Section 33-302.101 - Offender Grievance Procedures(1) Offenders shall be informed of grievance procedures during orientation. Copies of grievance procedures shall be made available upon request. A copy of the grievance procedures shall be posted in the reception area of every probation and parole office. Offenders cannot file complaints regarding violation of supervision requirements as all parties are heard on violation issues at court or administrative hearings.(2) The following procedures outline the steps to be taken by an offender under field supervision, including an offender in pretrial intervention who has a complaint concerning actions on supervision. Steps for filing complaints, except in those complaints addressed in subsection (5) below, are: (a) The offender should first discuss any complaint with the correctional probation officer assigned to her or his case to determine if a resolution to the problem can be obtained. Additionally, the offender may discuss the complaint with the officer's supervisor in order to reach a resolution.(b) If the offender is dissatisfied with the outcome of the verbal discussion with the officer, and the officer's supervisor if the offender chooses to discuss the complaint verbally with the supervisor, the offender may submit a written grievance outlining the problem to the officer's immediate supervisor for further review. The supervisor shall respond, in writing, with a response that attempts to resolve the issue.(c) In the event the issue is not resolved with the supervisor, the offender may forward her or his grievance, along with the supervisor's response, to the circuit administrator for review. The circuit administrator shall respond to the offender in writing, with a response that attempts to resolve the issue.(d) In the event the issue is not resolved with the circuit administrator, the offender may forward her or his grievance, along with the circuit administrator's response to the regional director of community corrections for review. The regional director of community corrections shall provide a written response, which attempts to resolve the issue.(e) In the event the issue is not resolved with the regional director of community corrections, the offender may forward her or his grievance, along with the regional director of community corrections' response, to the assistant secretary of community corrections. The assistant secretary of community corrections shall respond to the grievance.(3) All grievances shall be filed within 10 calendar days of the date the incident or action being petitioned occurred.(4) Grievances outlining the problem shall be handwritten or typed on a plain sheet of paper and must identify the complainant and contain her or his signature.(5) Offender complaints concerning the department's compliance with the Health Insurance Portability and Accountability Act (HIPAA) shall be submitted as offender grievances. All grievances concerning Health Insurance Portability and Accountability Act (HIPAA) compliance shall be identified by the offender as a HIPAA grievance and shall be submitted by the offender directly to the assistant secretary of community corrections. HIPAA grievances shall comply with subsections (3) and (4) above. The assistant secretary of community corrections shall respond to the grievance within thirty days of receipt of the grievance.(6) No action shall be taken in retaliation against an offender for the filing of a grievance.Fla. Admin. Code Ann. R. 33-302.101
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS., 45 CFR Part 160, 164.
New 5-28-86, Amended 10-1-89, 9-30-91, 2-15-98, Formerly 33-24.005, Amended 3-4-01, 7-30-01, 2-4-02, 5-12-02, 7-30-03, 9-29-04.New 5-28-86, Amended 10-1-89, 9-30-91, 2-15-98, Formerly 33-24.005, Amended 3-4-01, 7-30-01, 2-4-02, 5-12-02, 7-30-03, 9-29-04.