The purpose and effect of the proposed rulemaking is to remove reference to the Correctional Privatization Commission, as the commission no longer exists.

DEPARTMENT OF CORRECTIONS

Rule No.: RULE TITLE
33-601.217: Elderly Offender Housing
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to remove reference to the Correctional Privatization Commission, as the commission no longer exists.
SUMMARY: The proposed rule removes references to the Correctional Privatization Commission, as the commission no longer exists, and is amended to reflect recent changes to Section 944.804, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC AUTHORITY: 944.09, 944.804 FS.
LAW IMPLEMENTED: 944.09, 944.804 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.217 Elderly Offender Housing.

(1) Definitions.

(a) No change.

(b) State Classification Office (SCO) – refers to a staff member at the central office level who is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying or rejecting ICT recommendations.

(c) Elderly Offender – an inmate age 50 or older in a state correctional institution or facility operated by the Department of Corrections or a state correctional facility operated by a private entity under contract with the Department of Management Services or the Correctional Privatization Commission.

(d) Geriatric Facility or Dorm River Junction Work Camp – a geriatric facility or dorm within a facility authorized designated by Section 944.804, F.S., for generally healthy elderly offenders who can perform general work appropriate for their physical and mental condition.

(e) No change.

(2) Placement criteria. Inmates shall be recommended for placement at a geriatric facility or dorm River Junction Work Camp through routine classification assignment.

(a) Inmates shall meet the following criteria for housing at a geriatric facility or dorm RJCI:

1. No change.

2. Medium, minimum, or community custody;

3. No change.

4. Are not otherwise deemed to be a security risk for placement; and

5. No change.

(b) An inmate The following inmates shall not be eligible for housing at a geriatric facility or dorm if he RJCI:

1. Is close Close or maximum custody;

2. Has Have a current or prior conviction for any sex offense;

3. Has Have a current or prior conviction for first degree murder;

4. Has Have an escape history or escape arrest with unknown disposition;

5. Has Have a violent felony or INS detainer;

6. Has Have an ex-death sentence;

7. Has Have a life sentence without parole eligibility;

8. Has Have been released from close management status within the last six months; or

9. Has Have a special medical need that which cannot be accommodated in the work camp setting.

Rulemaking Specific Authority 944.09, 944.804 FS. Law Implemented 944.09, 944.804 FS. History–New 9-15-02, Amended 4-1-04,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 23, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009