The purpose and effect of the proposed rule is to clarify when an inmate awaiting a disciplinary hearing may be transferred. Where circumstances dictate, an inmate may be immediately transferred before disciplinary hearings are held.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.311: Inmate Discipline - Miscellaneous Provisions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify when an inmate awaiting a disciplinary hearing may be transferred. Where circumstances dictate, an inmate may be immediately transferred before disciplinary hearings are held.
SUBJECT AREA TO BE ADDRESSED: Inmate Discipline.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.719, 945.04 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 South Calhoun Street, Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.311 Inmate Discipline – Miscellaneous Provisions.

(1) through (2) No change.

(a) No change.

(b) If it becomes necessary to transfer an inmate who is awaiting disciplinary action, the team hearing should be held prior to the transfer. Exceptions to this shall be made only in extreme circumstances, for example, strikes or disturbances where the situation dictates immediate transfer before the disciplinary hearings can be held. A memorandum explaining the circumstances precluding the scheduling of the hearing shall be sent with the inmate record at the time of the transfer. The sending institution shall complete the heading section, identifying the inmate and charge, and statement of facts, of the disciplinary report. The disciplinary investigation report shall be completed by the sending institution if time permits, and forwarded to the receiving institution. The receiving institution shall complete the inmate notification, the disciplinary investigation report and the designating authority review, if not completed prior to transfer. The Team/Hearing Officer Findings and Action, shall be completed by the receiving institution after the hearing and approved by the warden.

(c) No change.

(3) through (5) No change.

Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 3-12-84, Formerly 33-22.11, Amended 12-30-86, 5-24-90, 10-1-95, Formerly 33-22.011, Amended 5-21-00, 2-11-01, 7-8-03,_________.