The purpose and effect of the proposed rule is to subdivide and revise disciplinary charges for clarity and tracking purposes.

 

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 subdivide and revise disciplinary charges for clarity and tracking purposes.
SUMMARY: Disciplinary charges related to assault and battery are subdivided according to victim status and severity of offense. Charges related to tattooing and body piercing are combined.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 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: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE 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  ASSAULT, BATTERY, THREATS, AND DISRESPECT
	1-1	Assault or battery or attempted assault or battery, with a deadly weapon	60 DC + All GT
	1-2	Other assault or battery or attempted assault or battery	60 DC + 180 GT
1-3 through 1-6 No change
	1-7	Aggravated battery or attempted aggravated battery on a correctional officer	60 DC + All GT
	1-8	Aggravated battery or attempted aggravated battery on staff other than correctional officer	60 DC + All GT
	1-9	Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
	1-10	Aggravated battery or attempted aggravated battery on an inmate	60 DC + All GT
	1-11	Aggravated assault or attempted aggravated assault on a correctional officer	60 DC + All GT
	1-12	Aggravated assault or attempted aggravated assault on staff other than correctional officer	60 DC + All GT
	1-13	Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
	1-14	Aggravated assault or attempted aggravated assault on an inmate	60 DC + All GT
	1-15	Battery or attempted battery on a correctional officer	60 DC + All GT
	1-16	Battery or attempted battery on staff other than correctional officer	60 DC + All GT
	1-17	Battery or attempted battery on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
	1-18	Battery or attempted battery on an inmate	60 DC + All GT
	1-19	Assault or attempted assault on a correctional officer	60 DC + 180 GT
	1-20	Assault or attempted assault on staff other than correctional officer	60 DC + 180 GT
	1-21	Assault or attempted assault on someone other than staff or inmates (vendor, etc.)	60 DC + 180 GT
	1-22	Assault or attempted assault on an inmate	60 DC + 180 GT
	SECTIONS 2  8 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 9  MISCELLANEOUS INFRACTIONS
9-1 through 9-7 No change.
	9-9	Tattooing, or being tattooed, or body art to include body piercing, scarring or other non-life threatening acts.	30 DC + 60 GT
9-10 through 9-29 No change.
	9-30	Self-Mutilation  includes self-disfigurement
		such as body piercing, scarring or other
		non-life threatening acts. Determination of
		whether an act constitutes self-mutilation
		as opposed to a suicide attempt shall be made by
		health care staff.	30 DC + 60 GT
9-31 through 9-36 No change
	SECTIONS 10 through 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,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 26, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 10, 2007