Florida Regulations 33-601.309: Inmate Discipline – Review and Final Action
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(1) The chief correctional officer at a work release center, or the senior staff person at a contract facility shall review the disciplinary action and recommend approval, modification or disapproval to the warden.
(2) The warden acts as the final reviewing and approving authority for all disciplinary reports in which the recommended penalty does not exceed a loss of more than 365 days of gain time.
(3) The regional director of institutions acts as the final reviewing authority for all disciplinary reports in which the recommended penalty exceeds 365 days loss of gain time.
(4) The warden or regional director of institutions shall approve, modify downward or disapprove the recommended disciplinary action. The above mentioned or the deputy assistant secretary – programs is authorized to direct a rehearing of the disciplinary report as provided for in Fl. Admin. Code R. 33-601.310 The review shall be limited to the matters contained in the disciplinary report. If new evidence or procedural error is discovered, the warden or regional director shall remand the disciplinary report to the hearing officer or disciplinary team for a rehearing as provided for in Fl. Admin. Code R. 33-601.310 Review of each disciplinary report is the responsibility of the warden or regional director and cannot be delegated to other staff members.
(5) When the warden is the reporting officer of a disciplinary report the regional director of institutions shall act as reviewing and approving authority.
(6) In the case of privately operated correctional institutions, the correctional services administrator position in the regional office is the final approving authority for all disciplinary reports, except those as defined in subsection 33-601.309(3), F.A.C.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.275, 944.28, 944.719, 945.04 FS. History-New 3-12-84, Formerly 33-22.09, Amended 12-30-86, 10-1-95, Formerly 33-22.009, Amended 5-21-00, 2-11-01, 3-22-05.
Terms Used In Florida Regulations 33-601.309
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(3) The regional director of institutions acts as the final reviewing authority for all disciplinary reports in which the recommended penalty exceeds 365 days loss of gain time.
(4) The warden or regional director of institutions shall approve, modify downward or disapprove the recommended disciplinary action. The above mentioned or the deputy assistant secretary – programs is authorized to direct a rehearing of the disciplinary report as provided for in Fl. Admin. Code R. 33-601.310 The review shall be limited to the matters contained in the disciplinary report. If new evidence or procedural error is discovered, the warden or regional director shall remand the disciplinary report to the hearing officer or disciplinary team for a rehearing as provided for in Fl. Admin. Code R. 33-601.310 Review of each disciplinary report is the responsibility of the warden or regional director and cannot be delegated to other staff members.
(5) When the warden is the reporting officer of a disciplinary report the regional director of institutions shall act as reviewing and approving authority.
(6) In the case of privately operated correctional institutions, the correctional services administrator position in the regional office is the final approving authority for all disciplinary reports, except those as defined in subsection 33-601.309(3), F.A.C.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.275, 944.28, 944.719, 945.04 FS. History-New 3-12-84, Formerly 33-22.09, Amended 12-30-86, 10-1-95, Formerly 33-22.009, Amended 5-21-00, 2-11-01, 3-22-05.