Fla. Admin. Code R. 33-602.222

Current through Reg. 50, No. 235-239, December 10, 2024

Section 33-602.222 - Disciplinary Confinement

(1) Definitions.

(a) Bureau of Braille and Talking Book Library - refers to the agency that provides books on tape, Braille books, and other auxiliary aids for individuals who are unable to read books in print due to a disability.

(b) Central Office ADA Coordinator - refers to the Department employee responsible for implementing the provisions of Title I and Title II of the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act within the Department.

(c) Clinical Health Care Personnel - refers to a physician, clinical associate, nurse correctional medical technician certified, psychologist, psychology intern, psychology resident, or psychological specialist.

(d) Disciplinary Confinement - refers to a form of punishment in which inmates found guilty of committing violations of Department rules are confined for specified periods of time to individual cells based upon authorized penalties for prohibited conduct.

(e) Housing Supervisor - refers to the correctional officer sergeant, or above, who is in charge of the disciplinary confinement unit for a particular shift.

(f) Institutional Classification Team (ICT) - refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution or facility and for making other classification recommendations to the State Classification Office. At private facilities, the Department's representative is to be considered a fourth member of the ICT when reviewing all job/program assignments, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department's representative is final.

(g) Offender Based Information System (OBIS) - refers to an electronic data system used by the Department to record and retrieve offender information.

(h) Review - refers to the evaluation of pertinent information or documentation concerning an inmate's disciplinary confinement status to determine if changes or modifications in the confinement status are required or recommended.

(i) Security Pen - refers to a specially designed flexible ink pen that bends under pressure and has a tip that retracts under excessive pressure.

(j) Senior Correctional Officer - refers to a staff member with the rank of correctional officer lieutenant or above.

(k) Shift Supervisor - refers to the correctional officer in charge of security on any work shift.

(l) Special Risk Inmate - refers to any inmate who has demonstrated behavior that is or could be harmful to himself or herself.

(m) State Classification Office (SCO) - refers to the office or Department staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(n) Visit - unless the context dictates otherwise, refers to the official inspection and tour of a confinement unit by a staff member.

(2) Placement in Confinement.

(a) An Inmate shall be given a pre-confinement medical evaluation by medical staff prior to being placed in disciplinary confinement. Any inmate currently in another confinement status who received a pre-confinement medical assessment shall not be required to have another prior to placement in disciplinary confinement.

(b) When a pregnant inmate is placed in disciplinary confinement to protect the health and safety of the pregnant inmate or others, or to preserve the security and order of the institution, the senior correctional officer or above must make a report utilizing Form DC6-1015, Report of Placement in Restrictive Housing for Pregnant Inmates, clearly stating the following:

1. The individualized reason restrictive housing is necessary;

2. The reason less restrictive means are not available; and,

3. Whether a qualified healthcare professional at the correctional institution objects to the placement.

A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in disciplinary confinement. Form DC6-1015 is incorporated by reference in Rule 33-602.220, F.A.C.

(3) Disciplinary Confinement Cells.

(a) Disciplinary confinement cells shall be physically separated from other confinement cells whenever possible. Whenever such location is not possible, physical barriers shall preclude the cross association of those inmates in disciplinary confinement with those inmates in other housing statuses. Disciplinary confinement cells shall be approximately the same square footage as cells utilized for housing inmates in general population. Disciplinary confinement units shall be built to permit verbal communication with and unobstructed observation by staff. Visual inspections shall be conducted of each cell, including, at a minimum, observations to identify clothes lines, pictures attached to the walls and lockers, windows or light fixtures covered with paper, clothes, or towels, and air and heater vents that have been obstructed. When sufficient natural light is unavailable, interior cell lights shall be left on during day and evening hours.

(b) Inmates shall not be housed in a disciplinary confinement cell in greater number than there are beds in the cell. The only exception to this policy is during an emergency situation as declared by the warden or duty warden. Any emergency situation shall be communicated to the regional director of institutions and to the Emergency Action Center in the central office. If this exception exists in excess of 24 hours, the warden or duty warden must get specific written authorization from the regional director of institutions to continue to house inmates beyond the 24-hour period in such conditions. Prior to placing inmates in the same cell, the inmates shall be reviewed by the housing supervisor to ensure that none of the inmates constitute a threat to any of the others.

(c) All disciplinary confinement cells shall be equipped with toilet facilities and running water for drinking and other sanitary purposes. Water in the cell can be turned off by correctional staff due to an inmate's inappropriate behavior that causes an interruption in the water system or the intentional misuse of water for an unauthorized purpose. In such event, the inmate occupant shall be furnished an adequate supply of drinking water by other means to prevent dehydration. These actions shall be documented on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(d) Prior to the inmate's placement into, and after the inmate's removal from, a disciplinary confinement cell, the cell shall be thoroughly inspected to ensure that it is in proper order and the inmate housed in that cell shall then be held responsible for the condition of the cell. The correctional officer conducting the inspection shall complete and sign Form DC6-221, Cell Inspection, attesting to the condition of the cell. Form DC6-221 is incorporated by reference in Rule 33-601.800, F.A.C. Routine searches of each cell are authorized at any time, but shall be conducted, at a minimum, each time an inmate is removed from the cell for a shower. All searches shall be documented on Form DC6-229, Daily Record of Special Housing. All inmates shall be searched prior to entering the disciplinary confinement unit and upon departure from the disciplinary confinement unit. All items entering the disciplinary confinement unit shall be thoroughly searched, including at a minimum, food carts and trays, laundry and linens, and inmate property.

(e) The officers assigned to a disciplinary confinement unit shall exercise care to maintain noise levels in the confinement unit at a reasonable level so as not to interfere with normal operating activities of the unit or institution.

(4) Conditions and Privileges.

(a) Clothing. Inmates in disciplinary confinement shall be provided the same clothing and clothing exchange as inmates in general population. Exceptions shall be made on an individual basis when evidence suggests it would be in the best interest of the inmate or security of the institution. In such cases, the exceptions shall be noted on Form DC6-229, Daily Record of Special Housing, and approved by the chief of security. Shower slides may be substituted for regulation shoes. Any item may be removed from the cell in order to prevent the inmate from inflicting injury to himself, herself, or to others, or to prevent the destruction of property or equipment. If an inmate's clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Bedding and Linens. Inmates in disciplinary confinement shall have bedding and linens issued and exchanged in the same manner as is provided to inmates in general population. Any exception shall be based on the potential threat of harm to an individual or a potential threat to the security of the institution. The shift supervisor or the confinement lieutenant must approve the action initially. All exceptions shall be documented on Form DC6-229, Daily Record of Special Housing, and the Chief of Security shall make the final decision regarding the appropriateness of the action no later than the next working day following the action.

(c) Personal Property. Inmates in disciplinary confinement shall be allowed to retain stamps, eyeglasses, hearing aids, personal watches, and rings unless they pose a potential threat of harm to an individual or a potential threat to the security of the institution. Inmates in disciplinary confinement may also possess religious items pursuant to the provisions of Rule 33-602.201, F.A.C. Inmates in disciplinary confinement may possess a tablet in accordance with Rule 33-602.900, F.A.C., and this rule. Inmates in disciplinary confinement may not possess a Walkman-type radio or batteries. If removal of any item in the inmate's possession is determined necessary, the correctional staff shall document their actions on the Form DC6-229, Daily Record of Special Housing, which shall be approved by the chief of security. The correctional staff shall issue the inmate a receipt for his or her confiscated items by completing Form DC6-220, Inmate Impounded Property List. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. Inmates in disciplinary confinement shall not possess any products that contain baby oil, mineral oil, cocoa butter, or alcohol.

(d) Comfort Items. Inmates in disciplinary confinement shall be afforded, at a minimum, the following comfort items: toothbrush, toothpaste, bar of soap, towel (or paper towels), toilet tissue, and feminine hygiene products for women.

(e) Personal Hygiene. Inmates in disciplinary confinement shall meet the following standards regarding personal hygiene:

1. At a minimum, each inmate in disciplinary confinement shall shower three times per week.

2. Any male inmate who elects to be clean shaven shall be clipper shaved three times per week. Any male inmate who elects to grow and maintain a half-inch beard shall have his beard maintained in accordance with Rule 33-602.101, F.A.C. The possession and use of shaving powder and battery-operated razors in disciplinary confinement is prohibited.

3. Hair care shall be the same as that provided to, and required of, inmates in general population.

(f) Diet and Meals. Inmates in disciplinary confinement shall receive meals representative of the food served to inmates in general population. Any food item that might create a security problem in the confinement unit shall be replaced with another item of comparable quality and quantity. Utilization of a special management meal is authorized for any inmate in disciplinary confinement who uses food or food service equipment in a manner that is hazardous to himself, herself, staff, or other inmates. The issuance of a special management meal shall be in accordance with Rule 33-602.223, F.A.C. Any deviation from established meal service or substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C., and Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(g) Canteen Items. Inmates in disciplinary confinement shall be allowed to make canteen purchases once every other week. Items sold to inmates in disciplinary confinement shall be restricted for institutional safety and security. Non-indigent inmates shall be allowed to purchase deodorant, shower shoes, stamps, envelopes, security pens, and paper.

(h) Counseling Interviews. Inmates shall be allowed out of their cells to receive regularly scheduled mental health services as specified in an inmate's ISP unless the inmate has displayed hostile, threatening, or other behavior during the past four hours that could present a danger to others. For the safety and security of individuals and the institution, security staff shall determine the level of restraint required while inmates in disciplinary confinement access services outside their cells.

(i) Visiting.

1. Inmates in disciplinary confinement shall be allowed visits only when specifically authorized by the warden or his or her designee.

2. When an inmate is denied visiting privileges or has special visiting restrictions due to placement in disciplinary confinement, the warden, pursuant to Rule 33-601.733, F.A.C., shall ensure:

a. That the inmate is provided the opportunity, at the inmate's expense, to notify at least three approved visitors of the denial or restrictions before the next scheduled visiting day if the situation permits the inmate to do so, or that staff notifies visitors by telephone if the inmate is unable to do so.

b. That notification of visitors on the inmate's behalf by staff is documented in the electronic record.

3. Inmates in disciplinary confinement are not allowed video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(j) Legal visits. Attorney-client visits shall be allowed as provided in Rule 33-601.711, F.A.C., and shall not be restricted except on evidence that the visit would pose a potential threat to an individual or the security or order of the institution. The warden or his or her designee must approve all legal visits in advance.

(k) Legal Access.

1. Inmates in disciplinary confinement shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver research materials to their cells, and to visit with certified inmate law clerks. Steps shall be taken to ensure that inmates are not denied needed legal access while in disciplinary confinement.

2. Indigent inmates shall be provided paper, envelopes, and security pens in order to prepare legal papers or notify visitors of confinement status. An inmate with disabilities that hinder the preparation of legal correspondence shall be allowed the use of auxiliary aids. An inmate who is provided an auxiliary aid shall also be allowed access to a certified law clerk for the purpose of preparing legal documents or legal mail, or filing a grievance.

(l) Telephone. Telephone privileges are allowed for emergency situations, when necessary to ensure the inmate's access to attorneys or the courts, or in any other circumstances when a call is authorized by the warden or duty warden.

(m) Correspondence.

1. Inmates in disciplinary confinement shall be allowed routine correspondence privileges unless restricted as provided in Rule 33-601.308, F.A.C., Disciplinary Action. Inmates shall be encouraged to write their families to advise them of their anticipated visiting status. Indigent inmates shall be provided paper, envelopes, and security pens for this purpose.

2. Form DC6-236, Inmate Request, and Form DC1-303, Request for Administrative Remedy, shall be made available to inmates in disciplinary confinement at any time and the completed forms shall be transmitted to the addressee without delay. Forms DC6-236 and DC1-303 are incorporated by reference in Rule 33-103.011, F.A.C.

(n) Writing utensils. Inmates in disciplinary confinement may possess a maximum of four security pens. Inmates who are in possession of working pens or pencils when placed in disciplinary confinement shall be issued a security pen. Inmates who are not indigent must purchase additional security pens when needed from the canteen. If no security pens are available, the inmate shall be allowed to sign out a regular pen from the confinement housing officer. All care shall be taken to ensure that an indigent inmate who requests a pen has access to a pen for a time period sufficient to prepare legal documents or legal mail, to file a grievance, or to notify family of his or her confinement status. An inmate who has been provided an auxiliary aid shall be allowed access to such for the purpose of reading or preparing correspondence.

(o) Reading Material. Possession of scriptural and devotional reading materials that are in compliance with admissibility requirements in Rule 33-501.401, F.A.C., shall be permitted by those inmates in disciplinary confinement units unless they pose a potential threat to the safety, security, or sanitation of the institution. If it is determined that there is a safety, security, or sanitation risk, the items shall be removed. Such removal shall be documented on Form DC6-229, Daily Record of Special Housing, in accordance with paragraph (9)(b) of this rule. An inmate who receives services from the Bureau of Braille and Talking Book Library shall be allowed to possess a tape player and devotional and scriptural materials that are in compliance with this rule.

(p) Exercise.

1. Those inmates confined on a 24-hour basis, excluding showers and clinic trips, may exercise in their cells. However, if disciplinary confinement extends beyond a 30-day period, an exercise schedule shall be implemented to ensure a minimum of three hours per week of exercise out-of-doors. Such exercise periods shall be documented on Form DC6-229, Daily Record of Special Housing.

2. If the inmate requests a copy of the physical fitness program handout, the wellness specialist or confinement unit correctional officer shall provide the inmate with an in-cell exercise guide and document such on the Form DC6-229, Daily Record of Special Housing.

3. The ICT is authorized to restrict exercise for an individual inmate only when the inmate is found guilty of a major rule violation as defined in Rule 33-602.220, F.A.C. Inmates shall be notified in writing of this decision and may appeal through the grievance procedure. The denial of exercise shall be for no more than 15 days per incident and for no longer than 30 days cumulative length and shall be documented on Form DC6-229, Daily Record of Special Housing. Exceptions to this restriction may be made only when documented facts show that such exercise periods should not be granted. Restrictions may also be placed on the exercise periods by professional medical staff. A disabled inmate who is unable to participate in the normal exercise program shall have an exercise program developed for him or her that will accomplish the need for exercise and take into account the particular inmate's limitations. The reasons for any exercise restrictions shall be documented on Form DC6-229.

(q) Weighing. Inmates shall be weighed upon entering disciplinary confinement, at least once a week while in disciplinary confinement, and upon leaving disciplinary confinement. The weight of the inmate shall be documented on Form DC6-229, Daily Record of Special Housing.

(r) If items of clothing, bedding, or property are removed in order to prevent an inmate from inflicting injury to himself or herself or others, to prevent destruction of property or equipment, or to prevent the inmate from impeding security, staff from accomplishing functions essential to the unit and institutional security, staff shall re-assess the need for continued restriction every 72 hours thereafter. The warden, based on this assessment, shall make the final determination on the continued denial or return of the items. The items shall be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction is occurring.

(s) Inmates in disciplinary confinement are permitted limited access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Access shall be limited to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

(5) Restrictions.

(a) Any privilege listed in subsection (4), except access to essential health items (including prescribed medication) and receiving and sending legal mail or grievance forms, shall be subject to restriction when an inmate's conduct and behavior become unmanageable to the point that the inmate is posing a potential threat to the safety and security of himself or herself, others, or the institution.

(b) When any privilege is restricted or any item is removed from an inmate's cell, the action taken must be approved by the shift supervisor or confinement lieutenant. The action taken and the reason for it shall be documented on Form DC6-229, Daily Record of Special Housing. A copy of Form DC6-220, Inmate Impounded Property List, shall be issued to the inmate as a receipt for any property taken. This action must be reviewed and approved by the chief of security no later than the next working day following the action.

(6) Restraint and Escort Requirements.

(a) Prior to opening a cell door for any reason, including exercise, medical or disciplinary call-outs, telephone calls, recreation, and visits, all inmates in the cell shall be handcuffed behind their backs, unless documented medical conditions require that an inmate be handcuffed in front. In such cases, waist chains shall be used in addition to the handcuffs and the escort officers shall be particularly vigilant.

(b) A minimum of two officers shall be physically present at the cell whenever a cell door is opened.

(c) Prior to escorting an inmate from a cell, the inmate shall be thoroughly searched. If the inmate is being taken outside the immediate housing unit, leg irons and other appropriate restraint devices shall be applied.

(d) After the required restraints are applied, the inmate has been thoroughly searched, and the cell door has been secured, the second officer is authorized to leave the area.

(e) If two inmates are being escorted from the same cell, both inmates can be escorted at the same time, provided that the second officer remains to escort the second inmate and no other movement is occurring on the wing. During all other situations, only one inmate at a time shall be escorted on each confinement wing.

(7) Visits to Disciplinary Confinement.

(a) The following staff members are required to officially inspect and tour the disciplinary confinement unit. All visits by staff, other than the 30-minute checks described in subparagraph (a)1. below, must be documented on Form DC6-228, Inspection of Special Housing Record. Form DC6-228 is incorporated in Rule 33-601.800, F.A.C. The staff member must also document his or her visit on Form DC6-229, Daily Record of Special Housing, if any discussion of significance, any action or behavior of the inmate occurs, or any important information is obtained that may have an influence or effect on the inmate's status of confinement. These visits shall be conducted a minimum of:

1. Every 30 minutes by a correctional officer, but on an irregular schedule. These checks must be documented on Form DC6-209, Housing Unit Log.

2. Daily by the housing supervisor.

3. Daily by the shift supervisor on duty for all shifts except in the case of riot or other institutional emergency.

4. Weekly by the chief of security, when on duty at the facility, except in the case of riot or other institutional emergency.

5. Daily by a clinical health care personnel.

6. Weekly by the chaplain. The chaplain is also authorized to provide spiritual guidance and counsel to inmates in disciplinary confinement and may distribute religious materials.

7. Weekly by the warden and assistant wardens.

8. As frequently as necessary, but not less than once every 30 days, by a member of the ICT to ensure that the inmate's welfare is properly provided for and to determine the time and method of release.

9. The SCO shall visit every inmate housed in disciplinary confinement, longer than sixty consecutive days, excluding close management inmates, as frequently as necessary to ensure that the inmate's welfare is provided for and to determine if the inmate should be released.

(b) Classification officers must visit each inmate on his or her caseload each week and document the visit on Form DC6-229, Daily Record of Special Housing. The classification officer must record the inmate's status, upcoming reviews, issues, discussions of significance, action or behavior of the inmate, or any other important information that may have an influence or effect on the inmate's status of confinement.

(c) Any inmate who has demonstrated behavior that is or could be harmful to himself or herself shall be designated as a special risk inmate. If the inmate exhibits bizarre, mentally disordered, or self-destructive behavior, the medical department shall be immediately contacted by correctional staff to determine if special watch or self-harm observation procedures should be initiated. Suicidal inmates shall be removed to a designated area where a correctional officer or medical staff can provide observation. Visual checks shall be made in accordance with medical protocols or at least every 30 minutes and shall be documented on Form DC4-650, Observation Checklist, until the inmate is no longer considered a special risk inmate. Form DC4-650 is incorporated by reference in Rule 33-602.220, F.A.C. All actions taken by staff regarding special risk inmates shall be documented on Form DC6-229, Daily Record of Special Housing, and Form DC6-210, Incident Report. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(8) Review and Release from Disciplinary Confinement.

(a) A member of the ICT shall review the cases of inmates in disciplinary confinement every week. The goal shall be toward returning an inmate to general population as soon as the facts of the case indicate that this can be done safely.

(b) Any inmate assigned to disciplinary confinement for more than 30 days shall be given a psychological screening assessment by a mental health professional to determine the inmate's mental condition. The assessment shall include a personal interview if deemed necessary by the mental health professional. All such assessments shall be documented in the mental heath record. The psychologist or psychological specialist shall prepare a report to the ICT regarding the results of the assessment with recommendations. The ICT shall then make a decision regarding continuation of confinement. If the decision is to continue confinement, a psychological screening assessment shall be completed at least every 90 days.

(c) If an inmate is housed in disciplinary confinement for more than 60 days, the ICT shall interview the inmate and prepare a formal assessment and evaluation report. A formal assessment and evaluation report must be prepared after each consecutive 60-day period the inmate is housed in disciplinary confinement. Such reports may be in a brief paragraph form on the Classification Log in OBIS detailing the basis for confinement, what has transpired since the last report, the decision concerning continued disciplinary confinement, and the basis for that decision. Close management inmates in disciplinary confinement status must be included in the formal assessment.

(d) The SCO shall review the report prepared by the ICT and the psychologist or psychological specialist concerning the inmate's disciplinary confinement at the next on-site visit, and shall interview the inmate before determining the final disposition of the inmate's disciplinary confinement.

(e) The housing supervisor is authorized to have an inmate released from disciplinary confinement upon completion of his or her disciplinary confinement time, unless the ICT has determined that a need exists to modify the inmate's status to administrative confinement.

(9) Daily Record of Segregation.

(a) Form DC6-229, Daily Record of Special Housing, shall be maintained for each inmate as long as the inmate is in disciplinary confinement.

(b) Form DC6-229 shall be utilized to document any activity such as cell searches, items removed, showers, weighing of inmates, recreation, haircuts, and shaves, and unusual occurrences such as refusal to come out of a cell or refusal to eat. If items that inmates in disciplinary confinement are not prohibited from possessing are denied or removed from the inmate, the shift supervisor or the confinement lieutenant must approve the action initially. The central office ADA coordinator shall be contacted within 24 hours if any item is removed that would be considered an auxiliary aid or device that ensures a disabled inmate an equal opportunity as a non-disabled inmate. The items denied or removed shall be documented on Form DC6-229 and the chief of security shall make the final decision regarding the appropriateness of that action no later than the next working day following the action. The housing supervisor shall make a notation of any unusual occurrences or changes in the inmate's behavior and any action taken. Changes in housing location or any other special action shall also be noted. Form DC6-229 shall be maintained in the housing unit for 30 days. After each 30-day review by a member of the ICT, Form DC6-229 shall be forwarded to classification to be filed in the institutional inmate record.

(10) Form DC6-229B, Daily Record of Special Housing - Supplemental, shall be completed and attached to the current Form DC6-229, Daily Record of Special Housing, whenever additional written documentation is required concerning an event or incident related to the specific inmate. Form DC6-229B is incorporated by reference in Rule 33-601.800, F.A.C.

(11) Inspection of Special Housing Record.

(a) Form DC6-228, Inspection of Special Housing Record, shall be maintained in each disciplinary confinement unit.

(b) Each staff person shall sign the form when entering and leaving the disciplinary confinement unit. Prior to leaving the disciplinary confinement unit, each staff member shall indicate any specific problems, including identification of any inmate who requires special attention. No other unit activities shall be recorded on Form DC6-228.

(c) Upon completion, Form DC6-228 shall be maintained in the housing unit and shall be forwarded to the chief of security on a weekly basis where it shall be maintained on file pursuant to the current retention schedule.

(12) Form DC6-209, Housing Unit Log, shall be maintained in each disciplinary confinement unit. Officers shall record all daily unit activities on Form DC6-209, including any special problems or discrepancies noted. The completed Form DC6-209 shall be forwarded daily to the chief of security for review.

(13) Staffing issues.

(a) Officers assigned to a disciplinary confinement unit shall be reviewed at least every 18 months. The shift supervisor or confinement lieutenant shall initiate the review by having the officer complete section I of Form DC6-295, Special Housing Unit Rotation Review. Form DC6-295 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is June 25, 2008. The supervisor shall conduct an interview with the officer and complete section II of Form DC6-295 and forward the form to the chief of security. The chief of security shall review personnel records, including performance appraisals, incident reports, use of force reports, and any other documentation relevant to the officer's assignment and job performance, and interview the officer and the officer's supervisors for the period of review when necessary. The chief of security shall, upon completion of his or her review, complete section III of Form DC6-295 and forward the recommendation to the warden. The warden shall review the recommendation, request additional information if necessary, and make the final determination as to whether the officer continues in the current assignment or is rotated to another assignment. The warden's decision shall be documented in section IV of Form DC6-295 and returned to the chief of security for action. The chief of security shall maintain the completed Form DC6-295. Any officer assigned to a confinement post shall be authorized a minimum period of five days annual leave or a five-day assignment to a less stressful post every six months.

(b) The Inspector General shall notify the warden and regional director of institutions of any officer involved in eight or more use of force incidents in an 18-month period. The regional director of institutions shall review the circumstances for possible reassignment of the officer.

Fla. Admin. Code Ann. R. 33-602.222

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.241 FS.

New 3-12-84, Formerly 33-3.084, Amended 7-10-90, 4-28-96, 12-7-97, 3-23-99, Formerly 33-3.0084, Amended 2-12-01, 2-15-02, 4-1-04, 1-16-06, 10-31-06, 6-25-08, 6-8-09, 7-5-10, 3-6-14, Amended by Florida Register Volume 42, Number 149, August 2, 2016 effective 8/17/2016, Amended by Florida Register Volume 47, Number 002, January 5, 2021 effective 1/18/2021, Amended by Florida Register Volume 47, Number 096, May 18, 2021 effective 6/1/2021, Amended by Florida Register Volume 48, Number 183, September 20, 2022 effective 10/6/2022.