Fla. Admin. Code Ann. R. 33-404.108 - Discipline of Inmates Diagnosed as Mentally Ill
(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
Mental Health Program Office is 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 fully licensed clinician within the
Mental Health Program Office, must be provided for those inmates that have a
current diagnosis associated with documented psychotic features, autism
spectrum disorder, dementia, or intellectual disability.
(5) For inpatient, 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. For outpatient, the written
input by the fully licensed clinician within the Mental Health Program Office
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 the Mental Health Program Office, 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-17153.
The effective date of the form is 11/24.
(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.
Notes
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.
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