The amendments implement statutory changes to section 985.711, F.S., which designates new items of illegal contraband in residential facilities.

 

DEPARTMENT OF JUVENILE JUSTICE

Residential Services

RULE NO.:RULE TITLE:

63E-7.107Safety and Security

PURPOSE AND EFFECT: The amendments implement statutory changes to section 985.711, F.S., which designates new items of illegal contraband in residential facilities.

SUMMARY: The amendments distinguish and identify illegal contraband prohibited by statute and prohibited contraband prohibited by rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

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.

RULEMAKING AUTHORITY: 985.64, 985.601(3)(a), FS

LAW IMPLEMENTED: 985.601(3)(a), 985.711, FS

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, December 3, 2020, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For participation by telephone, contact John Milla at [phone]

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63E-7.107 Safety and Security.

(1) through (8) No change.

(9) Contraband. A residential commitment program shall develop a policy and procedure for contraband. The policy and procedure must address, but is not limited to, the following areas:

(a) Illegal Contraband:. At no time shall illegal contraband, as defined in section 985.711, F.S., be allowed in the secure perimeter of the facility or on the facility grounds. Such items include: any unauthorized article of food or clothing, any electronic equipment or cellular device not issued by the department or provider, electronic or vaporless cigarettes, any intoxicating beverage or any beverage that causes or may cause an intoxicating effect, any controlled substance, as defined in section 893.02, F.S., marijuana as defined in section 381.986, hemp as defined in section 1004.4473, or any prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect, and any firearm or weapon of any kind or any explosive substance.  The facility’s policy and procedure will address the requirements of and limitations on staff use of facility or provider issued cellular phones or portable communication devices, with documentation maintained designating the allowable device type as issued to the specific staff member.  The policy and procedure may allow specified department staff, medical and mental health personnel, school board personnel, vocational education personnel, emergency services personnel, and designated subcontracted staff to possess a non-facility-issued cellular phone or portable communication device for work purposes only.  The possession and use of each device shall be documented, and that documentation shall be maintained by the Facility Administrator.  Contraband items Items that may be used as evidence shall be secured by the discovering staff and hand-delivered to the Facility Administrator or designee and subsequently secured under lock and key. The facility staff shall document the chain of custody for the items and give the information to the responding law enforcement officer.  In all instances involving the confiscation of illegal contraband, the confiscated item(s) shall be turned over to law enforcement authorities and a report filed.

(b) Prohibited Items: At no time shall contraband be allowed in the facility as more broadly defined in subsection 63E-7.100(20), F.A.C., which items include: sharps, escape paraphernalia, tobacco products, lighters or matches electronic or vaporless cigarettes, non-facility issued electronic equipment or devices, metals, personal non-facility issued cellular devices, unauthorized currency or coin, and non-facility issued keys. At the discretion of the Facility Administrator, contraband that is not illegal shall be discarded, returned to its original owner, mailed to the youth’s home or stored and returned to the youth upon release. In all instances involving the confiscation of illegal contraband the confiscated item(s) shall be turned over to law enforcement authorities and a criminal report filed.

(c) Program staff: Including school district employees, subcontracted staff, visitors, and volunteers are prohibited from introducing any item deemed contraband inside the residential facility. All DJJ and Department of Children and Family personnel conducting official State business shall be allowed to maintain their State issued cellular devices. The possession and use of each device shall be documented and that documentation shall be maintained by the Facility Administrator.  All program staff, visitors, vendors, and contracted providers shall be searched prior to entering the facility.

(d) Electronic Equipment: The facility must use electronic equipment use of electronic equipment being used to search youth, staff, and visitors prior to entering the facility. The procedure should include visual inspection, emptying of all pockets, and the verbal verification that the individual is not in possession of any illegal or prohibited contraband. The facility’s policy and procedure will address the requirements and limitations for staff use of cellular phones, audio recording devices and video and photography devices.

(e) Searches: The Facility Administrator shall ensure that the primary function of any search is to locate contraband and to identify any item or situation that may be hazardous or otherwise compromise safety or security.

(f) Posting of Notices: Notices shall be prominently posted advising youth, staff, and visitors that the introduction of illegal contraband into a residential commitment program is punishable as a felony by a term of up to fifteen (15) years per section 985.711, F.S.

(g) Documentation: The program must develop a process for documenting contraband incidents, searches, and the result of each search. Any item or situation which may compromise safety or security shall be reported immediately to the Facility Administrator or designee. Programs must ensure that a staff member is designated for this purpose 24 hours per day, seven days a week. An incident report identifying findings and the disposition of the contraband shall be completed;

(h) Incident Reporting: Incidents must be reported to the Central Communications Center (CCC) in accordance with chapter 63F-11, F.A.C. In the event that a contraband related incident involves contacting law enforcement, the program must contact the residential regional director, in addition to the CCC.

(10) through (21) No change.

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 985.711 FS. History–New 5-30-19, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Garrett Tucker, Asst. Secretary for Residential Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 29, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 6, 2020