The purpose and effect of the proposed rule is to allow inmates transferring an item to another inmate, which is prohibited as the item becomes contraband when passed to another inmate, to receive 15 days in disciplinary confinement and 30 days loss ...

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to allow inmates transferring an item to another inmate, which is prohibited as the item becomes contraband when passed to another inmate, to receive 15 days in disciplinary confinement and 30 days loss of gain time.
SUBJECT AREA TO BE ADDRESSED: Prohibited conduct and penalties for infractions.
SPECIFIC 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 WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jamie Jordan-Nunes, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

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.

Section 1 through Section 2 No change.

Section 3 – CONTRABAND – ANY ARTICLE NOT SOLD IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED

Section 3-12 Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband 15 DC + 30 GT

Section 3-1 through Section 3-11 No change.

Section 3-14 through Section 3-15 No change.

Section 4 through Section 11 No change.

Specific 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,_________.