Florida Regulations 33-601.302: Inmate Discipline – Terminology and Definitions
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The following terms, as defined, shall be standard usage throughout the Department:
(1) Classification Officer – As used herein, refers to any classification officer position, including senior classification officer and classification supervisor.
(2) Contact Card – Refers to Form DC6-256, a written log used to document behavior of an inmate, other than an inmate in administrative confinement, disciplinary confinement or close management. Correctional officers maintain this card in the inmate’s assigned dormitory. Form DC6-256 is incorporated by reference in Fl. Admin. Code R. 33-601.313(1)(c)
(3) Corrective Consultation – A written reprimand for a violation of rules of such a minor nature that no disciplinary report is necessary.
(4) Department Head – The staff person in charge of a work unit at a correctional facility.
(5) Designating Authority – The classification supervisor responsible for the review of disciplinary reports prior to hearing to determine if the disciplinary report is in accordance with due process requirements and Rules 33-601.301-.314, F.A.C., and whether it shall be designated as minor or major as defined by subsections 33-601.302(11) and (12), F.A.C.
(6) Disciplinary Hearing – The procedure used to provide administrative due process requirements for inmates charged with violating the rules of the Department.
(7) Disciplinary Report – A formal method of charging an inmate with a rule violation. The disciplinary report is an Offender Based Information System (OBIS) computer screen entry into the Automated Discipline and Integrated Offender System (ADIOS).
(8) Disciplinary Team – A team made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor, who serves as team chair at the direction of the warden, and a correctional officer lieutenant or above, who will be responsible for hearing disciplinary reports. The correctional officer chief shall designate a correctional officer sergeant as a substitute team member only if neither a lieutenant nor captain is available and only when such substitution is absolutely necessary.
(9) Hearing Officer – An employee who will be responsible for hearing disciplinary reports designated as minor.
(10) Investigator – The staff member assigned to investigate infractions, conduct interviews and collect evidence relating to the disciplinary infraction.
(11) Major Violation – Any rule violation where the maximum penalty is 30 DC and 30 GT or greater, or where the maximum penalty is less than 30 DC and 30 GT and the designating authority has determined that based upon one or more of the criteria listed in subsection 33-601.302(12), F.A.C., it is assigned to the disciplinary team as a major disciplinary report.
(12) Minor Violation – Any rule violation for which the maximum penalty that could be imposed is less than 30 days disciplinary confinement or 30 days loss of gain time shall be considered for assignment to the hearing officer as a minor disciplinary report based on:
(a) The nature and circumstances of the offense;
(b) The inmate’s disciplinary history;
(c) The period of time that has elapsed since the inmate’s last disciplinary report.
(13) Rehearing – A process to reconsider the disciplinary report due to discovery of an error at any time after a finding of guilt.
(14) Staff Assistant – An employee, appointed by the warden, whose name is placed on a list maintained by the disciplinary team and who is assigned by the team to assist the inmate. A staff assistant is not to take the position of an advocate or defense attorney. A staff assistant is assigned to an inmate under the following circumstances:
(a) To explain the charges or disciplinary procedures to the inmate,
(b) To assist the inmate when the disciplinary team determines that the inmate is illiterate or does not understand English,
(c) When the inmate has a disability that would hinder his or her ability to represent himself or herself,
(d) When the complexity of the issue makes it unlikely that the inmate will be able to properly represent himself.
(15) Shift Supervisor – The correctional officer in charge of security on any work shift.
(16) Witness – Any person having information relevant to facts in dispute of the case.
Rulemaking Authority 944.09 FS. Law Implemented Florida Statutes § 944.09. History-New 3-12-84, Formerly 33-22.02, Amended 12-30-86, 10-1-95, Formerly 33-22.002, Amended 5-21-00, 2-11-01, 9-16-04, 7-25-06, 1-28-07.
Terms Used In Florida Regulations 33-601.302
- Defense attorney: Represent defendants in criminal matters.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) Contact Card – Refers to Form DC6-256, a written log used to document behavior of an inmate, other than an inmate in administrative confinement, disciplinary confinement or close management. Correctional officers maintain this card in the inmate’s assigned dormitory. Form DC6-256 is incorporated by reference in Fl. Admin. Code R. 33-601.313(1)(c)
(3) Corrective Consultation – A written reprimand for a violation of rules of such a minor nature that no disciplinary report is necessary.
(4) Department Head – The staff person in charge of a work unit at a correctional facility.
(5) Designating Authority – The classification supervisor responsible for the review of disciplinary reports prior to hearing to determine if the disciplinary report is in accordance with due process requirements and Rules 33-601.301-.314, F.A.C., and whether it shall be designated as minor or major as defined by subsections 33-601.302(11) and (12), F.A.C.
(6) Disciplinary Hearing – The procedure used to provide administrative due process requirements for inmates charged with violating the rules of the Department.
(7) Disciplinary Report – A formal method of charging an inmate with a rule violation. The disciplinary report is an Offender Based Information System (OBIS) computer screen entry into the Automated Discipline and Integrated Offender System (ADIOS).
(8) Disciplinary Team – A team made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor, who serves as team chair at the direction of the warden, and a correctional officer lieutenant or above, who will be responsible for hearing disciplinary reports. The correctional officer chief shall designate a correctional officer sergeant as a substitute team member only if neither a lieutenant nor captain is available and only when such substitution is absolutely necessary.
(9) Hearing Officer – An employee who will be responsible for hearing disciplinary reports designated as minor.
(10) Investigator – The staff member assigned to investigate infractions, conduct interviews and collect evidence relating to the disciplinary infraction.
(11) Major Violation – Any rule violation where the maximum penalty is 30 DC and 30 GT or greater, or where the maximum penalty is less than 30 DC and 30 GT and the designating authority has determined that based upon one or more of the criteria listed in subsection 33-601.302(12), F.A.C., it is assigned to the disciplinary team as a major disciplinary report.
(12) Minor Violation – Any rule violation for which the maximum penalty that could be imposed is less than 30 days disciplinary confinement or 30 days loss of gain time shall be considered for assignment to the hearing officer as a minor disciplinary report based on:
(a) The nature and circumstances of the offense;
(b) The inmate’s disciplinary history;
(c) The period of time that has elapsed since the inmate’s last disciplinary report.
(13) Rehearing – A process to reconsider the disciplinary report due to discovery of an error at any time after a finding of guilt.
(14) Staff Assistant – An employee, appointed by the warden, whose name is placed on a list maintained by the disciplinary team and who is assigned by the team to assist the inmate. A staff assistant is not to take the position of an advocate or defense attorney. A staff assistant is assigned to an inmate under the following circumstances:
(a) To explain the charges or disciplinary procedures to the inmate,
(b) To assist the inmate when the disciplinary team determines that the inmate is illiterate or does not understand English,
(c) When the inmate has a disability that would hinder his or her ability to represent himself or herself,
(d) When the complexity of the issue makes it unlikely that the inmate will be able to properly represent himself.
(15) Shift Supervisor – The correctional officer in charge of security on any work shift.
(16) Witness – Any person having information relevant to facts in dispute of the case.
Rulemaking Authority 944.09 FS. Law Implemented Florida Statutes § 944.09. History-New 3-12-84, Formerly 33-22.02, Amended 12-30-86, 10-1-95, Formerly 33-22.002, Amended 5-21-00, 2-11-01, 9-16-04, 7-25-06, 1-28-07.