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

DEPARTMENT OF CORRECTIONS
Departmental

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