33-602.220: Administrative Confinement
33-602.222: Disciplinary Confinement
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Rules 33-602.220 and 33-602.222, F.A.C. in the following ways: to allow inmates in administrative and disciplinary confinement to possess four security pens; amend the method for counting non-food canteen items (allowing stamps, envelopes, security pens, and notebook paper to each count as one item) for administrative confinement; and general re-wording for clarity; Form DC6-295, Special Housing Unit Rotation Review, is amended by replacing the required staff social security number with Staff Look-up Id.
SUBJECT AREA TO BE ADDRESSED: Administrative and disciplinary confinement.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 945.04 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-602.220 Administrative Confinement.
(1) through (4) No change.
(5) Conditions and Privileges.
(a) Clothing – inmates in administrative confinement shall be provided the same clothing and clothing exchange as the general inmate population unless there are facts to suggest that on an individual basis exceptions are necessary for the welfare of the inmate or the security of the institution. In such cases, the exceptions shall be documented on Form DC6-229 and approved by the chief of security. Shower slides may be substituted for regulation shoes. Any item may be removed from the cell in order to prevent the inmate from inflicting injury to himself or herself or others or to prevent the destruction of property or equipment. If an inmate’s clothing is removed, a modesty garment shall be immediately obtained and given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229. Under no circumstances shall an inmate be left without a means to cover himself or herself.
(b) through (f) No change.
(g) Canteen Items – inmates in administrative confinement shall be allowed to make canteen purchases once every other week. Items sold to administrative confinement inmates shall be restricted when reasonably necessary for institutional safety and security.
1. No change.
2. Inmates in administrative confinement shall be allowed to purchase a maximum of five non-food canteen items. In making this determination, with the exception of Sstamps, envelopes, security pens, and notebook paper, each count as one it is the number of non-food items that is counted, not the type of item. For example, three security pens counts as three items, not one item. Twenty-five stamps or fewer shall count as one item and two packages or less of notebook paper shall count as one item.
(h) through (l) No change.
(m) Writing utensils – inmates in administrative confinement may shall possess a maximum of four (4) only a security pens. Other types of pens and pencils shall be confiscated and stored until the inmate is released from administrative confinement status. Inmates who are in possession of working pens or pencils when placed in administrative confinement will be issued a security pen. Inmates who are not indigent must purchase additional pens when needed from the canteen. If security pens are unavailable, the inmate shall be allowed to sign out a regular pen from the confinement housing officer. All care shall be taken to ensure that an indigent inmate who requests access to a pen in order to prepare legal documents or legal mail or to file a grievance with the department has access to a pen for a time period sufficient to prepare the legal mail, documents, or grievances. An inmate who has been provided a “writer/reader” shall be allowed access to such for the purpose of reading or preparing correspondence.
(n) through (q) No change.
(6) through (11) No change.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 4-7-81, Amended 6-23-83, 3-12-84, Formerly 33-3.081, Amended 4-22-87, 8-27-87, 7-10-90, 12-4-90, 3-24-97, 4-26-98, 10-5-98, Formerly 33-3.0081, Amended 2-12-01, 2-5-02, 1-19-03, 4-1-04, 3-5-06, 10-31-06,_________.
33-602.222 Disciplinary Confinement.
(1) through (3) No change.
(4) Conditions and Privileges.
(a) through (f) No change.
(g) Canteen Items. Inmates in disciplinary confinement shall be allowed to make prohibited from purchasing canteen purchases once ever other week. Items sold to inmates in disciplinary confinement shall be restricted for institutional safety and security items while in disciplinary confinement. However, Nnon-indigent inmates shall be allowed to purchase deodorant, shower shoes, stamps, envelopes, security pens and paper for preparation of legal documents, including inmate grievances, and for mail to notify visitors of his or her confinement status.
(h) through (m) No change.
(n) Writing utensils. Inmates in disciplinary confinement may shall possess a maximum of four (4) only one security pens. Inmates who are in possession of working pens or pencils when placed in disciplinary confinement shall be issued a security pen. Inmates who are not indigent must purchase additional security pens when needed from the canteen. If no security pens are available, the inmate shall be allowed to sign out a regular pen from the confinement housing officer. All care shall be taken to ensure that an indigent inmate who requests a pen has access to a pen for a time period sufficient to prepare legal documents or legal mail, to file a grievance, or to notify family of confinement status. An inmate who has been provided a “writer/reader” shall be allowed access to such for the purpose of reading or preparing correspondence.
(o) through (r) No change.
(5) through (13) No change.
(14) Forms. Form DC6-295, Special Housing Unit Rotation Review, is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, January 16, 2006.
Specific Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 3-12-84, Formerly 33-3.084, Amended 7-10-90, 4-28-96, 12-7-97, 3-23-99, Formerly 33-3.0084, Amended 2-12-01, 2-15-02, 4-1-04, 1-16-06, 10-31-06,________.