Fla. Admin. Code Ann. R. 33-601.305 - Inmate Discipline - Investigations

The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following:

(1) Interviewing the charging staff member.

(2) Interviewing the charged inmate. When interviewing the charged inmate the investigator is responsible for the following:

(a) Delivering the charge to the inmate by reading the charge and statement of facts to the inmate.

(b) Ensuring that the inmate has been provided a written copy of the charges.

(c) Appointing a staff assistant if necessary.

(d) Obtaining the inmate's version of the infraction.

(e) Asking the inmate if there are any witnesses or evidence to offer in the inmate's behalf.

(f) Completing and obtaining the inmate's signature on Form DC6-112B, Witness Disposition, and Form DC6-151, Documentary or Physical Evidence Disposition. Form DC6-112B and Form DC6-151 are incorporated by reference in Rule 33-601.313, F.A.C.

(g) Completing Form DC6-2028, Disposition of Videotape/Audiotape Evidence, when necessary. Form DC6-2028 is incorporated by reference in Rule 33-601.313, F.A.C.

(3) Interviewing additional persons who may have information pertaining to the infraction, including those who are listed in the statement of facts. If the inmate requests a large group of inmates as witnesses (e.g. an entire dorm), the investigating officer will interview a random sample of the requested witnesses and document such on the comments section of Form DC6-112B, Witness Disposition.

(4) Reviewing documentary or physical evidence referenced by the charging staff person or identified by the charged inmate on Form DC6-151, Documentary or Physical Evidence Disposition. When the evidence is a videotape or audiotape identified by the inmate, the inmate must also include a written statement on Form DC6-151 describing what he expects the tape to show. Failure to complete and sign Section II on Form DC6-151 will result in a waiver of the opportunity to have documentary or physical evidence presented at hearing. The investigator shall determine whether, based upon review of the tape itself or the capabilities of the particular taping equipment, the tape described by the inmate does or does not provide evidence to support the inmate's statement. If the investigator determines that the tape provides evidence to support the inmate's statement, he shall prepare a summary for the investigative report. If the investigator determines that the tape does not provide evidence to support the inmate's statement, the inmate will be provided with the following written statement in the basis of findings section of the disciplinary report: "Based upon review of the identified tape or the capabilities of the particular taping equipment, the tape requested does not provide evidence to support the inmate's statement." The investigator shall provide on Form DC6-2028, Disposition of Videotape/Audiotape Evidence, a detailed description of why the tape did not provide evidence to support the inmate's statement. In the interest of institutional security, this form shall not be provided to the inmate, but shall be retained with the other disciplinary report documentation.

(5) Recording the results of the investigation on Form DC6-112A, Disciplinary Investigative Report. Form DC6-112A is incorporated by reference in Rule 33-601.313, F.A.C.

Notes

Fla. Admin. Code Ann. R. 33-601.305

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS.

New 10-1-95, Formerly 33-22.0055, Amended 5-21-00, 2-11-01, 3-22-05, 7-10-06, 7-11-11.

New 10-1-95, Formerly 33-22.0055, Amended 5-21-00, 2-11-01, 3-22-05, 7-10-06, 7-11-11.