33-602.220: Administrative Confinement
33-602.222: Disciplinary Confinement
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the rule language and provide consistency regarding canteen purchases and the property allowed for inmates in confinement.
SUMMARY: The proposed rule amends the rule as follows: increases the number of security pens an inmate in administrative or disciplinary confinement can possess from one (1) to four (4); clarifies the method for counting non-food canteen items; Form DC6-295 is amended to remove employee social security number and replace with “Staff Lookup ID;” allows inmates in disciplinary confinement to purchase deodorant and shower shoes, restricts canteen purchases for inmates in disciplinary confinement to every other week.
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: 20.315, 944.09, 945.04 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:
33-602.220 Administrative Confinement.
(1) through (4) No change.
(5) Conditions and Privileges.
(a) 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) Reading materials – inmates in administrative confinement shall be provided access to admissible reading material as provided reading materials, including scriptural and devotional materials and books that are in compliance with admissibility requirements in Rule 33-501.401, F.A.C., shall be permitted for those inmates in administrative confinement units unless there is an indication of a threat to the safety, security or sanitation of the institution. If it is determined that there is a safety, security or sanitation risk, the items will be removed. Such removal of reading materials shall be documented on Form DC6-229 in accordance with paragraph (9)(c) of this rule. An inmate who receives services from the Bureau of Braille and Talking Book Library shall be allowed to have his or her tape player and devotional and scriptural materials and any other books on tape that are in compliance with admissibility requirements in Rule 33-501.401, F.A.C.
(o) Library – only one book at a time may be checked out. Books shall be checked out once weekly and inmates may possess no more than one soft-back book at any given time. An inmate who receives services from the Bureau of Braille and Talking Book Library shall be allowed to have his or her tape player and devotional and scriptural materials and any other books on tape that are in compliance with admissibility requirements in Rule 33-501.401, F.A.C. Inmates who receive services from the Bureau of Braille and Talking Book Library will be allowed to check out one book on tape per week and possess no more than one at any given time. The actual number of tapes may be more than one per book.
(p) 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of Form DC6-295 is ________ 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,________.