Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.108 - Discipline and Confinement of Mentally Disordered Inmates

Current through Reg. 50, No. 138; July 16, 2024
(1) Inmates diagnosed as mentally ill shall
				be subject to the provisions of Rules
				 33-601.301 -.314, F.A.C., Inmate
				Discipline, except as as provided in this rule and Rule
				 33-404.112, F.A.C.
(2) The psychologist or psychiatrist are
				authorized to provide written or verbal input to the disciplinary team prior to
				disciplinary action being taken against any inmate who has a diagnosed mental
				illness. The input shall be limited to whether the patient's mental illness may
				have contributed to the alleged disciplinary offense and, if so, a
				recommendation for disposition or sanction options or alternative
				actions.
(3) Prior to the issuance
				of a disciplinary report for an incident of maladaptive behavior occurring in a
				Florida Department of Corrections inpatient mental health unit or in the
				residential continuum of care units, the correctional officer shift supervisor
				shall discuss the incident and circumstances with the supervising psychologist
				or the psychological services director to determine whether a disciplinary
				report will be issued. The consultation will be documented in the inmate's
				mental health record.
(4) For
				inmates receiving any inpatient level of care who have been issued a
				disciplinary report, written input must be provided by a psychologist, or a
				psychiatrist in the absence of the psychologist. For inmates in outpatient
				settings who have been issued a disciplinary report, written input by a
				psychologist, or a psychiatrist in the absence of the psychologist, must be
				provided for those inmates that have a current diagnosis associated with
				documented psychotic features, autism spectrum disorder, dementia, or
				intellectual disability.
(5) The
				written input by the psychologist, or a psychiatrist in the absence of the
				psychologist, will be documented on Form DC6-1008, Disciplinary Team Mental
				Health Consultation, and will be the result of a record review, a review of a
				copy of the statement of facts, and a clinical interview with the inmate. Form
				DC6-1008 will be completed and provided to the disciplinary team prior to the
				disciplinary hearing. The results of the clinical assessment shall also be
				documented in the inmate's medical file. The disciplinary team shall
				incorporate the written input by the psychologist, or a psychiatrist in the
				absence of the psychologist, into their final decision. Form DC6-1008,
				Disciplinary Team Mental Health Consultation, 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-10014
.
				The effective date of the form is 11/18.
(6) For inmates receiving any inpatient level
				of care who have been found guilty of a disciplinary charge, the disciplinary
				process shall proceed in accordance with Rules
				 33-601.301 -601.314, F.A.C.,
				except these inmates shall not receive a penalty of disciplinary confinement.
				In lieu of disciplinary confinement, as provided in Rule
				 33-602.222, F.A.C., the
				disciplinary team's findings shall be referred to the Multidisciplinary
				Services Team (MDST) for review and revision to the Individualized Services
				Plan, Form DC4-643A, as incorporated in Rule
				 33-601.800, F.A.C., and for
				consideration of adjustment of privileges in accordance with the Behavioral
				Management Progress System, Form DC4-664B.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.49
					 FS.
New 5-27-97, Amended 7-9-98, Formerly 33-40.008, Amended
					 7-9-12, 11-7-18.