Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO.: RULE TITLE:
33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to strike disposable lighters from the authorized property list.
SUMMARY: Disposable lighters are deleted from the inmate property list.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.201 Inmate Property.

(1) through (17) No change.

APPENDIX ONE

PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department of Corrections which meets the description of property on the list shall be allowed to retain the property. Inmates transferring to department facilities from private correctional facilities shall be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold in department canteens, items purchased in canteens at private facilities will not always be admissible in department facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All canteen items are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” shall be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item shall not exceed that value. The terms “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “canteen” designation shall be available in all institutional canteens or through canteen order. All canteen items are transferable between department institutions. “State issue” means that the institution has the authority to issue this item to inmates based upon the character of the institution, the location of the institution, the housing or work assignment of the inmate, or other factors related to institution or inmate needs. Institutions housing death row inmates shall make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items shall be allowed to retain the items until they are no longer serviceable, but shall not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list.

– Locks other than V68 series

– Plastic bowls, tumblers, cups and lids

– Pantyhose

– Nail clippers larger than 2-1/2''

 

AUTHORIZED PROPERTY LIST

 

CLOTHING

 

 

 

 

Quantity

Unit

Value

Articles

 

1

each

 

Athletic Bra (canteen female only)

 

1

each

 

Belt (state issue)

 

4

each

 

Bras (state issue or canteen female only)

 

1

each

 

Coat (state issue)

 

1

pair

 

Gloves, work (state issue)

 

4

each

 

Handkerchief, cotton, white only (canteen)

 

1

each

 

Hats (state issue)

 

2

pair

 

Pajamas long (state issue or canteen)

 

 

 

 

Light blue or white female only

Light blue male

 

7

each

 

Panties (state issue or canteen female only)

 

3

each

 

Pants (state issue)

 

1

each

 

Raincoat or Poncho clear (state issue or canteen)

 

1

each

 

Robe (state issue female only)

 

3

each

 

Shirt, outer (state issue)

 

4

each

 

Shirt, T-Shirt (state issue or canteen order gray for female, white for male) *inmates may possess both state-issue and canteen-purchased shirts, but the total combined number cannot exceed 4.

 

1

pair

 

Shoes, Athletic (canteen)

 

1

pair

 

Shoes, Work (canteen or state issue)

 

2

each

 

Shorts, athletic (navy blue) (canteen)

 

1

each

 

Shower cap, clear only (female only) (canteen)

 

1

pair

 

Shower slides (canteen)

 

6

pair

 

Socks (state issue or canteen)

 

1

each

 

Supporter, athletic (male only) (canteen)

 

2

each

 

Sweatshirts (gray only) (canteen order)

 

4

each

 

Undershorts (male only) (state issue or canteen)

 

2

each

 

Underwear, thermal (state issue or canteen)

 

 

 

 

 

PERSONAL ARTICLES

 

Quantity

Unit

Value

Articles

 

Number in use

 

 

Batteries (canteen)

 

25

each

 

Roller clips plastic only (females only), (canteen)

 

*

 

 

Books (legal, educational, religious, fiction) *

 

 

 

 

Quantity as specified by Rule 33-501.401, F.A.C.

 

1

each

 

Bowl plastic (canteen)

 

1

package

 

Breath tablets (canteen)

 

1

each

 

Calendar, as specified by Rule 33-501.401, F.A.C.

 

*

 

 

Canteen purchases * limited by approved storage space;

 

1

each

 

Canteen bag (canteen)

 

1

set

 

Checkers (light wood or plastic, standard checkers only) (canteen order)

 

1

set

 

Chess (light wood or plastic, 2 inches max. height) (canteen order)

 

1

each

 

Coffee mug plastic (canteen)

 

1

each

 

Comb-pocket type, no handles (non-metal) (state issue or canteen)

 

*

 

 

Correspondence * limited by storage space limitations

 

1

pack

 

Cotton swabs (plastic or paper stems only) (canteen)

 

2

each

 

Crème rinse and conditioner (canteen)

 

1

each

 

Cup, drinking plastic (canteen)

 

1

package

 

Dental floss, (floss loops only), unwaxed (canteen)

 

1

each

 

Denture adhesive (state issue or canteen)

 

1

each

 

Denture cup (canteen order)

 

2

each

 

Deodorant and antiperspirant (no aerosols) (canteen)

 

1

set

 

Domino (light wood or plastic, standard size) (canteen order)

 

1

Set

 

Earbuds (canteen)

 

1

pair

 

Earphone pads (replacement) (canteen order)

 

1

pair

 

Ear rings, post type (female only) (canteen order)

 

*

 

 

Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)

 

1

pack

 

Emery board cardboard (canteen)

 

25

each

 

Envelopes legal (#10 size) (canteen)

 

5

each

 

Envelopes oversized (10'' x 13'') (canteen)

 

*

 

 

Envelopes, self-addressed stamped * the total in the inmate’s possession shall not exceed the limit of 1 pack.

 

2

each

 

Eyeglasses, case, contact lens and solutions (state issue or personal; “personal” means that inmates already in possession of these items will be allowed to retain them, but any future items will be provided by the institution if needed.) Contact lenses will only be provided if medically indicated

 

1

each

 

Eye shadow, eyeliner, mascara, eyebrow pencil, blemish preparation, lipstick, blemish and spot cover-up, lip coloring (female only) (canteen)

 

1

box

 

Feminine hygiene products (internal and external) (female only) (state issue or canteen)

 

*

 

 

File folders (*limited by storage space)

 

20

 

 

Greeting cards and accompanying envelopes

 

1

each

 

Hairbrush nonmetal, handles for females only (canteen)

 

2

each

 

Hairdressing (styling gel, pink oil, cholesterol, perm kit female only) (no aerosols) (canteen)

 

1

each

 

Hair net (female only) (canteen)

 

25

each

 

Hair rollers (female only) (canteen)

 

2

each

 

Handballs or racketballs (canteen)

 

1

each

 

Headphones for use with radio (canteen)

 

Maximum

Weekly

dosage

 

 

Health aids headache and cold remedies, antacids, antifungal preparations, cough drops, nasal spray, etc. No imidazoline, tetrahydrozaline, or hydrochloride compounds (canteen as approved by health services)

 

2

each

 

Hearing aid (state issue or personal)

 

*

 

 

Hobby craft at locations where program exists and subject to storage space limitations

 

1

each

 

Insect repellant (canteen)

 

1

each

 

Jigsaw puzzle (canteen order)

 

1

each

 

Keyboard (canteen)

 

1

each

 

Laundry bag (state issue or canteen)

 

1

each

 

Lighter, disposable (approved type) (canteen)

 

1

each

 

Lip balm (canteen)

 

1

each

 

Locks, combination (V68 series) (canteen)

 

1

each

 

Make-up bag, clear only (female only) (canteen)

 

1

each

 

Mirror plastic, nonbreakable, 5'' × 7'' max. (canteen)

 

1

each

 

Moisturizer no mineral oils, no vaseline (canteen)

 

1

each

 

Mouthwash (canteen)

 

1

each

 

MP3 Player (canteen)

 

1

each

 

MP3 Player arm band holder (canteen)

 

1

each

 

Nail clippers, not to exceed 2 1/2'' (canteen)

 

2

pack

 

Notebook paper (canteen)

 

4

each

 

Pens, ballpoint, flair-type, pencils with erasers, or security

 

 

 

 

Pens, no markers (canteen)

 

*

 

 

Periodicals * as specified by Rule 33-501.401, F.A.C., and storage space limitations

 

1

each

 

Photo album, non-metal (canteen)

 

50

each

 

Photographs (personal)

 

2

decks

 

Playing cards (standard) (canteen)

 

5

each

 

Pony tail holder (fabric) or hair claws (plastic) (female only)

 

1

each

 

P.R.I.D.E. service pin (issued to inmate from P.R.I.D.E.)

 

*

 

 

Prosthesis * as approved by health services

 

1

each

50.00

Radio, DC/AM/FM only, “Walkman” type, maximum 4'' × 5'' (canteen)

 

1

each

 

Razor, disposable (state issue)

 

1

each

50.00

Razor, battery operated, non-rechargeable (canteen order)

 

*

 

 

Religious requirements as approved by chaplaincy services, (examples: head covering, prayer rug)

 

1

each

50.00

Religious medallion with chain (personal or provided by Chaplain)

 

1

each

100.00

Ring, engagement (personal, female only)

 

1

each

100.00

Ring, wedding (personal)

 

1

each

 

Roller cap, clear only (female only) (canteen)

 

1

set

 

Scrabble (canteen order)

 

1

each

 

Screen protector (canteen)

 

2

each

 

Shampoo (canteen)

 

1

each

 

Shaving cream (canteen)

 

1

each

 

Shaving powder (canteen)

 

1

pair

 

Shoe laces (canteen)

 

1

each

 

Shoe wax (Liquid only, non flammable, no nitrobenzene; canteen)

 

2

each

 

Soap, bath (state issue or canteen)

 

1

each

 

Soap dish (canteen)

 

1

each

 

Soap, laundry (female only) (canteen)

 

*

 

 

Special needs * special devices as approved for compliance with medical needs

 

1

each

 

Spoon, plastic (canteen)

 

40

each

 

Stamps (the equivalent of 40 1-ounce 1st class) (canteen)

 

1

each

 

Sunglasses, no mirror type (canteen)

 

1

each

 

Sunscreen lotion (canteen)

 

1

each

 

Talcum powder (canteen)

 

1

each

 

Toilet Paper (state issue or canteen)

 

1

each

 

Toothbrush (state issue or canteen)

 

1

each

 

Toothbrush holder (canteen)

 

2

each

 

Toothpaste and Toothpaste with mouthwash (state issue or canteen)

 

2

each

 

Towels (state issue)

 

1

each

 

Wallet (canteen)

 

1

each

50.00

Watch (personal or canteen)

 

1

each

 

Watch band (nylon and Velcro only) (canteen)

 

2

each

 

Washcloths (state issue or canteen)

 

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 1-25-10, 7-4-10, 10-26-11,_________.

 


NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Director, Office of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2012