Fla. Admin. Code R. 33-103.002

Current through Reg. 50, No. 222; November 13, 2024

Section 33-103.002 - Inmate Grievances - Terminology and Definitions

The following terms, as defined, shall be standard usage throughout the department:

(1) Amendment: Where used herein, refers to an addition or change to a previously filed grievance.

(2) Bureau of Policy Management and Inmate Appeals: The bureau authorized by the Secretary to receive, review, investigate, evaluate, and respond to grievance appeals and direct grievances as defined in subsection (7). The Bureau of Policy Management and Inmate Appeals is located in the Office of the General Counsel and is managed by the Chief of Policy Management and Inmate Appeals.

(3) Complainant: The inmate filing the grievance.

(4) Emergency Grievance: A grievance of those matters which, if disposed of according to the regular time frames, would subject the inmate to substantial risk of personal injury or cause other serious and irreparable harm to the inmate.

(5) Formal Grievance: A statement of complaint filed at the institutional or facility level with the warden, assistant warden, or deputy warden, through the use of Form DC1-303, Request for Administrative Remedy or Appeal. Formal grievances are addressed in Rule 33-103.006, F.A.C. The effective date of the form is 2-9-05.

(6) Grievance: A written complaint or petition, either informal or formal, by an inmate concerning an incident or condition within an institution, facility, or the Department which affects the inmate complainant personally.

(7) Grievance Appeal or Direct Grievance: A statement of complaint filed with the Secretary of the Department of Corrections through the use of Form DC1-303, Request for Administrative Remedy or Appeal. Appeals and direct grievances are addressed in Rule 33-103.007, F.A.C.

(8) Grievance Coordinator: The institutional staff member designated by the warden or the Chief of the Bureau of Policy Management and Inmate Appeals to receive, review, investigate, evaluate, and respond to inmate grievances at an institution or facility.

(9) Grievance of Reprisal: A grievance submitted by an inmate alleging that staff have taken or are threatening to take retaliatory action against the inmate for good faith participation in the inmate grievance procedure.

(10) Grievance of Sentence Structure (Release Date Calculations): Complaints concerning the manner in which the Department records and executes the judgment and sentence of the court. This category of appeal involves the calculation of the release date but does not include the determination of monthly gain time awards. Included are questions relating to the length of sentence, whether the court imposed mandatory or special sentencing provisions, credit for time served, date of imposition of sentence, sentence chaining (concurrent or consecutive), and forfeitures arising from judicial or Florida Commission on Offender Review revocations (not forfeitures through the administrative disciplinary process).

(11) HIPAA: The Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(12) Informal Grievance: An initial statement of complaint filed on a Form DC6-236, Inmate Request. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. The effective date of the form is 6-12.

(13) Literature Review Committee: The final reviewing authority for appeals regarding rejected reading material. The committee is composed of the Bureau Chief of Security Operations or his or her representative, the Bureau Chief of Policy Management and Inmate Appeals or his or her representative, and the Library Services Administrator or his or her representative.

(14) Recipient: A person or office receiving an inmate grievance for processing.

(15) Reviewing Authority: A staff member authorized to sign grievances or appeals as the final authority for review, e.g., warden, assistant warden, deputy warden, or the Secretary's representative.

(a) Informal Grievance:

Staff member designated by the warden.

(b) Formal Grievance:

1. Major Institutions - warden or assistant warden;

2. Private Correctional Facilities - warden or deputy warden;

3. Road Prisons, Vocational Centers, Work Camps, Community Correctional Centers, and Contract Community Facilities - warden or assistant warden of the supervising institution.

(c) Grievance Appeals: Chief of Policy Management and Inmate Appeals inmate grievance administrator, or correctional services administrator designated by the Secretary to serve as his representative.

(d) Direct grievances:

1. A direct grievance which is to be reviewed by the warden: The warden is authorized to designate the assistant warden or deputy warden (deputy warden applicable to private facilities only) to grant and implement relief as approved by the warden, except as to grievances involving discipline, grievances alleging violation of the Americans with Disabilities Act, grievances challenging placement in close management and subsequent reviews, grievances of an emergency nature, or grievances of reprisal.

2. A direct grievance which is to be reviewed by the Bureau of Policy Management and Inmate Appeals: The Bureau Chief, or other designated staff may serve as the Secretary's representative in responding to these issues.

(16) Response: The information provided to the inmate relative to the decision to approve, deny, or return the grievance and the reasons for the approval, denial, or return.

(17) Sexual Abuse.

(a) Any unwanted or coerced act by an inmate against another inmate, without the inmate's consent, including any of the following:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

2. Contact between the mouth and the penis, vulva, or anus;

3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, excluding contact incidental to a physical altercation;

(b) Any of the following acts perpetrated by a staff member, contractor, or volunteer against an inmate, with or without consent of the inmate:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

2. Contact between the mouth and the penis, vulva, or anus;

3. Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

4. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

5. Any other intentional contact, either directly or through the clothing, or with the genitalia, anus, groin, breast, inner thigh or buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

6. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in the above subparagraphs 1. - 5. of this subsection;

7. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, and

8. Voyeurism by a staff member, contractor, or volunteer.

Fla. Admin. Code Ann. R. 33-103.002

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS.

New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.002, Amended 10-11-00, 1-2-03, 9-16-03, 2-9-05, 3-25-08, 5-27-12, 11-7-12, 11-24-13.