reglab/statecodes huggingface dataset:
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.305 - Inmate Discipline - Investigations

Current through Reg. 50, No. 138; July 16, 2024
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) Interviewing the charging staff
				member.
(2) Interviewing the
				charged inmate. When interviewing the charged inmate the investigator is
				responsible for the following:
(a) Delivering
				the charge to the inmate by reading the charge and statement of facts to the
				inmate.
(b) Ensuring that the
				inmate has been provided a written copy of the charges.
(c) Appointing a staff assistant if
				necessary.
(d) Obtaining the
				inmate's version of the infraction.
(e) Asking the inmate if there are any
				witnesses or evidence to offer in the inmate's behalf.
(f) Completing and obtaining the inmate's
				signature on Form DC6-112B, Witness Disposition, and Form DC6-151, Documentary
				or Physical Evidence Disposition. Form DC6-112B and Form DC6-151 are
				incorporated by reference in Rule
				 33-601.313, F.A.C.
(g) Completing Form DC6-2028, Disposition of
				Videotape/Audiotape Evidence, when necessary. Form DC6-2028 is incorporated by
				reference in Rule  33-601.313,
				F.A.C.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.3055 - Inmate Discipline - Use of Confidential Informants During Investigation

Current through Reg. 50, No. 138; July 16, 2024
The investigator shall interview the informant and obtain a
				  statement of the incident in question. This information shall be recorded by
				  the investigator in the disciplinary investigative report. The investigator
				  shall also document whether the informant has direct or indirect knowledge of
				  the case, whether the informant has provided information in the past, and
				  whether the information has been reliable, unreliable, or both. If the
				  informant has allegedly provided confidential information in the past, the
				  investigator will document to whom and confirm with the staff member in the
				  disciplinary investigative report. The investigator will document only the
				  informant's social security number for identification purposes on the witness
				  disposition form after the charged inmate reviews and signs the
				  form.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 945.04
					 FS.
New 2-11-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.306 - Disciplinary Team and Hearing Officer

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				person shall not serve as the hearing officer or as a member of the
				disciplinary team, or participate in the deliberations when they are:
(a) A witness or the person who wrote the
				charge;
(b) The investigating
				officer;
(c) The person charged
				with review of the results of the disciplinary hearing;
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.308 - Disciplinary Team, Hearing Officer Findings and Action

Current through Reg. 50, No. 138; July 16, 2024
(1) The disciplinary team or hearing
				officer's findings shall enumerate the specific facts derived from the
				disciplinary report, the disciplinary investigative report or the witness
				statements and what specific evidence was used in the disciplinary team's or
				hearing officer's conclusion.
(2)
				The disciplinary team or hearing officer shall make one of the following
				findings:
(a) Dismiss the charge. If the
				charge is dismissed the disciplinary report shall not be posted or placed in
				the inmate file. The dismissal of a disciplinary report may occur due to
				procedural errors, technical errors or duplication of charges. A dismissal is
				without prejudice and may be rewritten and reprocessed.
(b) Find the inmate not guilty. If the inmate
				is found not guilty the disciplinary report shall not be posted or placed in
				the inmate file. The inmate shall be found not guilty when the facts do not
				support the charge.
(c) Find the
				inmate guilty.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.309 - Inmate Discipline - Review and Final Action

Current through Reg. 50, No. 138; July 16, 2024
(1) The chief correctional officer at a work
				release center, or the senior staff person at a contract facility shall review
				the disciplinary action and recommend approval, modification or disapproval to
				the warden.
(2) The warden acts as
				the final reviewing and approving authority for all disciplinary reports in
				which the recommended penalty does not exceed a loss of more than 365 days of
				gain time.
(3) The regional
				director of institutions acts as the final reviewing authority for all
				disciplinary reports in which the recommended penalty exceeds 365 days loss of
				gain time.
(4) The warden or
				regional director of institutions shall approve, modify downward or disapprove
				the recommended disciplinary action. The above mentioned or the deputy
				assistant secretary - programs is authorized to direct a rehearing of the
				disciplinary report as provided for in Rule
				 33-601.310, F.A.C. The review
				shall be limited to the matters contained in the disciplinary report. If new
				evidence or procedural error is discovered, the warden or regional director
				shall remand the disciplinary report to the hearing officer or disciplinary
				team for a rehearing as provided for in Rule
				 33-601.310, F.A.C. Review of
				each disciplinary report is the responsibility of the warden or regional
				director and cannot be delegated to other staff members.
(5) When the warden is the reporting officer
				of a disciplinary report the regional director of institutions shall act as
				reviewing and approving authority.
(6) In the case of privately operated
				correctional institutions, the correctional services administrator position in
				the regional office is the final approving authority for all disciplinary
				reports, except those as defined in subsection
				 33-601.309(3),
				F.A.C.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.275,
					 944.28,
					 944.719,
					 945.04
					 FS.
New 3-12-84, Formerly 33-22.09, Amended 12-30-86, 10-1-95,
					 Formerly 33-22.009, Amended 5-21-00, 2-11-01,
					 3-22-05.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.310 - Inmate Discipline - Rehearings

Current through Reg. 50, No. 138; July 16, 2024
(1) If
				an error is discovered at any time after an inmate has been found guilty of a
				disciplinary infraction, the warden, the facility administrator of a private
				facility, or the deputy director of institutions (classification) or designee
				is authorized to cause a rehearing to take place within 30 days of the
				discovery of the error or the receipt of a successful grievance or appeal. The
				individual ordering the rehearing shall note the specific reasons for the
				rehearing on the disciplinary report. A rehearing shall not be held following a
				finding of "not guilty."
(2) The
				investigation may incorporate those portions of the previous investigation that
				are not affected by the need for the rehearing. The rehearing shall proceed
				according to the provisions of Rule
				 33-601.307, F.A.C. No inmate is
				authorized to request a rehearing.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.719,
					 945.04
					 FS.
New 10-1-95, Formerly 33-22.0105, Amended 5-21-00,
					 2-11-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.311 - Inmate Discipline - Miscellaneous Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Interstate Compact Cases. Inmates
				confined in this Department on interstate transfer are to be disciplined in the
				same fashion as anyone sentenced within the State of Florida. Following the
				review process, a copy of all disciplinary reports on interstate corrections
				compact cases (institutions) shall be forwarded to the interstate corrections
				compact administrator in the Bureau of Classification and Central Records, who
				will then forward the disciplinary report to the sending state for information
				and concurrence.
(2) Transfers.
(a) If, in the course of conducting
				disciplinary procedures, a job reassignment or transfer is indicated, it shall
				be handled as classification matters are normally handled at that institution
				and not as a disciplinary decision.
(b) If it becomes necessary to transfer an
				inmate who is awaiting disciplinary action, the team hearing should be held
				prior to the transfer. Exceptions to this shall be made in circumstances where
				the situation dictates immediate transfer before the disciplinary hearings can
				be held. A memorandum explaining the circumstances precluding the scheduling of
				the hearing shall be sent with the inmate record at the time of the transfer.
				The sending institution shall complete the heading section, identifying the
				inmate and charge, and statement of facts, of the disciplinary report. The
				disciplinary investigation report shall be completed by the sending institution
				if time permits, and forwarded to the receiving institution. The receiving
				institution shall complete the inmate notification, the disciplinary
				investigation report and the designating authority review, if not completed
				prior to transfer. The Team/Hearing Officer Findings and Action, shall be
				completed by the receiving institution after the hearing and approved by the
				warden.
(c) If it becomes necessary
				to transfer an inmate who is serving a disciplinary penalty to another
				institution and the sending institution feels this disciplinary penalty should
				continue at the receiving institution, the sending institution shall attach a
				copy of the disciplinary report to the inmate file, and attach a complete cover
				memorandum requesting that the penalty be continued at the receiving
				institution.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.312 - Telephonic or Video Disciplinary Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) Disciplinary hearings through telephone
				or video communication are authorized in the event an inmate has been
				transferred to another facility and a disciplinary hearing is
				pending.
(2) The conduct of the
				Disciplinary Hearing shall conform to all provisions of Rule
				 33-601.307, F.A.C.
(3) The disciplinary report, disciplinary
				investigative report, and disciplinary report worksheet should be completed at
				the institution where the inmate notification is delivered to the
				inmate.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.719,
					 945.04
					 FS.
New 10-1-95, Formerly 33-22.0115, Amended
					 5-21-00.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.313 - Inmate Discipline - Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following forms used in implementing the provisions of this chapter are hereby
				incorporated by reference:
(a) DC6-112E,
				Disciplinary Hearing Worksheet, effective 3-22-05.
(b) DC6-112A, Disciplinary Investigative
				Report, effective 5-21-00.
(c)
				DC6-256, Housing Officers Contact Card, effective 2-11-01.
(d) DC6-112D, 24 Hour/Refusal to Appear
				Waiver Form, effective 5-21-00.
(e)
				DC6-112C, Witness Statement Form, effective 8-28-06.
(f) DC6-112F, Disciplinary Report Worksheet,
				effective 7-11-06.
(g) DC6-151,
				Documentary or Physical Evidence Disposition, effective 3-22-05.
(h) DC6-112B, Witness Disposition Form,
				effective 12-5-10.
(i) DC6-117,
				Corrective Consultation of Inmate, effective 5-21-00.
(j) DC6-2028, Disposition of Videotape or
				Audiotape Evidence, effective 3-22-05.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.401 - Interstate Corrections Compact

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions. As used in this chapter:
(a)
				"Transfer" means transfer under the Interstate Corrections Compact authorized
				by Sections  941.56 and
				 941.57, F.S.
(b) "Administrator" means the Interstate
				Corrections Compact Administrator in the Office of Institutions.
(c) "Sending state" means the state from
				which an inmate is transferred.
(d)
				"Receiving state" means the state to which an inmate is
				transferred.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.402 - Interstate Agreement on Detainers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.21 FS. Law Implemented
					 941.45,
					 941.46,
					 941.47,
					 941.49
					 FS.
New 7-7-81, Formerly 33-21.02, 33-21.002, 33-301.102,
					 Repealed 1-19-03.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.501 - Discharge of an Inmate (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315 FS. Law Implemented
					 20.315,
					 944.293
					 FS.
New 10-8-76, Formerly 33-7.05, Amended 1-26-86, 11-4-92,
					 11-16-97, Formerly 33-7.005, Repealed
					 8-8-10.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.502 - Discharge Gratuity

Current through Reg. 50, No. 138; July 16, 2024
(1) The Secretary
				shall authorize the payment of a discharge gratuity to inmates discharged from
				the custody of the Department of Corrections. A discharge gratuity in the
				amount of $50.00 shall be provided to any inmate released on parole, expiration
				of sentence, pardon or permanent court order, except those inmates released in
				any of the following situations:
(a) Any
				inmate to be released who has participated in paid employment through PIE
				programs or the Work Release Program for a period of at least 120 days
				immediately preceding release;
(b)
				Any inmate to be released to another jurisdiction for which there is an
				existing judgment and sentence or detainer;
(c) Any inmate to be released to the
				Department of Children and Family Services or a state or county mental health
				facility under an order for involuntary commitment, or
(d) Should a review of inmate bank trust fund
				records disclose that an inmate has an account balance of $100 or more at the
				time of release or has previously had an account balance of $100 or more at any
				time during the 180 days prior to his release date, the inmate shall be denied
				a discharge gratuity, except as provided in subsection (2),
				below.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.503 - Discharge Transportation

Current through Reg. 50, No. 138; July 16, 2024
(1) Payments
				authorized by Sections
				 944.611 and
				 944.613, F.S., for the
				transportation of discharged inmates shall be made under the provisions of
				these sections.
(2) Every inmate
				released on parole, expiration of sentence, pardon, supervised community
				release, provisional release supervision or permanent court order shall be
				eligible to receive transportation, except for the following:
(a) Inmates being released to law enforcement
				agencies.
(b) Inmates in the Work
				Release Program who have accumulated sufficient funds to pay for their own
				transportation.
(c) Inmates who
				have adequate funds from other sources to pay for their
				transportation.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.504 - Transition Skills Program

Current through Reg. 50, No. 138; July 16, 2024
(1) All inmates
				being released from the Department of Corrections are eligible to participate
				in the transition skills program except for those inmates meeting the criteria
				for exemption in paragraph (3)(b), below.
(2) The Department shall administer a
				Department-approved risk and needs assessment within 18 months of an inmate's
				scheduled release date to identify community-specific reentry service provider
				referrals.
(3)
(a) The Department shall provide a
				standardized transition skills program to every eligible inmate within six
				months of the inmate's scheduled release date. The transition skills program
				shall consist of pre-release or post-release instruction that includes:
1. Employment skills.
2. Money management.
3. Special needs.
4. Community reentry concerns.
5. Community reentry support.
6. Any other appropriate instruction to
				promote the inmate's successful reentry into the community.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.601 - Temporary Release of Inmates for Specific Purposes

Current through Reg. 50, No. 138; July 16, 2024
(1) The regional directors are the
				Secretary's designees for the purpose of approving or disapproving the
				temporary transfer of custody of any inmate housed within their respective
				regions, including those housed in private facilities, to attend a funeral or
				have a deathbed visit.
(2)
				Attendance of an inmate at a funeral or a deathbed visit will be made at the
				expense of the inmate or the inmate's family. The Department of Corrections
				will incur no expense for the inmate's transportation or attendance.
(3) Funerals and deathbed visits are
				restricted to members of the inmate's immediate family or to other relatives or
				adopted relatives who were instrumental in the raising of the inmate. An inmate
				may attend a funeral of or have a deathbed visit with a relative, but not both
				for the same relative.
(4) The
				family of an inmate who is not eligible for furlough or who has been denied
				furlough wishing to have the inmate attend a funeral or make a deathbed visit
				must contact the sheriff or chief of the tribal police of the county or
				jurisdiction in which the funeral or deathbed visit is to occur and arrange for
				transportation. The department will not review a request for temporary
				assumption of custody unless the sheriff or chief of tribal police has taken
				the following actions:
(a) Contacted the
				warden at the institution in which the inmate is housed to make arrangements
				for the transfer of custody;
(b)
				Provided written confirmation to the warden that the request of the funeral is
				confirmed by the attending funeral home or a qualified licensed physician
				validates imminent death;
(c)
				Provided the date, length, and place of the requested funeral or deathbed
				visit;
(d) Identified and
				authorized in writing a designee if the request is made on behalf of the
				sheriff or chief of tribal police and that the designee will take temporary
				custody of the inmate in accordance with the custody and transportation
				requirements set forth in this rule;
(e) A sheriff or chief of tribal police from
				a county or jurisdiction other than the county or jurisdiction in which the
				funeral or deathbed visit is to occur may transport the inmate provided the
				sheriff or chief of tribal police from the county or jurisdiction in which the
				funeral or deathbed visit is to occur agrees to the transport in writing. A
				copy of the agreement will be provided to the warden of the releasing
				facility.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.603 - Furloughs

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This rule sets forth guidelines
				for the utilization of type A and B furloughs.
(2) Definitions.
(a) Furlough - The program that allows
				inmates to visit in the community for specified purposes and under certain
				conditions.
(b) Correctional
				Officer Major - The chief correctional officer who is charged with the
				responsibility of the daily operation of a community correctional
				center.
(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.
(d) Relative - Relative is defined as a
				member of the inmate's immediate family, i.e., parent, grandparent, brother,
				sister, spouse, child, grandchild, or legal guardian.
(e) Non-relative sponsor - A person approved
				through the furlough sponsor process who is not a relative of the
				inmate.
(f) Family Visitation - A
				visit with a relative for the purpose of re-establishing family ties.
(g) Non-Advanceable Release Date - A release
				date that cannot be reduced by the application of discretionary gain
				time.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.604 - Determination of Credit When Inmate Is Released in Error

Current through Reg. 50, No. 138; July 16, 2024
(1) When an inmate is released in error prior
				to satisfaction of the sentence, the facts surrounding the release will be
				collected by the Bureau of Admission and Release and provided to the Bureau of
				Classification Management.
(2) A
				preliminary determination will be made as to where the error occurred. If it is
				clear that an error was made on the part of the state, and there is no
				indication that the inmate reasonably should have known that the release was in
				error or before completion of sentence, based upon the length and number of
				sentences as reflected in the commitment documents and court orders, the out
				time will be awarded without the need for hearing.
(3) If it appears the inmate reasonably
				should have known that the release was in error or before completion of
				sentence, based upon the length and number of sentences as reflected in the
				commitment documents and court orders, a fact finding due process hearing will
				be held to determine if the inmate is due credit for the time out of custody.
(a) Credit will be applied if it is
				determined that the release involved no fault of the inmate.
(b) Credit will not be applied if it is
				determined that the inmate was aware of the error and made no attempt to notify
				the releasing authority.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.605 - Inmate Drivers

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) Approving Authority refers to the
				Secretary of the Florida Department of Corrections or his or her designee, who
				will be the warden or assistant warden who has operational responsibility for a
				specific work release center.
(b)
				Commercial Motor Vehicle refers to any motor vehicle used on the streets and
				highways which has a gross vehicle weight rating (declared weight or actual
				weight) of 26, 001 pounds or more, is designed to transport more than 15
				persons including the driver, or is utilized to carry hazardous
				materials.
(c) DHSMV refers to the
				Department of Highway Safety and Motor Vehicles.
(d) Work Release Center (WRC) refers to a
				facility where a community based transition program for approved community
				custody inmates prior to release from custody is conducted.
(e) Paid Employment refers to the employment
				of a WRC inmate by an employer in the community for which the inmate receives a
				salary from the employer for work performed.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.606 - Placement of Inmates into Community Release Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 945.091 FS. Law Implemented
					 945.091
					 FS.
New 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04.
					 11-25-04, 4-13-06, 10-8-07, Repealed
					 3-2-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.701 - Visiting - Authority of the Secretary (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09,
					 944.23 FS. Law Implemented
					 944.09,
					 944.23
					 FS.
New 10-8-76, Amended 6-20-85, Formerly 33-5.01, Amended
					 5-13-87, 3-8-98, Formerly 33-5.001, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.702 - Posting of Visiting Policies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-8-76, Amended 6-20-85, Formerly 33-5.02, Amended
					 3-8-98, Formerly 33-5.002, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.703 - Visiting Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 945.21 FS. Law Implemented
					 945.21
					 FS.
New 10-8-76, Formerly 33-5.03, 33-5.003, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.704 - Visiting - Inmates in Special Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09,
					 944.23 FS. Law Implemented
					 944.09,
					 944.23
					 FS.
New 10-8-76, Amended 6-20-85, Formerly 33-5.04, Amended
					 3-8-98, 10-7-98, Formerly 33-5.004, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.705 - Refusal of Visit by Inmate (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-8-76, Amended 6-20-85, Formerly 33-5.05, Amended
					 3-8-98, Formerly 33-5.005, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.706 - Inmate's Visitor's List (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09,
					 944.23 FS. Law Implemented
					 944.09,
					 944.23
					 FS.
New 10-8-76, Amended 10-16-83, 6-20-85, Formerly 33-5.06,
					 Amended 3-12-86, 9-6-93, 3-8-98, Formerly 33-5.006, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.707 - Visitation Denial (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09,
					 944.23 FS. Law Implemented
					 944.09,
					 944.23
					 FS.
New 10-8-76, Amended 10-16-83, 6-20-85, Formerly 33-5.07,
					 Amended 3-12-86, 1-28-98, 3-8-98, Formerly 33-5.007, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.708 - Visiting Procedures and Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09,
					 944.23 FS. Law Implemented
					 386.204,
					 386.205,
					 944.09,
					 944.23
					 FS.
New 10-8-76, Amended 10-16-83, 6-20-85, Formerly 33-5.08,
					 Amended 3-12-86, 4-16-95, 3-8-98, 6-29-98, Formerly 33-5.008, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.709 - Non-Contact Visitation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 6-15-98, Formerly 33-5.0081, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.710 - Special Visits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-16-83, Amended 6-20-85, Formerly 33-5.10, Amended
					 3-12-86, 3-8-98, Formerly 33-5.010, Repealed
					 11-18-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.711 - Legal Visitors

Current through Reg. 50, No. 138; July 16, 2024
(1) An attorney may
				visit an inmate whom he represents if the inmate wishes to confer with the
				attorney and the attorney presents sufficient identification and evidence of
				his status as an attorney.
(2) An
				agent of an attorney (a law student, law clerk, paralegal, legal assistant,
				legal investigator or interpreter) working under the supervision of an attorney
				may visit an inmate whom the attorney represents, subject to all conditions
				applicable to the attorney, if the attorney provides a signed statement for
				each visit stating that the visit is for the purpose of a legal consultation
				and agreeing to supervise the assistant and to accept professional
				responsibility for business conducted by the agent on behalf of the
				attorney.
(3) If more requests for
				visits by attorneys and assistants are received than can be accommodated,
				attorney visits shall be given priority over visits by assistants.
(4) Legal visits should be scheduled between
				8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A legal
				visit may be scheduled at other times if, in the opinion of the warden or his
				designee, such scheduling is necessary to avoid legal disadvantage to the
				inmate or undue hardship to the attorney.
(5) The warden shall provide an adequate area
				for attorneys and their representatives to visit their inmate clients in order
				to insure the privacy of such visits.
(6) Legal documents will not be exchanged
				between the attorney and the inmate unless the attorney notifies the officer in
				charge that the exchange of legal documents is necessary and allows a cursory
				inspection of the legal documents. The officer in charge is authorized to
				disapprove any legal document exchange if such exchange would present a threat
				to the security and order of the institution or to the safety of any person. If
				the attorney disagrees with the decision of the officer in charge, the duty
				warden shall be contacted to make the final decision.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23,
					 944.47
					 FS.
New 10-16-83, Formerly 33-5.11, Amended 3-8-98, Formerly
					 33-5.011, Amended 6-18-02.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.7115 - Consulate Visitors

Current through Reg. 50, No. 138; July 16, 2024
(1) A consulate
				officer may visit a foreign national inmate from the country that the consulate
				represents if the inmate wishes to confer with the consulate officer and the
				consulate officer presents sufficient identification and evidence of his status
				as a consulate officer. The inmate must be verified by Immigration and Customs
				Enforcement as a native of the country represented by the consulate.
(2) Consulate visits should be scheduled
				between 8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A
				consulate visit may be scheduled at other times if, in the opinion of the
				warden or his designee, such scheduling is necessary to avoid disadvantage to
				the inmate or undue hardship to the consulate officer.
(3) The warden shall provide an adequate area
				for consulate officers to visit their inmate citizens in order to ensure the
				privacy of such visits.
(4)
				Consulate documents will not be exchanged between the consulate officer and the
				inmate unless the consulate officer notifies the officer in charge that the
				exchange of consulate documents is necessary and allows a cursory inspection of
				the consulate documents. The officer in charge is authorized to disapprove any
				consulate document exchange if such exchange would present a threat to the
				security and order of the institution or to the safety of any person. If the
				consulate officer disagrees with the decision of the officer in charge, the
				duty warden shall be contacted to make the final decision.
(5) An attorney may accompany the consulate
				officer during a consulate visit pursuant to Rule
				 33-601.711, F.A.C., Legal
				Visitors and Rule  33-601.712, F.A.C., Use of
				Cameras and Tape Recorders by Attorneys.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 3-3-08.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.712 - Use of Cameras and Tape Recorders by Attorneys

Current through Reg. 50, No. 138; July 16, 2024
(1) An attorney may bring and use a camera to
				photograph his inmate client if he certifies in writing that the physical
				condition of the inmate client is relevant to a pending or prospective lawsuit,
				judicial or quasi-judicial proceeding, or administrative proceeding involving
				another agency, that he needs to photograph the inmate client to preserve
				evidence of such condition, and that he will comply with reasonable security
				procedures. No inmate shall be photographed without his consent. Photographs
				that might jeopardize security by showing the physical layout of the
				institution or in any other specific way shall not be permitted.
(2) When an attorney visits an inmate he may
				bring and use a tape recorder or video camera to record the conversation
				provided he agrees to comply with reasonable security procedures, to tape only
				his conversations with the inmate, and provided the inmate consents.
(3) The warden or his designee shall impose
				such requirements regarding inspections of cameras and tape recorders and the
				time, place and manner of their use as may be necessary to preserve
				institutional security.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23
					 FS.
New 1-12-83, Formerly 33-5.091, Amended 3-8-98, 3-23-99,
					 Formerly 33-5.0091, Amended 2-25-02.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.714 - Inmate Visiting - General

Current through Reg. 50, No. 138; July 16, 2024
(1) Inmate
				visiting is a privilege, not a guaranteed right of either the inmate or the
				visitor. Inmates are not assigned to specific institutions solely for the
				convenience of visiting privileges.
(2) All visitors are subject to Department
				rules, procedures, technical instructions and restrictions imposed as a
				condition of admittance and the directions of institutional staff while on
				institutional grounds.
(3) The
				warden, assistant warden, or duty warden is authorized to deny or terminate a
				visit if any of its aspects are disruptive or violate rules, procedures,
				instructions, restrictions, orders, or directions. Any disruption or violation
				shall be entered on the AVR and shall subject the visitor to revocation or
				suspension of visiting privileges by the warden or designee and the inmate to
				disciplinary action.
(4) Posting of
				Policies.
(a) To ensure that all visitors are
				aware of Section  944.47, F.S., governing
				contraband, the warden or designee shall post the statute in a conspicuous
				place at the entrance to the institution or facility.
(b) The warden or designee shall display the
				visiting rule, procedures, and any technical instructions that do not impede
				the maintenance of the security of the institution in a manner that allows
				visitors to read them before they begin the institutional visiting entry
				process.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.715 - Visitation Application Initiation Process

Current through Reg. 50, No. 138; July 16, 2024
(1) During the reception process,
				classification staff shall develop and maintain a computerized list of the
				inmate's family members as defined in Rule
				 33-601.713, F.S., for placement
				on the automated visiting record. Placement of a name on the automated visiting
				record in and of itself is not approval to visit.
(2) The inmate shall be given up to fifteen
				copies of Form DC6-111A, Request for Visitation Privileges (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15207
),
				and Form DC6-111B, Visitor Information Summary (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15208
),
				within 24 hours after arrival at their permanent facility. Forms DC6-111A and
				DC6-111B are hereby incorporated by reference. Copies of these forms are
				available from the Forms Control Administrator, 501 South Calhoun Street,
				Tallahassee, Florida 32399-2500. The effective date of these forms is 03/23.
				The inmate shall be responsible for sending the forms to each family member or
				friend aged twelve years or older whom the inmate wishes to be placed in their
				automated visiting record. Minors aged eleven years and younger are not
				required to submit Form DC6-111A until they reach twelve years of age.
(a) Only visitors approved pursuant to Rule
				 33-601.718, F.A.C., shall be
				allowed to visit.
(b) The
				prospective visitor shall be required to complete Form DC6-111A, Request for
				Visitation Privileges, by filling in each line or inserting "NA" (not
				applicable) where appropriate. The prospective visitor can obtain a copy of the
				form from the inmate or retrieve a copy from the Department's public
				website.
(c) The prospective
				visitor may submit the completed Form DC6-111A, Request for Visitation
				Privileges, via U.S. Mail to the classification department at the institution
				where visitation is being requested. Alternatively, the prospective visitor may
				submit the completed Form DC6-111A electronically as an attachment to an e-mail
				sent to the e-mail address for visitation applications at the institution where
				visitation is being requested.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.716 - Visiting Record Management

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Bureau of Classification and Central Records will develop and maintain
				automated visiting records.
(2)
				Department staff will document all requests for visits, decisions made with
				regard to visiting, and pertinent comments on the automated visiting
				record.
(3) An inmate may have up
				to fifteen visitors twelve years of age or older on their automated visiting
				record. This includes visitors in approved or suspended status. No more than
				five of the visitors listed may be non-family members.
(4) An inmate will be permitted to remove or
				request to add visitors to their automated visiting record by completing Form
				DC6-111C, Remove/Add Visitor Request, which will be provided by institutional
				classification staff. Form DC6-111C is hereby incorporated by reference. A copy
				of this form is available from the Forms Control Administrator, 501 South
				Calhoun Street, Tallahassee, Florida 32399-2500,
https://www.flrules.org/Gateway/reference.asp?No=Ref-00674
.
				The effective date is October, 2011.
(a)
				Additions to an inmate's visiting record will be allowed at any time, up to the
				limit of fifteen visitors.
(b)
				Removals from an inmate's visiting record will be permitted once every twelve
				months pursuant to the following schedule:
1.
				An inmate with a DC number ending in "0" may request a change in
				January;
2. An inmate with a DC
				number ending in "1" may request a change in February;
3. An inmate with a DC number ending in "2"
				may request a change in March;
4.
				An inmate with a DC number ending in "3" may request a change in
				April;
5. An inmate with a DC
				number ending in "4" may request a change in May;
6. An inmate with a DC number ending in "5"
				may request a change in July;
7. An
				inmate with a DC number ending in "6" may request a change in August;
8. An inmate with a DC number ending in "7"
				may request a change in September;
9. An inmate with a DC number ending in "8"
				may request a change in October;
10. An inmate with a DC number ending in "9"
				may request a change in November.
(c) Approved changes will become effective
				during the first week of the month following an inmate's designated
				month.
(d) An approved visitor
				whose visitation privileges are suspended will not be removed from an inmate's
				automated visiting record. The inmate will not be allowed to remove the
				suspended visitor from their automated visiting record until the expiration of
				the suspension period or the month designated in paragraph
				(4)(b).
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.718 - Review of Request for Visiting Privileges

Current through Reg. 50, No. 138; July 16, 2024
In approving or disapproving visiting privileges, assigned
				  institutional classification officer shall review Form DC6-111A, Request for
				  Visiting Privileges, and shall consider all factors related to the security,
				  order, or effective management of the institution. Form DC6-111A is
				  incorporated by reference in Rule
				   33-601.715, F.A.C.
(1) Prior criminal records shall not
				automatically result in disapproval of visiting. The nature, extent, and
				recentness of the criminal convictions and adjudications withheld combined with
				the person's relationship to the inmate shall affect approval or
				disapproval.
(2) The assigned
				institutional classification officer staff shall evaluate a person's criminal
				history and visiting background using Form DC6-111D, Visitor Screening Matrix.
				Form DC6-111D is hereby incorporated by reference. A copy is available from the
				Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida
				32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01038
.
				The effective date of this form is 7-12.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23
					 FS.
New 11-18-01, Amended 9-29-03, 3-22-12,
					 7-19-12.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.719 - Visiting By Former and Current Department and Contract Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) Former Department and Contract Employees.
				The assigned institutional classification officer shall consider approving
				former department employees and former employees of a contractor who was under
				contract with the department for visiting privileges under the following
				circumstances:
(a) Employment termination is
				more than twelve months;
(b) During
				employment the applicant did not have a documented incident of any of the
				following:
1. Revealing or discussing security
				plans or procedures with inmates,
2. Security breaches or rule violations,
3. A personal or business
				relationship with an inmate. A personal or business relationship is any that
				goes beyond what is necessary for the performance of one's job,
4. Problems which affected the security,
				order or effective management of the institution, or
5. Leaving employment under adverse
				conditions.
(c) Visiting
				shall not occur in the facility where the visitor was employed, unless five
				years have elapsed since the applicant left employment.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.720 - Sex Offender and Child Abuse Offender Visiting Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) An inmate shall not be authorized to
				visit with any person seventeen years of age or younger if:
(a) The inmate has a current or prior
				conviction under Chapter 794, 800, 827 or 847, F.S.; and,
(b) The conviction was for committing or
				attempting to commit aggravated child abuse or committing or attempting to
				commit a sex act on, in the presence of, or against a person fifteen years old
				or younger.
(c) Current and prior
				convictions from other jurisdictions comparable to the offenses listed above
				also serve as a basis for imposing visiting restrictions.
(d) Only the judge who issued an order
				imposing visitation restrictions may modify those
				restrictions.