The purpose and effect is to amend Rule 33-602.101 to add language requiring the wearing of the Class A uniform by inmates during dormitory inspections by the warden or duty warden and during official visits and/or tours.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-602.101Care of Inmates

PURPOSE AND EFFECT: The purpose and effect is to amend Rule 33-602.101 to add language requiring the wearing of the Class A uniform by inmates during dormitory inspections by the warden or duty warden and during official visits and/or tours.

SUMMARY: The proposed rule adds language requiring the wearing of the Class A uniform by inmates during dormitory inspections by the warden or duty warden and during official visits and/or tours. Currently, although these situations appear to be covered under sub-subparagraph 33-602.101(2)(b)1.i, F.A.C., they are not specifically referenced which has left the application of the rule in these circumstances at the discretion of the institutions. The rulemaking regarding Rule 33-602.101, F.A.C. will clarify the rule and will allow for conformity in its application rather than institutional discretion.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to the rule, the Department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS. Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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, 945.215 FS.

LAW IMPLEMENTED: 944.09 FS, 945.215 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gregory Hill, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.101 Care of Inmates.

(1) No change..

(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with Department rules, procedures, and institution policy.

(a) No change.

(b) General Clothing Regulations: The following general clothing regulations will not supersede the clothing or uniform requirements or allowances for inmates in Maximum Management, Close Management, Disciplinary Confinement, Administrative Confinement, Work Release or Community Release inmates contained in other rules. Work release inmates shall wear civilian clothing as required by Rule 33-601.602, F.A.C.

1. The Class A uniform for males and females shall be worn as follows:

a. through g. No change.

h. For visitation, and

i. During dormitory inspections by the warden or duty warden,

j. During official visits and/or tours, and

k.i. At any other time when a class B or C uniform or other clothing is not specifically allowed by this or other rule.

2. through 10. No change.

(c) through (k) No change.

(3) through (13) No change.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.09, 945.215 FS. History–New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07, 5-13-08, 6-22-10, 5-24-11, 2-6-12, 5-27-12, 3-3-13, 10-14-13, 12-12-13, 10-28-14, 8-17-16,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard D. Comerford, Director of Institutional Operations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie L. Jones, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/12/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/03/2017