program performance rating, including part-time assignment or security assessment. Such three month suspension and shall begin be considered for suspension of visiting privileges for three months beginning with the month the rating was entered and run running consecutively for each unsatisfactory rating.

(6) Refusing to participate or is removed from a mandatory program due to negative behavior. Inmates The inmate shall be suspended from receiving visits for three months beginning with the next visiting period for refusing to participate or being removed from a mandatory program due to negative behavior following the removal or refusal.

(7) No change.

(8) In lieu of suspending an inmate’s visiting privileges, the ICT is shall be authorized to consider placement of an inmate in non-contact visitation status as provided in paragraph 33-601.735(2)(c), F.A.C., for offenses listed in subsections 33-601.731(1) through (6), F.A.C.

(9) Suspension of Visitor’s Visiting Privileges.

(a) A visitor’s visiting privileges shall be revoked by the warden or designee when the visitor:

1. through 3. No change.

4. Commits For repeated visiting rule or procedure infractions.

5. through 6. No change.

(b) Visiting privileges shall be suspended by the warden or designee for up to two years when the visitor:

1. through 3. No change.

4. Commits For criminal activity, serious rule violations or infractions or any security breach.

5. No change.

(c) Visitors found in violation of paragraph 33-601.717(5)(f), F.A.C. – falsifying information to obtain visiting privileges, subsections 33-601.723(3) and (5), F.A.C., falsifying information at visitor registration and falsifying documents of guardianship, subsection 33-601.724(2) 33-601.724(9), F.A.C. – visitor attire, Rule 33-601.726, F.A.C. – visitor searches, or visitor conduct standards as outlined in paragraphs 33-601.727(1)(a) through (h), F.A.C., shall have visiting privileges suspended by the warden or designee supervisor for up to one year.

(10) No change.

Specific Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistance Secretary of Institutions
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 13, 2007