Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.112 - Risk Management of Inmates in an Inpatient Setting

Current through Reg. 50, No. 138; July 16, 2024
(1) When an inmate is admitted to an
				inpatient unit, any prior confinement or close management status shall be
				suspended until the inmate is discharged from the specialized care setting.
				Absent inmate behavior that constitutes an immediate and present danger to the
				safety of staff and inmates, the inmate's security restraint status shall not
				be changed before the completion of their initial assessment of risk for
				violence.
(2) The Risk Assessment
				Team (RAT) shall consist of a security representative with the level Major or
				above with responsibilities in the inpatient unit, who shall serve as the team
				leader, a psychologist, and classification officer who are all assigned to the
				inpatient unit where the inmate is admitted. The RAT shall complete an initial
				assessment of risk for violence as set forth in this chapter. The RAT shall be
				responsible for making a determination of the inmate's security restraint
				status for use anytime the inmate is out of his or her cell.
(3) The RAT leader will be responsible for
				scheduling the initial assessment for the risk of violence. These risk
				assessment meetings will occur within 3 business days of an inmate's admission
				to a crisis stabilization unit, or within 7 business days of an inmate's
				admission to transitional care unit or a corrections mental health treatment
				facility, an initial assessment of risk for violence shall be completed by a
				risk assessment team using Form DC6-2087, Risk Assessment for Inpatient
				Treatment. Form DC6-2087, Risk Assessment for Inpatient Treatment, is hereby
				incorporated by reference. Copies of this form are available from the Forms
				Control Administrator, 501 South Calhoun Street, Tallahassee, Florida
				32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-14011
.
				The effective date of the form is 02/22. Decisions on the use of security
				restraints on the inpatient unit shall be individualized and made on a
				case-by-case basis and referenced in Form DC6-2087. The assessment of risk for
				violence shall include a review of all mental health and institutional records,
				the inmate's adjustment to incarceration, and the inmate's disciplinary or
				confinement status at the time of the referral for inpatient treatment and
				shall be documented in the medical file via a copy of Form DC6-2087.
(4) After the initial risk assessment, the
				Multidisciplinary Services Team (MDST), as defined in Rule
				 33-404.103, F.A.C., shall be
				responsible for modifications for housing and structured out-of-cell treatment
				and services via the Behavioral Management Progress System. Any such
				modifications shall be documented in the inmate's inpatient medical
				file.
(5) Subsequent periodic
				assessments of risk for violence shall be completed by a RAT using Form
				DC6-2087. The RAT leader will be responsible for scheduling a subsequent
				periodic risk for violence assessment within 90 days of the initial risk
				assessment and at least every 90 days thereafter. RAT reviews shall also be
				conducted within 3 business days after the occurrence of any critical event, as
				defined in Rule  33-404.103, F.A.C.
(6) At any time between the required
				intervals established in subsection (5), the psychologist, with the consent of
				the MDST, may request the risk assessment team to review and determine the
				necessity for the security restraints, or the level of security restraints, any
				time he or she is outside of his or her cell. The MDST's request will be
				documented by the psychologist in the inmate's inpatient medical file. The
				RAT's review will be documented on Form DC6-2087. An inpatient inmate whose
				conduct or behavior results in a Disciplinary Report shall be subject to the
				provisions of Rule  33-404.108, F.A.C.
(7) The psychologist will provide information
				to the other members of the RAT whether the recommended restraints are
				contraindicated by the inmate's current psychological/behavioral functioning.
				If the psychologist determines there is a contraindication, but security and/or
				classification team members determine the security restraints must be applied,
				the Warden and Florida Department of Corrections' Director of Mental Health
				Services or his or her designee will collaborate to make a final determination.
				Under no circumstances shall the psychologist decide whether an inmate shall be
				subjected to security restraints.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.49
					 FS.
New 11-7-18, Amended
					 2-10-22.