The purpose and effect is to update titles, clarify that custody assignments at private correctional facilities will require approval of the Department, and strike language pertaining to the use of post-sentence investigations at the time of first ...

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.210: Custody Classification
PURPOSE AND EFFECT: The purpose and effect is to update titles, clarify that custody assignments at private correctional facilities will require approval of the Department, and strike language pertaining to the use of post-sentence investigations at the time of first assessment and review.
SUMMARY: The rule updates titles, clarifies that custody assignments at private correctional facilities will require approval of the Department, and strikes language pertaining to the use of post-sentence investigations at the time of first assessment and review.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.
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.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.210 Custody Classification.

(1) through (2) No change.

(a) through (d) No change.

(e) All custody assignments will require the approval of the Institutional Classification Team. At private correctional facilities, all custody assignments will require the approval of the Department of Corrections Representative.

(f) through (l) No change.

(3) through (4) No change.

(a) through (i) No change.

(j) At the time of the first assessment and review, should the inmate record not contain either a pre-sentence or post sentence investigation, the classification officer is responsible for requesting such document(s) from the Probation and Parole Services Office in the region from which the inmate was committed. Care should be exercised to be sure that at least sixty (60) days have lapsed since the post sentence investigation was originally requested prior to making this follow-up.

(k) through (l) No change.

(m) The department may in selected cases recommend to the Florida Parole Commission that an inmate be placed on parole at an earlier date than scheduled. Note should be made of an inmate’s presumptive parole release date (PPRD) when considering such possibilities. If it is felt that such significant progress has taken place since the setting of the PPRD that it should be moved forward to an earlier date, then such recommendations should be made to the Parole Commission in an assessment and review setting forth the basis for recommending a change in the PPRD. All assessments and reviews containing parole recommendations will be reviewed and approved or disapproved by the Institutional Classification Team and forwarded to the State Classification Office for approval or disapproval. The assessment and review shall then be submitted to the Chief of the Bureau of Classification Management and Central Records who, on behalf of the Secretary, shall make a recommendation to the Parole Commission. A copy of the report shall be forwarded to the Parole Commission.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 FS. History–New 12-7-81, Formerly 33-6.09, Amended 6-8-82, 10-26-83, 6-8-86, 7-8-86, 10-27-88, 1-1-89, 7-4-89, 10-12-89, 1-2-91, Formerly 33-6.009, Amended 7-21-91, 8-30-92, 5-13-96, 6-12-96, 11-19-96, 10-15-97, Formerly 33-6.0045, Amended 9-19-00, 2-25-07, 11-4-08, 7-4-10,___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Director, Office of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 23, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2012