(1) General Provisions.
(a) The suspending authority (i.e., warden,
warden's designee, or Regional Director) will serve as the reviewing authority
for all requests for reinstatement of visitation privileges.
(b) All requests for reinstatement must be
legibly handwritten or typed.
(c)
An inmate must use Form DC6-236, Inmate Request Form, to submit their request
for reinstatement to the suspending authority who issued the suspension
pursuant to Rule
33-601.731, F.A.C. Form DC6-236
is incorporated by reference in Rule
33-103.005, F.A.C.
(d) A visitor must use Form DC6-111A, Request
for Visitation privileges, to submit their request for reinstatement to the
classification officer where the inmate is currently housed. Form DC6-111A is
incorporated by reference in Rule
33-601.715, F.A.C.
(e) A request for reinstatement may not be
submitted more than ten calendar days prior to the expiration of the applicable
waiting period as provided in this rule.
(f) All reinstatement decisions will be made
in writing and will be provided to the inmate via institutional mail and sent
to the visitor via the U.S. Postal Service to the visitor's last known
address.
(2) Criteria
Considered for Reinstatement.
The warden, warden's designee, or Regional Director, as the
reviewing authority, will consider the following criteria when determining
whether to grant or deny reinstatement of visitation privileges:
(a) The severity and circumstances
surrounding the offense(s) for which visitation privileges were
suspended;
(b) Whether
reinstatement will pose a threat to the security of visitation operations,
based upon the inmate's disciplinary record and classification status as
determined by Rule
33-601.210, F.A.C.;
(c) Whether the inmate or visitor have
previously documented visitation-related incidents, disciplinary reports, or
suspension of visitation privileges;
(d) Whether reinstatement of visitation
privileges will benefit the inmate's successful reentry into society by
facilitating maintenance of community or family ties;
(e) The relationship between the visitor and
the inmate;
(f) Whether the visitor
has refused to consent to a visitor search pursuant to Rule
33-601.726, F.A.C.;
and
(g) Any extenuating
circumstances provided by the inmate or the visitor that would support the
reinstatement of visitation privileges.
(3) Inmates and visitors whose visitation
privileges are suspended for any reason other than refusing to consent to a
search pursuant to Rule
33-601.726, F.A.C., are eligible
to seek reinstatement of visitation privileges as follows:
|
Original or Modified Suspension Period
|
|
Required Waiting Period before Submitting a Request
for Reinstatement
|
|
Required Waiting Period before Submitting a
Subsequent Request for Reinstatement Following Disapproval of a Request for
Reinstatement
|
|
1 year or less
|
Click here to view
image
|
6 months
|
Click here to view
image
|
Ineligible
|
|
More than 1 year up to 2 years
|
Click here to view
image
|
1 year
|
Click here to view
image
|
6 months
|
|
More than 2 years
|
Click here to view
image
|
2 years
|
Click here to view
image
|
1 year
|
(4) A
visitor whose visitation privileges are suspended for refusing to consent to a
search pursuant to Rule
33-601.726, F.A.C., is eligible
to seek reinstatement of visitation privileges as follows:
|
Original or Modified Suspension Period
|
|
Required Waiting Period before Submitting a Request
for Reinstatement
|
|
Required Waiting Period before Submitting a
Subsequent Request for Reinstatement Following Disapproval of a Request for
Reinstatement
|
|
Up to 24 months for a Pre-Entry 1st Refusal
|
Click here to view
image
|
Ineligible
|
Click here to view
image
|
Ineligible
|
|
Indefinite for a Pre-Entry 2nd or Subsequent
Refusal
|
Click here to view
image
|
3 years
|
Click here to view
image
|
1 year
|
|
Indefinite for a Post-Entry Refusal
|
Click here to view
image
|
3 years
|
Click here to view
image
|
1 year
|
(5)
In the event that an original suspension period is modified, the modified
suspension period will be used to establish the required waiting period before
submitting a request for reinstatement.
Notes
Fla. Admin. Code Ann. R. 33-601.732
Rulemaking Authority
944.09 FS. Law Implemented
944.09,
944.23,
944.8031
FS.
New 11-18-01, Amended
5-27-02, 9-29-03, 2-13-12, 9-24-12, Amended by
Florida
Register Volume 43, Number 143, July 25, 2017 effective
8/7/2017, Amended by
Florida
Register Volume 49, Number 030, February 14, 2023 effective
3/2/2023.
New 11-18-01, Amended 5-27-02, 9-29-03, 2-13-12, 9-24-12,
8-7-17, 3-2-23.
