The purpose and effect of the proposed rule is to remove protected information from Form DC6-152, Type A/B Furlough Sponsor Agreement, and amend the rule and form for clarity.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.603: Furloughs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to remove protected information from Form DC6-152, Type A/B Furlough Sponsor Agreement, and amend the rule and form for clarity.
SUMMARY: The proposed amendment to Rule 33-601.603, F.A.C., removes the Bureau Chief of Community Residential Programs from the list of approving authorities and amends the rule for clarity. Form DC6-152 is amended for clarity and to remove the requirement that a furlough sponsor provide their entire social security number.
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: 945.091 FS.
LAW IMPLEMENTED: 945.091 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: Jamie Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.603 Furloughs.

(1) No change.

(2) Definitions.

(a) through (b) No change.

(c) Approving Authority – For purposes of this rule, the term “approving authority” refers to the Secretary of the Department of Corrections or his designee who shall be the warden of a major institution or the select exempt service status employee who has oversight responsibility of a community correctional center, or the Bureau Chief of Community Residential Programs.

(d) through (g) No change.

(3) through (4) No change.

(5) Furlough Sponsors.

(a) through (c) No change.

(d) Approval to serve as furlough sponsor is subject to termination at any time for the reasons stated below:

1. through 2. No change.

3. Violation of any rule set forth in on Form DC6-152, Type A/B Furlough Sponsor Agreement, if the person is serving as sponsor for a type B furlough. Form DC6-152 is incorporated by reference in subsection (11) of this rule;

4. through 6. No change.

(6) Type A Furloughs.

(a) No change.

(b) Other conditions which apply to type A furloughs are:

1. No change.

2. Inmates must complete Form DC6-178, a Type “A” Furlough Request Agreement. Form, DC6-178 is incorporated by reference in subsection (11) of this rule;

3. The sponsor must complete and agree to abide by all condidtions of Form DC6-152, A Type A/B Furlough Sponsor Agreement, DC6-152, must be completed and sponsor must agree to abide by all conditions of DC6-152;

4. No change.

5. An inmate shall abide by all conditions in on Form DC6-152, the Type A Furlough Agreement, Form DC6-152;

6. through 8. No change.

(c) No change.

(7) through (8) No change.

(9) Type B Furloughs.

(a) through (d) No change.

(e) Inmates who demonstrate satisfactory facility adjustment and program participation, meet all eligibility criteria, and have either served 5 calendar years or have completed one third of the sentence to be served, which ever is less, shall be eligible for consideration for a furlough for family visitation purposes. “Sentence to be served” is interpreted as being from the imposed date of sentence to the earliest release date. The following special conditions apply to family visitation furloughs:

1. No change.

2. Inmates will be required to call the facility when they arrive at their furlough destination and when they are departing from their furlough destination to return to the facility. In addition, at least one telephone contact with the inmate by facility staff shall be made to the location of the furlough to verify the inmate’s presence. The contact shall be documented on Form DC6-180, Sign-Out Sheet for Community Activity or Furlough, the community correctional center’s sign-out sheet for community activities or furloughs., Form DC6-180, Sign-Out Sheet for Community Activity or Furlough. Form DC6-180 is incorporated by reference in subsection (11) of this rule;

3. No change.

(f) No change.

(g) An inmate granted type B furlough privileges must:

1. Agree to the conditions as outlined in Form DC6-179, Type B Furlough Request. Form DC6-179 is incorporated by reference in subsection (11) of this rule;

2. No change.

3. Adhere to the following procedures:

a. No change.

b. All inmates to whom a type B furlough privilege has been granted must be signed out of and into the facility by an officer prior to departure from and upon their return from the furlough activity utilizing Form. The form used for this purpose is DC6-180, Sign Out Sheet for Community Activity or Furlough.

c. No change.

(h) through (i) No change.

(10) No change.

(11) Forms. The following forms are hereby incorporated by reference.

(a) through (b) No change.

(c) DC6-152, Type A/B Furlough Sponsor Agreement, effective ________4-13-98.

(d) No change.

Specific Authority 945.091 FS. Law Implemented 945.091 FS. History–New 12-8-97, Amended 4-13-98, 10-20-98, Formerly 33-9.024, Amended 10-9-07,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 19, 2008