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

 

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 provide for the transfer of an inmate awaiting a disciplinary hearing. Where circumstances dictate, an inmate may be immediately transferred before disciplinary hearings are held. The amendment recognizes that, although it is preferable to hold a hearing on disciplinary action prior to transfer, this is not always possible in a dynamic prison setting. The change allows the department flexibility to properly utilize available prison space in the most cost efficient manner.

SUMMARY: The rule amendment allows the department the flexibility to transfer an inmate, even though the inmate may be awaiting a disciplinary hearing, where circumstances dictate this action in order to properly utilize available prison space in the most cost efficient manner.

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 and incorporated forms, 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: 20.315, 944.09, 944.719, 945.04 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 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE 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,________.

 

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: July 13, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 27, 2012