The purpose and effect of the proposed rule is to incorporate Form DC3-210, Community Corrections Report of Force Used, and Form DC3-225, Community Corrections Incident Report.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-302.105: Probation and Parole - Use of Force
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to incorporate Form DC3-210, Community Corrections Report of Force Used, and Form DC3-225, Community Corrections Incident Report.
SUMMARY: The proposed rule incorporates by reference Form DC3-210, Community Corrections Report of Force Used, and Form DC3-225, Community Corrections Incident Report.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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: 944.35 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-302.105 Probation and Parole – Use of Force.

(1) Physical force shall not be used on offenders under supervision in the performance of duty unless required:

(a) In self-defense or the protection of others; or

(b) To prevent damage to property owned or leased by the department; or

(c) To quell a disturbance on property owned or leased by the department; or

(d) To overcome physical resistance to application of handcuffs or authorized restraining devices; or

(e) through (f) No change.

(2) No change.

(3) Whenever force is used, the highest ranking official involved or the most senior highest ranking official shall inform the circuit administrator immediately. Whenever force is used, except as provided in paragraph (4)(e), a detailed written report of force used shall be prepared, dated, and signed by the initial employee using force. This report shall be completed within one working day (Monday through Friday) of the incident.

(4) through (7) No change.

(8) The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.

(a) DC3-210, Community Corrections Report of Force Used, effective ________.

(b) DC3-225, Community Corrections Incident Report, effective________.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.35 FS. History–New 5-28-86, Amended 8-6-90, 2-15-98, Formerly 33-24.017, Amended 10-2-01, 2-19-03, 8-13-03, 12-6-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Shari Britton, Bureau Chief – Probation and Parole Field Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 9, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010