The purpose and effect of the proposed rulemaking is to clarify form references and to indicate the procedure to be followed during an investigation in which an inmate requests a large group of inmates as witnesses, such as an entire dorm.

DEPARTMENT OF CORRECTIONS

Rule No. : RULE TITLE :
33-601.305: Inmate Discipline - Investigations
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to clarify form references and to indicate the procedure to be followed during an investigation in which an inmate requests a large group of inmates as witnesses, such as an entire dorm.
SUMMARY: The proposed rule clarifies form references and indicates the procedure to be followed during an investigation in which an inmate requests a large group of inmates as witnesses, such as an entire dorm.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. 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.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 945.04 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE 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:

33-601.305 Inmate Discipline – Investigations.

The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following:

(1) No change.

(2) Interviewing the charged inmate. When interviewing the charged inmate the investigator is responsible for the following:

(a) through (e) No change.

(f) Completing and obtaining the inmate’s signature on Form DC6-112B, the Witness Disposition, Form DC6-112B, and Form DC6-151, the Documentary or Physical Evidence Disposition, Form DC6-151. Form DC6-112B and Form DC6-151 are incorporated by reference in Rule 33-601.313, F.A.C.

(g) No change.

(3) Interviewing additional persons who may have information pertaining to the infraction, including those who are listed in the statement of facts. If the inmate requests a large group of inmates as witnesses (e.g. an entire dorm), the investigating officer will interview a random sample of the requested witnesses and document such on the comments section of Form DC6-112B, Witness Disposition.

(4) No change.

(5) Recording the results of the investigation on Form DC6-112A, the Disciplinary Investigative Report, Form DC6-112A. Form DC6-112A is incorporated by reference in Rule 33-601.313, F.A.C.

Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 10-1-95, Formerly 33-22.0055, Amended 5-21-00, 2-11-01, 3-22-05, 7-10-06,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Russell Hosford, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Edwin Buss, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 8, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010