The purpose and effect of the proposed rule is to provide more specific disciplinary charges for situations previously addressed by more general charges.  


  • RULE NO: RULE TITLE
    33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide more specific disciplinary charges for situations previously addressed by more general charges.
    SUMMARY: The proposed rule provides a specific charge for lewd and lascivious conduct that does not involve physical or sexual contact with the victim, adds creating a disturbance to the charge for participating in or inciting a disturbance, and provides a specific disciplinary charge for failure to repay work release expense money advanced by a contract facility.
    SUMMARY 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 FS.
    LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 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: Jason Hand, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

    The following table shows established maximum penalties for the indicated offenses. As used in the table, "DC" means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.



     

                                                                                                                                                                    Disciplinary

    Maximum

    Disciplinary

    Actions

     

    SECTION 1 ASSAULT, BATTERY, THREATS, AND DISRESPECT

     

    1-1 through 1-5 No change

     

    1-6

    1-6 Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of the victim that does not involve physical or sexual contact with the victim

    60 DC + 90 GT

     

    SECTION 2 RIOTS, STRIKES, MUTINOUS ACTS AND DISTURBANCES

    2-1 Through 2-2 No change

     

    2-3

    Creating, pParticipating in, or inciting a minor disturbance

                      30 DC + 60 GT

     

     

    2-4 No change.

     

    SECTION 3 through SECTION 9 – No change.

     

    SECTION 10 – COMMUNITY RELEASE PROGRAM VIOLATIONS – WORK RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER SERVICE

    10-1 through 10-7 No change.

     

    10-8

    Failure to repay advancement of monies as

    Stipulated in the inmate’s financial plan

    10 DC + 15 DC

     

    SECTION 11 – No change.

     

     

    Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-01-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Franchatta Barber, Deputy Assistant Secretary of Institutions Programs
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura Bedard, Ph.D., Deputy Secretary of Department of Corrections
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/6/2006
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: 4-21-06

Document Information

Comments Open:
5/19/2006
Summary:
The proposed rule provides a specific charge for lewd and lascivious conduct that does not involve physical or sexual contact with the victim, adds creating a disturbance to the charge for participating in or inciting a disturbance, and provides a specific disciplinary charge for failure to repay work release expense money advanced by a contract facility.
Purpose:
The purpose and effect of the proposed rule is to provide more specific disciplinary charges for situations previously addressed by more general charges.
Rulemaking Authority:
944.09 FS.
Law:
20.315, 944.09, 944.14, 944.279, 944.28 FS.
Contact:
Jason Hand, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-601.314. Rules of Prohibited Conduct and Penalties for Infractions