33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Rule 33-602.201, F.A.C., to allow wardens to establish local clothing procedures based upon confinement or other high security status when possession of multiple items presents a security risk, clarify the items which inmates may take when they are transferred to outside community hospital for treatment or to a court appearance, and for consistency regarding the items that inmates may possess as religious property, where restricted religious property shall be stored, how religious symbols shall be worn, and how religious property items will be approved for placement on inmates’ property lists.
SUMMARY: The proposed amendment to Rule 33-602.201, F.A.C., requires that where wardens establish local clothing procedures the procedures shall comply with the following: clothing shall be exchanged on a one-for-one basis; inmates must have the opportunity for at least three exchanges per week or the same opportunity for exchange as provided to other inmates at the institution, whichever is greater; and local clothing storage procedures must be consistently applied for all inmates of a particular security or housing status. Additional restrictions or removal of clothing items for individual inmates for safety or security reasons shall be handled and documented in accordance with rules applicable to the particular confinement status.
The items inmates transferring to court or outside community hospital for treatment may take with them is amended to include personal hygiene items and prescription medication issued by health services. Religious property is amended to reflect those items which inmates my possess as part of their inmate property, those religious items which pose a security risk when allowed in an inmate’s cell and must be stored in the chapel, those items which may not be stored in the chapel, and those which may be worn at all times.
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 Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.201 Inmate Property.
(1) The reception center Chief of Security shall ensure that property files are established for all new inmates. The inmate property file shall become part of the inmate’s institutional file. All forms and correspondence pertaining to inmate property shall be placed in this file in chronological order. The Chief of Security or his designee shall be responsible for the maintenance of the inmate property file. An addendum will be made to the Form DC6-224, Inmate Personal Property List, Form DC6-224, any time the status of inmate personal property changes. Examples of changes include when an inmate receives additional property through an approved source or when the inmate chooses to dispose of a broken or worn out item. Form DC6-224 is incorporated by reference in subsection (17) of this rule.
(2) through (3) No change.
(4) Authorized Property.
(a) No change.
(b) Wardens are authorized to establish local clothing storage procedures based upon confinement or other high security status when possession of multiple items presents a security risk for inmates in that status. Local clothing storage procedures shall comply with the following:
1. Clothing shall be exchanged on a one-for-one basis;
2. Inmates must have the opportunity for at least three exchanges per week or the same opportunity for exchange as provided to other inmates at the institution, whichever is greater;
3. Local clothing storage procedures must be consistently applied for all inmates of a particular security or housing status. Additional restrictions or removal of clothing items for individual inmates for safety or security reasons shall be handled and documented in accordance with rules applicable to the particular confinement status.
(c)(b) No change.
(d)(c) No change.
(e)(d) Inmates shall be required to maintain receipts for items purchased from the canteen for as long as they possess the items. In instances where items purchased from the canteen are added to the Form DC6-224, Inmate Personal Property List, Form DC6-224, by the property officer, the inmate will not be required to maintain the original canteen receipt.
(f)(e) No change.
(5) No change.
(6) Storage of Excess Legal Materials.
(a) through (b) No change.
(c) Storage of Excess Active Legal Material.
1. No change.
2. When it is determined by the assistant warden or chief of security that an inmate has legal material that cannot be contained in the inmate’s assigned locker, the inmate shall be given a written order from an employee of the department providing:
a. No change.
b. If, after organizing and inventorying his or her legal material the inmate will not be able to fit his active legal material in his assigned inmate locker, the inmate shall complete Form DC6-2006, a Request for Storage of Excess Active Legal Material, Form DC6-2006, and Form DC6-2008, an Excess Active Legal Material Inventory List, Form DC6-2008, to be submitted to the warden for review. Forms DC6-2006 and DC6-2008 are incorporated by reference in subsection (17) of this rule.
3. through 7. No change.
8. If the inmate fails to file written notice with the warden within 15 calendar days, fails to provide Form DC6-2007, Excess Inactive Legal Material Disposition Determination, as an attachment to his or her appeal, addresses more than one issue or in any other way violates the grievance procedure as described in Chapter 33-103, F.A.C., his or her appeal shall be returned without response to the issue raised.
9. through 10. No change.
11. Prior to being stored in excess storage, excess active legal material shall be placed in storage box(es) with interlocking flap, shall be numbered in sequential order and shall have the inmate’s name and department of corrections number clearly written on the top and side of each box. Prior to being sealed, the box(es) shall be inspected by staff, in the presence of the inmate, for contraband. Each box shall be sealed in the presence of the inmate prior to being placed into excess storage. Form DC6-2008, An Excess Active Legal Material Inventory List, Form DC6-2008, shall be completed or updated by the inmate before the box(es) are sent or returned to excess storage.
12. through 13. No change.
(d) No change.
(e) Inmate Access to Excess Active Legal Material.
1. through 4. No change.
5. Form DC6-2008, An Excess Active Legal Material Inventory List, Form DC6-2008, shall be used and updated each time legal material is stored in or exchanged with legal material from excess storage.
(f) No change.
(7) Impounded Property.
(a) No change.
(b) When personal property of an inmate is taken, it will be inventoried according to the following procedure on Form DC6-220, Inmate Impounded Personal Property List, and, whenever practical, in the presence of the inmate. Exceptions may be made when the inmate’s presence during this process jeopardizes institutional security or in times of an emergency such as a general disturbance creating security concerns. New inmates being processed into the department at one of the reception centers will have their property recorded on Form DC6-220 with a copy being given to the inmate. Unauthorized property will be stored pending final disposition as provided in this rule. At the time of receipt into the department each inmate will also sign Form DC6-226, an Authorization for Disposition of Mail and Property, Form DC6-226, which authorizes the department to dispose of the property should the inmate abandon it. Form DC6-226 is incorporated by reference in subsection (17) of this rule.
1. through 5. No change.
(c) through (i) No change.
(8) Any inmate transferring to an outside community hospital for treatment or to a court appearance shall take only items of personal clothing and hygiene items and prescription medication issued by health services. except in those cases in which the inmate is expected to be absent for a period of more than 30 days. If the inmate is to return within 30 days, Rremaining personal property shall be inventoried utilizing Form DC6-220, Inmate Impounded Personal Property List, and stored in a secure location. When the inmate returns, only those items that he possessed before transfer will be allowed.
(9) through (13) No change.
(14) Missing Inmate Property.
(a) When an inmate’s property is being returned after being stored for any reason and items documented on the Form DC6-224, Iinmate Pproperty Llist, Form DC6-224, cannot be located this fact shall be documented on the form. Any request for compensation or replacement of missing items shall be initiated via the inmate grievance process by the inmate whose property is missing.
(b) through (e) No change.
(15) No change.
(16) Approved Religious Property.
(a) Inmates shall be permitted to possess the following religious items or material:
1.(a) Religious publications as defined in Rule 33-503.001, F.A.C., Scriptural or devotional books for personal use that are in compliance with admissibility requirements of Rule 33-501.401, F.A.C.
2. Items adhering to the tenets of a particular religion for wearing at all times or use during individual worship. Items may include:
a. Jewish – yarmulke;
b. Catholic – rosary;
c. Muslim – prayer rug, koofi;
d. Native American – medicine bag, headband, and;
e Asatru or Odinism – runes and accompanying cloth bag.
3. Religious symbols such as a cross, Star of David, talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter. Religious symbols and items worn about the neck shall be worn under the shirt.
(b) Inmates shall not be permitted to possess the following religious items or materials which adhere to the tenets of a particular religion for individual worship or group worship which pose a security risk when allowed in an inmate’s cell or dorm. Inmates shall be permitted to use the following religious items or materials only under the supervision of the chaplain and items shall be stored in the chapel. Items required by the tenets of a particular religion, including:
1. Jewish – prayer shawl yarmulke, tefillin;
2. Wiccan – tarot cards; and Catholic – rosary;
3. Buddhist – meditation cushion or Zafu; Muslim – prayer rug, koofi; and
4. Native American – medicine bag, headband.
(c) Inmates shall not be permitted to possess religious items or materials intended for use in group worship. These group worship items shall not be stored at the institution, but may be brought in by volunteers for the religious observance. Group worship items include: Religious symbols such as a cross, Star of David, talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter.
1. Alcoholic beverages or wine;
2. Wiccan – stones or crystals.
(d) Approved Rreligious property and other religious items shall be acquired through an authorized vendor, canteen purchase, or bona fide religious organization.
(e) No change.
(f) Inmate requests for other types of religious property shall be reviewed by the chaplain to determine whether the item is required by the inmate’s particular religion and security personnel to determine whether the item presents a threat to security and order. When items such as the tefillin or tarot cards are requested, a case-by-case evaluation shall be conducted by the chaplain and security personnel to determine whether the item presents a threat to security and order. In making the decision whether to allow the inmate to have the item in his possession, to allow the item to be stored in the chapel and used under supervision of the chaplain, or to deny the request for the item, staff shall consider the following factors:
1. The nature of the item requested and the particular dangers to security and order that the item presents;
2. The characteristics of the institution and of the general inmate population at the institution;
3. The custody level and record of the inmate requesting the item; and
4. Any other factors particular to the situation which impact on interests of security and order at that institution.
(g) All security issues related to approved religious property shall be addressed and resolved by security staff.
(17) Forms. The following forms referenced in this rule are hereby incorporated by reference. Copies of any of these forms are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.
(a) Form DC6-224, Inmate Personal Property List, effective date 11-21-00.
(b) Form DC6-220, Inmate Impounded Personal Property List, effective date 10-23-06.
(c) Form DC6-226, Authorization for Disposition of Mail and Property, effective date 11-21-00.
(d) Form DC6-225, Inmate Partial Property Return Receipt, effective date 11-21-00.
(e) Form DC6-227, Receipt for Personal Property, effective date 11-21-00.
(f) Form DC6-238, Report of Risk Management Claim for Inmate Property, effective date 7-8-03.
(g) Form DC6-2006, Request for Storage of Excess Legal Material, effective date 7-8-03.
(h) Form DC6-2008, Excess Active Legal Material Inventory List, effective date 7-8-03.
(i) Form DC6-2007, Excess Inactive Legal Material Disposition Determination, effective date 7-8-03.
Specific 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,_________.
APPENDIX ONE
PROPERTY LIST
No change.