33-602.101: Care of Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the circumstances under which staff may force hygiene and grooming standard compliance.
SUBJECT AREA TO BE ADDRESSED: Grooming Standards.
SPECIFIC AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.09, 945.215 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: Kendra Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-602.101 Care of Inmates.
(1) through (4) No change.
(5) The If an inmate refuses to adhere to the grooming standards after having been given an opportunity and after having been found to be in violation through the formal disciplinary process (Rules 33-601.301-.314, F.A.C.), the officer in charge or a more senior official shall direct staff to shave the inmate, or cut the inmate's hair if an inmate refuses to adhere to the grooming standards after, or take other necessary action to bring the inmate into compliance with the grooming standards after all efforts to verbally persuade the inmate to comply have failed and:.
(a) The inmate has been found to be in violation of Department grooming standards through the formal disciplinary process (Rules 33-601.301-.314, F.A.C.) or
(b) The inmate has been deemed by authorized medical staff to not be responsible for the non-compliance and the continuing non-compliance creates a health or welfare risk to the inmate or others.
(6) When it is necessary to use force to bring an inmate into compliance with the grooming standards carry out this task, the use of force shall be documented pursuant to Rule 33-602.210, F.A.C.
(6) through (11) renumbered (7) through (12) No change.
Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.09, 945.215 FS. History-New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07, 5-13-08, 6-22-10,_________.