The purpose and effect of the proposed rule is to clarify that members of a security threat group may not work in a law library and to remove the requirement that inmate law clerks be presented with a certificate of completion of training by the ...

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-501.301: Law Libraries
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that members of a security threat group may not work in a law library and to remove the requirement that inmate law clerks be presented with a certificate of completion of training by the department’s Central Office.
SUBJECT AREA TO BE ADDRESSED: Law Libraries.
SPECIFIC AUTHORITY: 944.09, 944.11 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.11 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, IF AVAILABLE, IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-501.301 Law Libraries.

(1) through (6) No change.

(7) Use of Inmates as Clerks in Law Libraries.

(a) No inmate whom the department has identified as a member or suspected member of a security threat group shall be assigned to work in a law library.

(a) through (d) renumbered (b) through (e) No change.

(f) Law clerk training program. Central office library services shall develop a training program to provide inmates who work in law libraries with knowledge of legal research and writing, use of legal research materials to include digital or non-print resources in the law library collection, the law and rules of criminal law and post-conviction remedies, prisoners’ civil rights, and other subject matter identified as necessary for an inmate law clerk to provide meaningful assistance to inmates. Inmates who successfully complete the law clerk training program shall be given a certificate by central office library services documenting successful completion of the program, and a notation shall be recorded in the department’s offender database. Central office library services will document an inmate’s successful completion of the law clerk training program in the department’s offender database. Central office library services shall revoke or suspend certification for commission of acts prohibited by this section or for failure to satisfactorily perform the duties assigned to an inmate law clerk.

(f) through (q) renumbered (g) through (r) No change.

(8) through (11) No change.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 4-6-93, Amended 7-3-94, 11-2-94, 4-28-96, 9-30-96, 12-7-97, Formerly 33-3.0055, Amended 2-15-01, 11-4-01, 12-23-03, 1-7-07, 1-6-09, 6-16-09, 4-19-10,________.