33-602.205: Inmate Telephone Use
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the requirements, process, and exemptions for inmates wishing to receive or make phone calls to foreign consulates.
SUMMARY: The rule is amended to allow inmate phone calls to foreign consulates to be private and unmonitored; exempted from the fifteen minute maximum restriction and limited to the amount of time reasonably necessary to accomplish the purpose of the call; and provide the requirements for verifying that a person is a foreign consulate for the purposes of inmate telephone use.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.205 Inmate Telephone Use.
(1) This rule sets forth the minimum telephone privileges that shall be granted to inmates housed in institutions or facilities other than community correctional centers, or inmates housed on death row. All inmate calls, with the exception of those calls placed to attorneys pursuant to paragraph (3)(a), and to foreign consulates pursuant to paragraph (4)(a) shall be subject to monitoring and recording. Due to the high level of security needs on death row, the only telephone privileges available to death row inmates are those set forth in paragraph (3)(a), private calls to attorneys;, paragraph 4)(a), private calls to foreign consulates; and subsection (5)(4), calls made in the event of family crisis.
(2) Inmate telephone procedures will be conducted as follows:
(a) through (d) No change.
(e) Except for calls to attorneys as provided in paragraph (3)(a), calls to foreign consulates as provided in paragraph (4)(a), or calls during family crisis as provided in subsection (5)(4), calls shall be limited to 15 minutes. Calls to attorneys as provided in paragraph (3)(a), calls to foreign consulates provided in paragraph (4)(a), and calls in time of family crisis as provided in subsection (5)(4) shall be limited to the amount of time reasonably necessary to accomplish the purpose of the call.
(f) through (l) No change.
(3) No change.
(4) Calls to Foreign Consulates.
(a) A foreign national inmate shall be allowed to make private telephone calls to his or her respective consulate upon presentation to the warden or his designee of evidence that the call is necessary and that the inmate is a native of the country represented by the consulate as verified by Immigration and Custody Enforcement. Such evidence shall be a letter from the consulate (transmission by FAX is acceptable) requesting the return call. A consulate shall also be permitted to make prior arrangements by letter or FAX with the warden or warden’s designee to have the inmate receive a private telephone call from the consulate on an unmonitored telephone.
(b) Except as authorized by warrant or court order, telephone calls to counsulates made pursuant to this section shall not be monitored or electronically recorded. These calls will be placed on telephones designated for this purpose and shall be collect calls; there shall be at least one telephone at each institution that is not connected to the monitoring system for these calls.
(5)(4) An inmate may be authorized to make telephone calls in case of family crisis, including death or serious illness in the immediate family or serious marital or other family problems. All such calls must be approved by the chaplain or other official designated by the warden who shall, if possible, verify the existence of the family crisis.
(5) through (15) renumbered (6) through (16) No change.
Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 11-19-81, Formerly 33-3.125, Amended 11-21-86, 1-6-92, 3-24-97, 7-22-97, 12-21-98, Formerly 33-3.0125, Amended 2-7-00, 6-18-02, 2-4-03, 12-30-03, 11-25-04, 1-7-07, 9-24-07,________.