The purpose and effect of the proposed rule is to provide uniformity in inmate dress requirements by clarifying when the wearing of athletic shorts outside the housing unit is permissible.

 

DEPARTMENT OF CORRECTIONS

Departmental

RULE NO: RULE TITLE:

33-602.101 Care of Inmates

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide uniformity in inmate dress requirements by clarifying when the wearing of athletic shorts outside the housing unit is permissible.

SUMMARY: The proposed rule allows inmates to wear athletic shorts outside the housing unit only when on the recreation yard or moving to and from the yard, or to the canteen when going to the canteen directly from the yard.

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, 945.215 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 THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.101 Care of Inmates.

(1) No change.

(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with institution policy.

(a) through (i) No change.

(j) Inmates shall not wear athletic shorts authorized for possession and purchase through the institutional canteen outside their assigned housing units except as authorized below:

1. Inmates shall be allowed to wear athletic shorts on the recreation yard and for movement to and from the recreation yard;

2. Inmates shall be allowed to wear athletic shorts to the inmate canteen only in those cases where inmates are allowed to go to the inmate canteen directly from the recreation yard.

(3) through (10) No change.

Specific Authority 944.09, 945.215 FS. Law Implemented 944.09 FS. History–New 10-8-76, Formerly 33-3.02, Amended 4-19-79, 4-24-80, 1-9-85, 11-3-87, 9-16-88, 7-23-89, 8-27-91, 3-30-94, 11-14-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Drake, Deputy Assistant Secretary of Institutions – Operations

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George Sapp, Assistant Secretary of Institutions

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 21, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2005