Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.717 - Visitation Denial

Current through Reg. 50, No. 138; July 16, 2024
(1) An applicant
				will not be denied visitation based on the disability, race, creed, color, or
				national origin of the inmate or applicant. Visitation will not be denied for
				any reason unrelated to the security, good order, or rehabilitative objectives
				of an institution.
(2) The assigned
				institutional classification officer has the authority to refuse to approve
				visitation for applicants with prior negative visitation behavior based on the
				security threat the behavior poses to an institution or institution staff, the
				nature of the behavior, and the time elapsed since the behavior occurred.
				Denial of visitation will be permanent if the applicant was involved in or
				assisted in an escape or attempted escape from any secured facility.
(3) Visitation will be denied if the
				applicant advocates or has advocated violence among inmates or against staff or
				the violation of any federal or state law or rule, or is a danger to the
				safety, security, or good order of an institution.
(4) Visitation will be denied during an
				emergency declared pursuant to Rule
				 33-601.722, F.A.C.
(5) An applicant will be denied permission to
				visit based on the following criteria:
(a) The
				applicant's possession, introduction, or attempted introduction of contraband
				into any facility where the contraband is prohibited.
(b) The applicant's escape or attempted
				escape, or their assistance in or attempt to assist in an escape or attempted
				escape from any secured facility.
(c) The nature and extent of the applicant's
				criminal record, the consideration of which includes:
1. A family-member applicant's release from
				incarceration in any jurisdiction for a felony conviction within the last two
				years if the applicant was not incarcerated at any time in the institution
				where visitation is requested.
2. A
				family-member applicant's release from incarceration in any jurisdiction for a
				felony conviction within the last five years if the applicant was incarcerated
				at any time in the institution where visitation is requested.
3. The applicant's release from incarceration
				in any jurisdiction for a misdemeanor conviction within the last
				year.
4. The applicant's current
				community supervision status or termination from community supervision in any
				jurisdiction within the past one year.
5. If the disposition of an applicant's
				arrest is not reflected in their criminal record, the disposition must be
				ascertained prior to approval or denial of the application. If additional
				documentation regarding an arrest is needed by the Department, the applicant
				will be responsible for providing official documentation showing the
				disposition and circumstances of the arrest in question.
(d) A non-family member applicant previously
				incarcerated in any jurisdiction for a felony conviction may be allowed
				visitation privileges only if the warden determines that the rehabilitative
				value of visitation outweighs the potential threat to security and any
				potential negative influence on the inmate. Factors to be considered in making
				this determination include the adjustment record of the applicant while
				incarcerated, the relationship of the applicant to the inmate during
				incarceration, the relationship of the applicant to the inmate prior to and
				after incarceration, the likelihood that the applicant can assist the inmate in
				successfully reentering society, and the length of time after release that the
				applicant has resided in the community without involvement in the criminal
				justice system. Visitor approval under this paragraph will be subject to the
				time constraints set forth in subparagraphs (5)(c)1., 2., and 3. of this
				rule.
(e) The applicant is a former
				employee of the Department or a Department contractor whose application must be
				evaluated pursuant to Rule
				 33-601.719, F.A.C.
(f) The applicant is a former Department
				volunteer whose conduct as a volunteer violated any Department rule or
				compromised in any manner the safety, security, or orderly operation of an
				institution.
(g) The applicant has
				committed repeated violations of departmental rules or procedures during one or
				more visits within the preceding five years.
(h) Either the inmate or applicant gave false
				or misleading information to obtain visitation privileges within the past six
				months, unless it is determined by the reviewing classification officer that
				the information was provided as a result of an unintentional error. Discovery
				of falsification of visitor information after a visitor has been approved for
				visitation will result in the suspension of the visitor's visitation privileges
				pursuant to Rule  33-601.731, F.A.C.
(i) The applicant is a victim of the inmate's
				current or prior offense with consideration of the nature of the inmate's
				offense, the extent of the victimization, and the relationship of the victim to
				the inmate.
(j) The applicant is a
				co-defendant of the inmate in a current or prior offense.
(k) The applicant provided testimony,
				documentation, or physical evidence that assisted the prosecution in the
				inmate's conviction or incarceration.
(l) The applicant has an active protection
				order or injunction against the inmate to be visited or the inmate has an
				active protection order or injunction against the applicant.
(m) The applicant is an illegal
				alien.
(n) The applicant's
				visitation privileges with regard to any current inmate are temporarily
				suspended, suspended, or indefinitely suspended. The applicant will be eligible
				to request reinstatement upon the expiration of the suspension period, as
				described in Rule  33-601.732, F.A.C.
(o) The applicant's visitation threatens the
				safety, security, good order, or effective management of an
				institution.