Offender Rights Flashcards
Confidential Information
non-public information that is exempt from the provision of s. 119.071, F.S., and protected from public disclosure.
Offenders Medical Rights
Chapter 45, of the Code of Federal Regulations (C.F.R.) and in s. 456.057, F.S., govern how Florida implements HIPAA. These laws require the Department of Corrections to maintain the privacy of protected health information maintained in offender files.
Federal law requires that you provide this notice to an offender and that the Department abides by the terms of the notice.
An offender will receive a copy of the Department of Corrections Notice of Privacy Practices, which explains how the Department may access, use, and disclose offender medical information. Notify offenders that officers may use or disclose Protected Health Information (PHI) maintained in the offender file for authorized purposes without offender approval.
Authorization and Release of Information
form allows for the release of any records pertaining to an offender. This release of information form can help when conducting investigations to verify information provided by the offender. This form is valid for the duration of the offender’s supervision period
Consent for Authorization for Use and Disclosure Inspection and Release of Confidential Information
gives you permission to acquire medical information regarding an offender that will assist in determining their compliance with conditions of supervision. The form is effective for 90 days, unless otherwise specified, and requires the offender’s signature. The offender may revoke their consent in writing at any time during supervision.
Read and thoroughly explain the HIPAA rules and regulations to an offender. The offender will print their name, their Department of Corrections number, and sign the acknowledgement form. Retain all original forms in the offender’s case file, and provide a copy to the offender.
Verify that the offender completed all HIPAA and release of information forms according to Department policy. If you receive these documents unsigned, reinstruct the offender at the next opportunity, and obtain the offender’s signature. Document that the offender received information regarding the HIPAA rules and regulations in OBIS. If you need to release PHI, document the nature of the circumstances in OBIS.
Offenders Civil Rights
In addition to privacy of personal health information, offenders have limited civil rights. Offenders with felony convictions have the right to apply for restoration of civil rights after their supervision has expired, after completing all conditions of supervision, and the required timeframe has passed. A felony conviction also revokes certain civil rights. Convicted felons may be unable to gain employment in some occupations, possess a firearm, vote, participate in jury duty, or hold public office until they receive restoration of these civil rights.
Offender Grievance Procedure
official, Department protocol for managing an offender’s grievances, as established in F.A.C. During orientation, you are required to explain the steps and time frames necessary to file a grievance. The reception area of all probation offices posts a copy of the grievance procedures. Copies of the grievance procedures are also available to all offenders upon request.
If you and the offender are unable to resolve a grievance, and the offender begins the grievance process, you must file the grievance within 10 days of the date of the incident. The Department must resolve a HIPAA grievance within 30 days of receipt from the offender. Remind the offender that they may not file a grievance regarding a violation of probation as administrative hearings or courts hear violation issues
