The purpose and effect of the proposed rule is to clarify the circumstances under which an inmate may be confined to maximum management and the conditions under which a maximum management inmate’s status, conditions of confinement, and privileges ...

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.820: Maximum Management
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the circumstances under which an inmate may be confined to maximum management and the conditions under which a maximum management inmate’s status, conditions of confinement, and privileges may change.
SUBJECT AREA TO BE ADDRESSED: Maximum Management.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 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 Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.820 Maximum Management.

(1) Definitions.

(a) Institutional Classification Team (ICT) – the ICT is the team consisting of the Warden, Assistant Warden, Classification Supervisor, and Chief of Security that is responsible for making inmate status decisions and for making other recommendations to the State Classification Office (SCO), Regional Director, and Warden.

(b)(a) Maximum Management – refers to a temporary status for an inmate who, through a recent incident or series of recent incidents, has been identified as being an extreme security risk to the Department and requires an immediate level of control beyond that available in confinement, close management, or death row. The Secretary has shall designated Florida State Prison (FSP) as the only which institutions are authorized to house maximum management inmates, based upon the needs of the Department.

(b) Maximum Management Review Team – refers to the committee in Central Office that has approval authority for placement in maximum management and the modification of conditions and restrictions imposed at the time an inmate is initially placed in maximum management. The Maximum Management Review Team shall consist of the following staff or those acting in that capacity:

1. Deputy Assistant Secretary of Institutions – Operations (Chairperson);

2. Chief, Bureau of Classification and Central Records;

3. Chief, Bureau of Security Operations; and

4. Deputy Director of Health Services (Clinical).

(2) Maximum Management Placement Criteria. An inmate shall have, at a minimum, met the criteria for placement in Close Management I or death row and participated in a recent incident or series of recent incidents in which the inmate has which demonstrate:

(a) Escaped from or attempted to escape from a secure perimeter The inmate’s ability to effect an escape from a secure environment;

(b) Demonstrated a The inmate’s demonstrated willingness to use deadly force in a correctional setting;

(c) Been involved in a dangerous act targeting staff or an assault against staff, including sexual assault The inmate’s involvement in dangerous acts which could lead to a person’s injury or death, or insurrection; or

(d) Been involved in a life-threatening inmate-on-inmate assault requiring that the victim receive emergency outside medical treatment Other management problems that require an immediate level of control which exceeds that available in close management or death row.

(3) Initial Placement in Maximum Management Housing.

(a) An inmate may only be referred for initial placement in maximum management housing at Florida State Prison. If an inmate located at any other facility commits an offense that appears to meet the criteria for maximum management placement outlined in subsection (2) of this Rule, the institutional classification officer, senior classification officer, classification supervisor, or ICT at the facility shall enter into the Offender Based Information System (OBIS) a Pending Close Management Evaluation transfer request to FSP if the inmate is not already in close management. If the inmate is already in close management or death row, the institutional classification officer, senior classification officer, classification supervisor, or ICT of the facility shall enter into OBIS a request for the type of transfer to FSP that reflects the inmate’s current CM level or death row status. The Warden or Regional Director is required to send an e-mail to Central Office requesting transfer approval and the immediate scheduling of a direct transport to FSP indicating the inmate’s current status and including the request for maximum management placement. A description of the inmate’s behavior that warrants review for maximum management placement must be included. Whenever an inmate has met at least one of the conditions above, the Shift Supervisor shall recommend immediate placement in maximum management on Form DC6-101, Referral for Maximum Management. Form DC6-101 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is April 13, 2006.

(b) Whenever an inmate housed at FSP or an inmate transferred to FSP pursuant to paragraph (3)(a) has met at least one of the conditions listed in paragraph (2)(a), the Shift Supervisor shall place the inmate in maximum management housing. Immediately after placement, the Shift Supervisor at FSP shall enter in OBIS a referral for maximum management detailing the information and circumstances requiring maximum management placement The Warden or Duty Warden shall review the Referral for Maximum Management, Form DC6-101, and document his or her decision. Approval from the Warden or Duty Warden is required prior to placement of the inmate in maximum management pending completion of the hearing process in subsection (5).

(c) Within 24 hours after an inmate is placed in maximum management housing, the Warden or Duty Warden shall review the Shift Supervisor’s referral for maximum management and document a decision as to whether it is necessary to keep the inmate in maximum management housing pending completion of the hearing process in subsection (4). If the Warden or Duty warden determines that it is unnecessary to keep the inmate in maximum management housing pending completion of the hearing process, the inmate shall be placed in administrative confinement and the procedure for placement in close management outlined in Rule 33-601.800, F.A.C., shall be followed if the inmate is not already in close management. If the inmate was already in close management or death row status, the inmate shall be returned to that status. If the inmate’s recent behavior warrants consideration of an upward modification of his close management level, that action shall take place after his return to close management in accordance with Rule 33-601.800, F.A.C. If the Warden or Duty Warden determines that maximum management placement is appropriate, the inmate will immediately be given a written notice including the reason for the placement referral and informing the inmate that a hearing to review the placement will be held no sooner than 24 hours from the delivery of the notice. The Shift Supervisor who recommended placing an inmate in maximum management shall ensure delivery of the Referral for Maximum Management to the inmate prior of being relieved of duty. The Referral for Maximum management shall inform the inmate of the reason for the placement and that a hearing will be held no sooner than 24 hours from the delivery of the notice to review the recommendation for placement in maximum management housing. The inmate may waive the 24 hour waiting period or his or her appearance at the hearing by signing the 24 Hour/Refusal to Appear Waiver, Form DC6-104. Form DC6-104 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is April 13, 2006.

(d) The Classification Supervisor shall docket the inmate’s hearing before the ICT Institutional Classification Team for consideration of considering placement in maximum management status in accordance with subsection 33-601.820(3), F.A.C.

(4) Initial Placement Hearing and Decision Process.

(a) The ICT shall conduct a hearing with the inmate to determine whether placement in maximum management is appropriate.

(b) The inmate shall be present for the hearing unless:

1. The inmate waives his right to appear by signing the 24 Hour/Refusal to Appear Waiver, Form DC6-104; or

2. The inmate’s behavior jeopardizes the security or safety of the institution or the hearing as determined by the ICT chairperson.

3. If the inmate did not attend the hearing, the reasons the inmate did not appear at the hearing shall be included in the ICT recommendation entered in OBIS.

(c) If the ICT chairperson determines the need for staff assistance based upon language barriers or other existing barriers, the chairperson shall appoint a staff assistant.

(d) The chairperson shall offer the inmate the opportunity to make a verbal statement or present a written statement.

(e) The ICT chairperson shall have authority to postpone the hearing to gather further information or order an investigation regarding any pertinent issues. If the hearing is postponed, the reasons for postponement shall be entered in OBIS.

(f) The ICT shall recommend approval or disapproval of the recommendation for placement in maximum management. The ICT’s recommendations and the basis for the recommendations shall be entered in OBIS.

(g) The ICT’s recommendation shall be forwarded to the Warden for review. The Warden’s recommendation for approval or disapproval of maximum management placement conditions and the basis for the recommendations shall be entered in OBIS.

(h) The Warden’s recommendations shall be forwarded to the Regional Director for final review. The Regional Director’s decision to approve or disapprove maximum management placement and the basis for the decision shall be entered in OBIS. If the Regional Director disapproves the placement, the inmate shall immediately be removed from the maximum management cell and reclassified to his original status or placed in administrative confinement pending close management referral.

(i) The Classification Supervisor at FSP shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status changes approved by the Regional Director. The Classification Supervisor shall also ensure that the inmate is informed verbally and in writing of the Regional Director’s decision. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(5)(4) Initial Conditions of Placement in Maximum Management. Inmates shall be subject to the following conditions upon initial placement in maximum management:

(a) The inmate shall be provided clothing and bedding. If the inmate’s behavior requires, the Shift Supervisor may authorize the removal of clothing or bedding or that the solid door be closed for security reasons either upon initial placement or at any time during maximum management status. The Shift Supervisor shall notify the Warden. If in agreement with the action, the Warden shall notify the Regional Director. If the Regional Director agrees with the action, the Deputy Assistant Secretary of Institutions – Operations will be contacted for final approval no later than the first work day following the Shift Supervisor’s action. If an inmate’s clothing is removed, a modesty garment shall be immediately 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, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C. Under no circumstances shall an inmate be left without a means to cover him or herself.

(b) Reading materials – possession limited to a bible, religious testament, or other reading material specifically related to the inmate’s faith only;

(c) Out-of-doors recreation – limited to two hours once every 30 days for the first 60 days and two hours twice every thirty days thereafter or until the inmate’s exercise privileges have been reinstated pursuant to subsection (7);

(d) Meals shall be served on paper or styrofoam products only;

(d)(e) Possession of legal materials shall be permitted, and excess legal materials shall be stored pursuant to subsection 33-602.201(6), F.A.C.;

(e)(f) Legal Visits shall be permitted; and

(f)(g) Routine bank transactions or canteen purchases shall not be allowed, with the exception of stamp, paper, security pen, and envelope purchases for mail, legal work, and inmate requests and grievances.

(5) Initial Placement Hearing and Decision Process.

(a) The Institutional Classification Team (ICT) shall conduct a hearing with the inmate to determine whether placement in maximum management is appropriate.

(b) The inmate shall be present for the hearing, unless:

1. The inmate waives his right to appear by signing the 24 Hour/Refusal to Appear Waiver, Form DC6-104; or

2. The inmate’s behavior jeopardizes the security or safety of the institution or the hearing as determined by the Institutional Classification Team chairperson.

3. If the inmate did not attend the hearing, the reasons the inmate did not appear at the hearing shall be included in the ICT recommendation entered on Form DC6-171, Report of Maximum Management. Form DC6-171 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is October 30, 2006.

(c) If the Institutional Classification Team chairperson determines the need for staff assistance based upon language barriers or other existing barriers, the chairperson shall appoint a staff assistant.

(d) The chairperson shall offer the inmate the opportunity to make a verbal statement or present a written statement.

(e) The Institutional Classification Team chairperson shall have authority to postpone the hearing to gather further information or order an investigation regarding any pertinent issues. If the hearing is postponed, the reasons for postponement shall be included in the ICT recommendation entered on the Report of Maximum Management, Form DC6-171.

(f) The Institutional Classification Team shall recommend approval or disapproval of the recommendation for placement in maximum management and modification of the initial conditions of placement as listed in subsection (4), if changes were made. The initial conditions of placement are intended to be short-term and should be modified when the inmate’s adjustment to maximum management and the inmate’s level of threat to the security of the institution indicate that modification is appropriate. These conditions can only be modified to the level permitted for Close Management I inmates. The Institutional Classification Team’s recommendations and the basis for the recommendations shall be documented on the Report of Maximum Management, Form DC6-171.

(g) The Institutional Classification Team’s recommendations shall be forwarded to the Warden for review. The Warden’s recommendation for approval or disapproval of maximum management placement and any modifications of the initial conditions and the basis for the recommendations shall be documented on the Report of Maximum Management, DC6-171.

(h) The Warden’s recommendations shall be forwarded to the Regional Director for review. The Regional Director’s recommendation for approval or disapproval of maximum management placement and any modifications of the initial conditions and the basis for recommendations shall be documented on the Report of Maximum Management, Form DC6-171.

(i) The Regional Director’s recommendations shall be forwarded to the Maximum Management Review Team for review and final approval or disapproval of the maximum management placement and any modifications of the initial conditions. The Maximum Management Review Team’s decisions shall be documented on the Report of Maximum Management, Form DC6-171.

(j) If the Maximum Management Review Team disapproves the maximum management placement, the inmate shall immediately be reclassified to his original status and removed from the maximum management cell.

(k) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status or condition changes approved by the Maximum Management Review Team. The Classification Supervisor shall also ensure that the inmate is informed verbally and in writing of the Maximum Management Review Team’s decision. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(l) The Institutional Classification Team at the maximum management facility is responsible for ensuring that staff adhere to any time frames approved in reference to inmate conditions.

(m) An inmate shall not be released from maximum management status or be subjected to modifications of initial placement conditions until the actions are approved by the Maximum Management Review Team except as allowed in paragraph (4)(a) above.

(6) Review of Maximum Management Status and Conditions.

(a) The ICT Institutional Classification Team shall review the inmate’s maximum management status, the conditions set forth in subsection (4) above, and previously modified conditions weekly for the first sixty days from the date of placement, and at least monthly thereafter.

1. Weekly reviews by the ICT Institutional Classification Team during the first sixty days of maximum management status and monthly thereafter shall be documented on Form DC6-229, Daily Record of Special Housing.

2. If the ICT Institutional Classification Team recommends the inmate’s release from maximum management or a modification of the inmate’s conditions during the first sixty days, the ICT Institutional Classification Team shall enter also document its recommendation in OBIS on the Report of Maximum Management, Form DC6-171.

3. All reviews conducted at least monthly by the ICT Institutional Classification Team after the first sixty days of maximum management status shall be entered in OBIS documented on the Report of Maximum Management, Form DC6-171. This documentation shall include any recommendations for modifications of the inmate’s conditions.

4. The ICT shall enter in OBIS an inmate’s guilty findings on any disciplinary reports and all recommendations for modification of the inmate’s conditions.

(b) All ICT Institutional Classification Team reviews entered in OBIS documented on the Report of Maximum Management, Form DC6-171, shall be reviewed by the Warden. The Warden shall document his or her reason for approval, disapproval, or modification of the ICT Institutional Classification Team recommendations in OBIS on the Report of Maximum Management, Form DC6-171.

(c) The Warden’s recommendations for approval, disapproval, or modification of the inmate’s status or conditions shall be reviewed by the Regional Director. The Regional Director shall document approval, disapproval, or modification of the Warden’s recommendation in OBIS on the Report of Maximum Management, Form DC6-171.

(d) If the Regional Director approves the inmate for release from maximum management status, the inmate shall be placed in close management or death row housing. The decision to release the inmate from maximum management status shall be entered in OBIS continuation of maximum management status, no further review of the placement or modification of conditions is required. An inmate shall not be subjected to modification of conditions until the modifications are approved by the Regional Director, except as allowed in paragraph (4)(a) above.

(e) If the Regional Director recommends release from maximum management status, the recommendation shall be forwarded for review and final decision to the Deputy Assistant Secretary of Institutions – Operations. The Deputy Assistant Secretary of Institutions – Operations shall document approval, disapproval, or modification of the Regional Director’s recommendations on the Report of Maximum Management, Form DC6-171.

(e)(f) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status or condition changes approved by the Regional Director or Deputy Assistant Secretary of Institutions – Operations. The Classification Supervisor at the maximum management facility shall ensure the inmate is immediately removed from maximum management housing if approved by the Regional Director and returned to close management or death row housing.

(f)(g) The ICT at the maximum management facility shall ensure that staff adhere to any time frames approved in reference to inmate conditions.

(h) An inmate shall not be released from maximum management status until that action is approved by the Deputy Assistant Secretary of Institutions – Operations.

(7) Periodic Modification of Conditions.

(a) If after the following time frames the Regional Director determines an inmate has displayed satisfactory adjustment to maximum management based on the severity of any guilty findings on disciplinary reports created since the inmate’s initial placement on maximum management status and that reinstatement of privileges is appropriate, privileges shall be reinstated as follows:

1. After six consecutive months on maximum management and with the approval of the Regional Director, the following privileges shall be reinstated:

a. Recreation privileges up to one two-hour session per week; and

b. Property privileges to the extent that the inmate may possess two periodicals and may check out books from the library.

2. After nine consecutive months on maximum management and with the approval of the ICT, the following privileges shall be reinstated:

a. Recreation privileges up to two-hour sessions per week; and

b. Canteen privileges limited to one order per week. The inmate is further limited to five non-food items and five food items. In making this determination, with the exception of stamps, security pens, and notebook paper, it is the number of items counted rather than the type of item. With respect to stamps, security pens, and notebook paper, twenty-five stamps or fewer shall count as one item, three security pens or fewer shall count as one item, and two packages or fewer of notebook paper will count as one item.

3. After 12 consecutive months on maximum management and with approval of the ICT, the following privileges shall be reinstated:

a. Recreation privileges up to three two-hour sessions per week; and

b. Ability to purchase a ‘walkman’-type radio, headphones, and batteries or to be issued these items from the inmate’s stored property.

(b) If an inmate whose privileges have been reinstated is subsequently found guilty on a disciplinary report, the ICT shall review the report and make a determination as to whether and to what extent privileges shall be revoked.

(c) Any recommendations by the ICT and/or Warden and Regional Director decisions to modify conditions shall be entered in OBIS during weekly or monthly reviews of the inmate’s maximum management status. The Classification Supervisor at FSP shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status or condition changes approved by the Regional Director.

(8)(7) On-Site Review of Maximum Management.

(a) If an inmate remains in maximum management status for 90 days, the Regional Director or designee shall conduct an on-site review of the inmate’s maximum management status and conditions in conjunction with the monthly review of the Warden’s recommendations. This on-site review shall take place after every 90 day period of continued maximum management status. The Regional Director’s designee shall be a Regional Assistant Warden, Regional Classification Administrator, or State Classification Officer.

(b) The ICT Institutional Classification Team shall participate in the review of the inmate’s adjustment with the Regional Director or his or her designee.

(c) The Regional Director’s decisions made following this on-site review will be entered in OBIS as directed in subsection (7) above documented on the Report of Maximum Management, Form DC6-171.

(9)(8) Security Requirements.

(a) All security requirements outlined in Rule 33-601.800, F.A.C., for close management inmates are applicable for all maximum management inmates.

(b) Additionally, the following security precautions shall be followed for maximum management inmates:

1. The inmate shall remove all clothing to allow for a strip search and pass the clothing to the officers for thorough search before being restrained and exiting the cell. The inmate shall remain under constant visual surveillance during the process.

2. A maximum management inmate shall exit the cell only in handcuffs behind the back with handcuff cover and in the presence of a minimum of two officers.

3. Once out of the cell, the inmate shall be placed in leg irons and escorted by two correctional officers at all times.

4. The cell shall be thoroughly searched each time the inmate exits the cell for any reason, but no less frequently than three times each week.

5. When escorting a maximum management inmate past other maximum management inmate cells, the cells will have the solid security door and cuff/food port closed and secured.

6. Under no circumstances will any two maximum management inmates be out of the cells under escort in the same area at the same time.

7. A maximum management inmate shall submit to a visual strip search and clothing search each time the inmate is returned to the cell from any escort.

(10) Other Conditions of Confinement.

(a) Religious services shall be delivered by institutional chaplaincy staff or approved volunteers only.

(b) Inmates in maximum management shall be required to conduct legal business by correspondence rather than a personal visit to the law library, when possible. If access to the law library is required, a secure cell in the law library shall be used to prevent direct contact with other inmates including law clerks.

(c) Medication shall be dispensed and administered in accordance with Health Services protocols for confinement.

(d) Inmates who are housed in maximum management will have mental health and medical care services to the same extent as all close management inmates. Monitoring of inmates will be as described in Rule 33-601.800, F.A.C.

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 12-7-00, Amended 11-23-03, 4-1-04, 4-13-06, 10-30-06, 4-27-08,_________.