The amended rules update definitions, clarify the factors to consider before suspending visiting privileges, updates Form NI1-102, limits concurrent suspension time for subsequent offenses, and specifies the authority of the regional director.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.713: Inmate Visiting - Definitions
33-601.731: Suspension of Visiting Privileges
33-601.732: Reinstatement of Suspended Visiting Privileges
PURPOSE AND EFFECT: The amended rules update definitions, clarify the factors to consider before suspending visiting privileges, updates Form NI1-102, limits concurrent suspension time for subsequent offenses, and specifies the authority of the regional director.
SUBJECT AREA TO BE ADDRESSED: Inmate Visiting, Suspension of Visiting Privileges, and Reinstatement of Suspended Visiting Privileges.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09, 944.23, 944.8031 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: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.713 Inmate Visiting – Definitions.

(1) through (16) No change.

(17) “Major Rule Violation” for the purpose of Rules 33-601.713 through 33-601.737, F.A.C., refers to any assault, battery, or attempted assault or battery; any intentional lewd or lascivious exhibition in the presence of staff or visitors; any spoken or written threat towards any person; inciting, attempting to incite, or participating in any riot, strike, mutinous act or disturbance; fighting; possession of weapons, ammunition, explosives, or escape paraphernalia; and any escape or escape attempt.

(18) Lewd or Lascivious Exhibition – An inmate commits a lewd or lascivious exhibition when the inmate:

(a) Intentionally masturbates;

(b) Intentionally exposes the genitals without authorization; or

(c) Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a staff member or volunteer.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11,________.

 

33-601.731 Suspension of Visiting Privileges.

(1) Suspension of Inmate Visiting Privileges.

(a) Suspension, including indefinite suspension, of an inmate’s visiting privileges shall be considered by the ICT as a management tool independent of any disciplinary action taken pursuant to Rules 33-601.301 through 33-601.314, F.A.C. The ICT shall consider the following factors when contemplating a suspension of an inmate’s visitation privileges:

1. Allowing for continued visiting privileges would present a threat to the safe and secure operation of the institution, or to the security and operational integrity of visiting area;

2. The severity of the precipitating conduct/offense(s);

3. The inmate’s placement or pending placement into a special status such as close management, administrative confinement, disciplinary confinement, or maximum management would on its own result in the appropriate visitation restriction;

4. The suspension of visiting privileges will be a significant detriment to the inmate’s successful reentry into society by hindering maintenance of community and family ties.

(b) Indefinite Ssuspension of an inmate’s visiting privileges shall be considered by the ICT as a management tool only when an inmate is found guilty of the following offenses:

1. Any major rule violation as defined as Rule 33-601.713, F.A.C. which occurred during visiting, is visiting-related conduct, or is reasonably connected to the visitation process;

2. No change.

3. Possessing any firearms, dangerous weapons, explosives or explosive devices;

4. 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 a staff member, contracted staff member or visitor;

(c) An inmate shall be subject to suspension of visiting privileges by the IOCT as a management tool when the inmate is found guilty of the following disciplinary offenses:

5. Participation in a sexual assault or battery;

6.1. Committing or engaging in sexual misconduct (i.e., nudity, sexual acts with or without others, willful exposure of private body parts, or soliciting sexual acts from others);.

7. Participation in an escape or attempted escape;

8. Possession of escape paraphernalia or any other item that presents a threat to the safe and secure operation of the institution;

9. An incident causing death;

10. Any physical assault on staff causing injury or that could have caused injury;

11. The taking of a hostage(s);

12.2. Possessing or passing money;.

13.3. Possessing or using drugs or refusing to submit to substance abuse testing;.

14.4. Possessing or using intoxicating beverages;.

15.5. Possessing a recording device.

6. Violation of visiting rules.

(c)(d) The ICT shall suspend the visiting privileges of any inmate subject to a pending investigation for escape, attempted escape, or possession of escape paraphernalia until the investigation is complete. If the inmate is found guilty, the ICT shall consider suspension of the inmate’s visiting privileges pursuant to paragraph (1)(b) of this rule. If the inmate is not found guilty, the ICT shall immediately reinstate the inmate’s visiting privileges.

(d)(e) If an inmate is found guilty of an offense listed in paragraph (1)(b)(c), the ICT shall suspend the inmate’s visiting privileges for the length of time specified on Form NI1-102, Visiting Privileges Suspension Matrix, http://www.flrules.org/Gateway/reference.asp?No=Ref-00539 Form NI1-102 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is _________September, 2011. If an inmate’s visiting privileges are suspended pursuant to this rule and the inmate receives a subsequent guilty finding for one of the offenses listed in paragraph (1)(b)(c), the inmate is subject to an increased period of suspension as follows:

1. If the subsequent offense occurs within two years of a guilty finding for the same offense, the inmate’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for subsequent offenses. This period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense, not to exceed a total of one two years from the time of the subsequent offense.

2. If the subsequent offense is different from the previous offense, the inmate’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for an initial violation. However, this period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense, not to exceed a total of one two years from the time of the subsequent offense.

(e) In lieu of suspending an inmate’s visiting privileges, the ICT is authorized to consider placement of an inmate in non-contact visitation status as provided in Rule 33-601.735, F.A.C., for offenses listed in paragraph (1)(b)(c).

(f) The regional director shall consider, as a management tool, visiting suspensions outside the timeframe limits of the Visiting Privileges Suspension Matrix, Form NI1-102, up to and including indefinite suspensions, for those inmates who have demonstrated through continued behavior to be a chronic and recurring management problem or it has been determined that the inmate committed such an egregious act(s) that threatens the safety of others, threatens the security, order or effective management of the institution, or otherwise demonstrates an inability to respect and honor the visiting privileges bestowed upon him/her. The ICT shall submit a detailed recommendation to the regional director outlining the reasons for its recommendation. The recommendation and the regional director’s decision shall be recorded in the department’s electronic inmate database and the inmate will be notified accordingly.

(2) through (4) No change.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 10-4-07, 1-8-09, 10-23-11,________.

 

33-601.732 Reinstatement of Suspended Visiting Privileges.

(1) The warden or designee shall approve or deny requests for reinstatement of an inmate’s suspended visiting privileges except in those cases in which the regional director was the suspending authority. The inmate shall submit a written request for reinstatement to the warden or if applicable, the regional director on Form DC6-236, Inmate Request. Form DC6-236 is incorporated by reference in Rule 33-103.00519, F.A.C.

(a) Reinstatement of indefinitely suspended privileges shall only be considered after two years from imposition.

1. The regional director warden or designee shall review the request, render a final decision and notify the inmate concerned.

2. No change.

(b) Privileges suspended for two years or less shall not be considered for reinstatement by the regional director for a period of one year. Should the inmate be denied, the inmate may not make another request for six months from the last decision requesting reinstatement.

(c) Privileges suspended for one year or less shall not be considered for reinstatement by the warden or designee until at least six months from the date of suspension. Should the inmate be denied reinstatement, the inmate may not make another request.

(d) The regional director, warden or designee shall consider the following factors in considering whether an inmate’s visitation privileges shall be reinstated:

1. through 3. No change.

(2) No change.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 2-13-12,________.