The purpose and effect of the proposed rule is to correct a typographical error; to allow for the discipline of inmates who commit, attempt to commit, conspire to commit, or solicit another person to commit an unauthorized or illegal financial ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-601.314Rules of Prohibited Conduct and Penalties for Infractions

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to correct a typographical error; to allow for the discipline of inmates who commit, attempt to commit, conspire to commit, or solicit another person to commit an unauthorized or illegal financial transaction; to allow for the discipline of inmates who possess any items or materials that can be used to facilitate an unauthorized or illegal financial transaction; and to allow for the discipline of inmates who tamper with, damage, lose, or destroy any electronic monitoring equipment.

SUBJECT AREA TO BE ADDRESSED: Prohibited conduct and penalties for infractions.

RULEMAKING AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 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 REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.

			Maximum Disciplinary Actions
SECTION 1 through SECTION 8 – No change.
SECTION 9 – MISCELLANEOUS INFRACTIONS
9-1		Obscene or profane act, gesture, or statement – oral, written, or signified			30 DC + 90 GT
9-2		Bribery or attempted bribery			30 DC + 90 GT
9-3		Breaking and entering or attempted breaking			30 DC + 90 GT
9-4		Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct			30 DC + 90 GT
9-5		Theft of property under $50.00 in value			30 DC + 60 GT
9-6		Bartering with others			15 DC + 30 GT
9-7		Sex acts or unauthorized physical contact involving inmates			30 DC + 90 GT
9-9		Tattooing, being tattooed, branding or body art to include body piercing			30 DC + 60 GT
9-10		Lying to staff member or others in official capacity, or falsifying records			60 DC + All GT
9-11		Feigning illness or malingering as determined by a physician or medical authority			10 DC + 15 GT
9-12		Gambling or possession of gambling paraphernalia			10 DC + 15 GT
9-13		Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task			10 DC + 15 GT
9-14		Mail regulation violations			30 DC + 30 GT
9-15		Visiting regulation violations			30 DC + 30 GT
9-16		Refusing to work or participate in mandatory programs			60 DC + 90 GT
9-17		Disorderly conduct			30 DC + 60 GT
9-18		Unauthorized physical contact involving non-inmates			60 DC + 90 GT
9-19		Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer			60 DC + All GT
9-20		Extortion or attempted extortion			60 DC + 60 GT
9-21		Fraud or attempted fraud			30 DC + 90 GT
9-22		Robbery or attempted robbery			60 DC + All GT
9-23		Theft of property exceeding $50 in value			60 DC + All GT
9-24		Loaning or borrowing money or other valuables			15 DC + 30 GT
9-25		Telephone regulation violations			30 DC + 30 GT
9-26		Refusing to submit to substance abuse testing			60 DC + 180 GT
9-27		Use of unauthorized drugs – as evidenced by positive results from urinalysis test, or observable behavior			60 DC + 180 GT
9-28		Canteen Shortage under $50.00			30 DC + 60 GT
9-29		Canteen Shortage over $50.00			60 DC + All GT
9-31		Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior			30 DC + 90 GT
9-32		In accordance with Section 944.279(1), F.S., is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding orappeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court.			60 DC + All GT
9-33		Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution.			60 DC + All GT
9-34		Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff and inmates.			60 DC + All GT
9-35		Establishes or attempts to establish a personal or business relationship with any staff member or volunteer.			60 DC + 180 GT
9-36		Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation.			30 DC + 60 GT
9-37		Unauthorized use of or tampering with a computer, computer peripheral device, or any other office equipment. Other office equipment includes copying machines, facsimile machines, postage meters, or any other device utilized in an office or office-like environment.			60 DC + All GT
9-38       9-39   9-40		In accordance with Section 817.535(4), F.S., is found by the court to have filed or directed a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner’s interest in the property described in the instrument. Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an unauthorized or illegal financial transaction. Possession of any items or materials that can be used to facilitate an unauthorized or illegal financial transaction, including account numbers, passwords, PINs, or other similar items or materials that an inmate is not authorized to possess.			60 DC + All GT   60 DC + 90 GT     60 DC + 90 GT
SECTION 10 – COMMUNITY RELEASE PROGRAM VIOLATIONS – WORK RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER SERVICE
10-1		Failure to directly and promptly proceed to and return from designated area by approved method			60 DC + 180 GT
10-2		Failure to remain within designated area of release plan			30 DC + 60 GT
10-3		Failure to return if plan terminated prior to scheduled time			30 DC + 30 GT
10-4		Making unauthorized contact – personal, telephone, or otherwise – with any individual in behalf of another inmate			10 DC + 15 GT
10-5		Deviating from or changing approved plan without permission			10 DC + 15 GT
10-6		Making purchase or contract without approval			10 DC + 15 GT
10-7		Failure to deposit entire earnings – less authorized deductions – each pay period			10 DC + 15 GT
10-8 10-9		Failure to repay advancement of monies as stipulated in the inmate’s financial plan Tampering with, damaging, losing, or destroying any electronic monitoring equipment.			10 DC + 15 GT 60 DC + All GT
SECTION 11 – No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, 12-12-10, 10-1-11, 6-18-13, 11-14-13,__________.