Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.307 - Disciplinary Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) No hearing shall commence prior to 24
				hours following the delivery of the charges except when the inmate's release
				date does not allow time for such notice or the inmate waives the 24 hour
				period. In such cases, an explanation shall be provided in the basis of
				findings section of the disciplinary report. The inmate may waive the 24-hour
				waiting period. In such cases, a waiver must be signed by the inmate, witnessed
				by an employee, and copies attached to each copy of the disciplinary report.
				Form DC6-112D, 24 Hour/Refusal to Appear Waiver Form, shall be used for this
				purpose. The disciplinary team or hearing officer shall provide an explanation
				in the basis of findings section whenever the waiver process is utilized. Form
				DC6-112D is incorporated by reference in Rule
				 33-601.313, F.A.C.
(b) The inmate charged shall be present at
				the disciplinary hearing unless a confirmed medical condition makes the inmate
				unable to attend, the inmate demonstrates disruptive behavior, either before or
				during the hearing, that impedes the process or poses a threat to the safety of
				others or the security of the institution, or the inmate has waived his right
				to be present. If the inmate waives the right to be present or refuses to be
				present, Form DC6-112D, 24 Hour/Refusal to Appear Waiver Form, shall be signed
				by the inmate and witnessed by an employee. If the inmate refuses to sign the
				form, this shall be noted and signed by the employee. When an inmate waives the
				right to be present at the hearing, the inmate may not submit a written closing
				statement to the disciplinary team or hearing officer in place of the oral
				closing statement permitted in paragraph (1)(g). If the inmate's disruptive
				conduct makes it necessary to remove the inmate from the hearing, the hearing
				shall be conducted in the inmate's absence. The reason for the inmate's absence
				shall be explained in the basis of decision section of the disciplinary
				report.
(c) The hearing officer or
				disciplinary team member shall read the charge, ask the inmate if the charge is
				understood, and explain the range of penalties that could be imposed if there
				is a finding of guilt.
(d) The
				inmate shall be asked whether staff assistance is required or desired for the
				hearing. If in the opinion of the hearing officer or disciplinary team the
				inmate needs staff assistance, such assistance shall be assigned.
(e) In the case of minor violations the
				hearing officer shall explain to the inmate that he may request that the case
				be referred to the disciplinary team.
(f) The hearing officer or disciplinary team
				shall read the statement of facts to the inmate and the inmate shall be asked
				to plea.
(g) If the inmate pleads
				"guilty, " no further evidence needs to be heard. If the inmate pleads "not
				guilty, " evidence is to be presented, including witness statement forms
				obtained from witnesses. If evidence is not revealed to the inmate, the
				reason(s) shall be documented in the comment section of Form DC6-112B, Witness
				Disposition Form, the comment section of Form DC6-151, Documentary or Physical
				Evidence Disposition or the comment section of Form DC6-2028, Disposition of
				Videotape/Audiotape Evidence, depending on the nature of the evidence, and in
				the witness comments section in the Department's automated database. Forms
				DC6-112B, DC6-151, and DC6-2028 are incorporated by reference in Rule
				 33-601.313, F.A.C. The inmate
				may make only an oral closing statement concerning the infraction for
				consideration by the hearing officer or disciplinary team. In the event the
				inmate refuses to enter a plea, it shall be treated as a "not guilty" plea
				insofar as hearing procedures are concerned. A "no contest" plea shall be
				handled as a guilty plea.
(h) The
				hearing officer or disciplinary team shall ensure the following in accordance
				with Rule  33-601.308, F.A.C.:
1. That a decision of guilt or innocence is
				made only on the official charge listed on the disciplinary report;
2. That the disciplinary action is
				proportionate to the infraction;
The hearing officer or the disciplinary team may utilize
				  available resource personnel such as health services staff, work supervisors,
				  or other personnel in a consultative capacity. When consultations occur as part
				  of the hearing process it shall be documented in the basis of findings section
				  of the Disciplinary Report.