The purpose and effect of the proposed rule is to clarify how an inmate’s committed name is established.  


  • RULE NO: RULE TITLE
    33-603.101: Use of Committed Name
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify how an inmate’s committed name is established.
    SUMMARY: Amends the rule to clarify how an inmate’s committed name is established for multiple cases imposed on the same date or on separate dates.
    SUMMARY 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: 944.09 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: Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-603.101 Use of Committed Name.

    (1)(a) In order to avoid conflicts in mailing and visiting privileges, as well as to assist inmates in making bank and canteen transactions and ensure timely delivery of legal documents, and to provide staff with a consistent means of inmate identification for security and daily institutional operation purposes, each inmate shall be recognized by the department under the name on the initial commitment under which the inmate was received. The committed name shall be obtained from the information or indictment page of the commitment package, not from the uniform commitment to custody cover sheet. For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the earliest imposed case. For multiple cases imposed on the same date, commitments are arranged according to service of the sentences or sequential order as directed by the sentencing court and the committed name is the name on the information page of the first imposed case as so designated. For multiple cases imposed on the same date where the order of sentencing cannot be determined, the cases are arranged numerically and the committed name is the name on the information page of the commitment with the lowest case number. For multiple cases imposed on the same date, the committed name is the name listed on the earliest chronological case. This name shall be the inmate’s official identification throughout the continuous incarceration of the inmate on that sentence or combined sentences and must be included on any official document sent or received by the inmate except as provided in subsection (3) below.

    (b) through (d) No change.

    (2) through (4) No change.

    Specific Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 9-30-93, Formerly 33-6.012, Amended 4-29-02, 5-20-03, 7-7-05, ________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Doyle W. Kemp, Bureau Chief, Sentence Structure and Population Management
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: David Pridgen, Deputy Assistant Secretary of Institutions-Operations
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 29, 2006
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006

Document Information

Comments Open:
10/6/2006
Summary:
Amends the rule to clarify how an inmate’s committed name is established for multiple cases imposed on the same date or on separate dates.
Purpose:
The purpose and effect of the proposed rule is to clarify how an inmate’s committed name is established.
Rulemaking Authority:
944.09 FS.
Law:
944.09 FS.
Contact:
Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-603.101. Use of Committed Name