The purpose and effect of the proposed rulemaking is to prevent inadvertent mistakes from resulting in a denial of visiting privileges and to clarify the duty of the warden and authority of the Secretary over approval and denial of visiting ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.717: Visiting Denial

PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to prevent inadvertent mistakes from resulting in a denial of visiting privileges and to clarify the duty of the warden and authority of the Secretary over approval and denial of visiting privileges.

SUBJECT AREA TO BE ADDRESSED: Visiting.

RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.717 Visiting – Denial.

(1) through (5)(b) No change.

(c)1. through 3. No change.

4. Current community supervision status or tTermination from community supervision in any jurisdiction within the past one year.

5. No change.

(d) through (e) No change.

(f) Either the inmate or prospective visitor gave false or misleading information to obtain visiting privileges within the past six months, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertant or good faith mistake, omission, or clerical error.; Ddiscovery of falsification of visitor information after the visitor has been approved for visitation shall result in the visitor being considered for suspension of visiting privileges pursuant to Rule paragraph 33-601.731(9)(c), F.A.C.

(g) through (l) No change.

(6) No change.

(7) It is the warden’s duty to supervise and enforce the rules relating to the approval or denial of visiting privileges.

(8) The Secretary or designee, who for purposes of this rule shall be the Assistant Secretary of Institutions, has the authority to review and modify the approval or denial of visiting privileges where it has been determined to further the inmate’s rehabilitation, to ensure consistency with the department’s rules, to enhance public safety, or to ensure the security of an institution.

Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 6-15-06, 1-7-07,________.