The purpose and effect of the proposed rule is to clarify that inmates on community custody status are eligible to be considered for furlough, to update form names and numbers, and to amend for grammatical accuracy.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.603: Furloughs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that inmates on community custody status are eligible to be considered for furlough, to update form names and numbers, and to amend for grammatical accuracy.
SUBJECT AREA TO BE ADDRESSED: Furloughs.
SPECIFIC AUTHORITY: 945.091 FS.
LAW IMPLEMENTED: 945.091 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: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.603 Furloughs.

(1) Purpose. This rule sets forth guidelines for the utilization of type A and B furloughs.

(2) Definitions.

(a) Furlough – The program that which allows inmates to visit in the community for specified purposes and under certain conditions.

(b) Correctional Officer Major – The chief correctional officer who is charged with the responsibility of the daily operation of a community correctional center.

(c) Approving Authority – For purposes of this rule, the term “approving authority” refers to the Secretary of the Department of Corrections or his designee who shall be the warden of a major institution or the select exempt service status employee who has oversight responsibility of a community correctional center.

(d) Relative – Relative is defined as a member of the inmate’s immediate family, i.e., parent, grandparent, brother, sister, spouse, child, grandchild, or legal guardian.

(e) Non-relative sponsor – A person approved through the furlough sponsor process who that is not a relative an immediate family member of the inmate.

(f) Family Visitation – A visit with a relative for the purpose of re-establishing family ties.

(g) Non-Advanceable Release Date – A release date that which cannot be reduced by the application of discretionary gain time.

(3) Policy Statement.

(a) Except as limited in this rule, the limits of confinement for inmates participating in the furlough program will be relaxed extended in area and in time to the degree necessary to allow the inmate to travel to the furlough destination, accomplish the purpose for which the furlough was authorized, and return to the facility. The limits will be specified in writing and the inmate will be advised of the limits prior to the issuance of a furlough.

(b) The department will allow inmates to leave the principal places of their confinement unaccompanied by a custodial agent for a prescribed period of time not accompanied by a custodial agent.

(c) The department shall have the authority to remove an inmate from the furlough program when the department determines that removal is in the best interest of the security and safety of the public, the department, or the inmate.

(d) The decision as to which inmates shall be allowed to leave the principal places of their confinement shall be based upon criteria set forth in subsection (6) of this rule 33-601.603(6), F.A.C.

(e) Inmate participation in the furlough programs shall be voluntary.

(f) Inmates who participate in the furlough programs shall at all times be considered in the custody of the department.

(4) Requirements and General Considerations.

(a) Participation in the furlough program is not a right, but a privilege that which must be earned by the inmate.

(b) Federal inmates housed in state facilities, inmates placed with the department pursuant to interstate compact agreements, and inmates within the custody of the department shall be eligible for consideration for furlough privileges.

(c) The objectives of the furlough program is are to contribute to the total rehabilitation of the inmate by any of the following means:

1. Easing Ease the transition from prison back to the community.

2. Seeking Seek employment that which may be retained after the inmate is released from the facility.

3. Helping Help determine the inmate’s readiness for release.

4. Preserving Preserve family and community ties.

5. Permitting Permit the inmate to develop or maintain occupational skills.

(d) General conditions applicable to participation in the furlough program are as follows:

1. An inmate who is furloughed to a sponsor shall remain in the company of that sponsor during the entire period of the furlough.

2. No inmate participating in the on a furlough program shall be allowed to operate any type of motor vehicle. Transportation shall be provided by the furlough sponsor or the facility. Public transportation shall be authorized when a furlough sponsor does not possess private means of transportation or when such transportation is required due to time or distance limitations. If public transportation is used, the cost of such transportation shall be paid by the inmate or sponsor.

3. Inmates who have contact with the community shall be subject to periodic drug testing. All inmates considered for furlough participation shall be subject to drug testing as a condition of their participation or consideration for the furlough.

(e) Clothing Requirements.

1. Inmates shall wear clothing suitable for the furlough program in which they are engaged.

2. In the event that suitable clothing is not available at the institution, the inmate’s family shall be required to furnish such clothing to the inmate. The control of civilian clothing for inmates on furlough will be covered by an institutional or center operating procedure.

(f) Upon request of the inmate, community and minimum custody inmates will be considered for furlough providing:

1. Objectives and goals specified in this rule will be met;

2. If a detainer exists from an outside agency, the detaining authority has, in writing, not objected to for the inmate’s participation inmate to participate in the furlough program;

3. The purpose for the furlough is legitimate and within a recognized reason for granting furlough, as specified in this rule;

4. The interests of the safety and security of the community and department will be served;

5. Any additional requirements or conditions imposed for the particular type of furlough requested are met; and

6. There is cause to believe that the inmate will honor the trust bestowed upon him or her. All furloughs shall be verified by the approving authority for the legitimacy and authenticity of the furlough requested by the approving authority.

(5) Furlough Sponsors.

(a) All furlough sponsors must be at least 18 years of age and must produce identification to verify age and identity.

(b) Factors used in assessing the appropriateness of an applicant to serve as a furlough sponsor are:

1. The nature of the relationship between the inmate and the prospective sponsor;

2. Institutional security concerns;

3. The arrest record, if any, of the prospective sponsor. In the event that the prospective sponsor has a criminal record, the nature and extent of that record and the date of the offenses shall be weighed against the value of the relationship;

4. Any other factor that which impacts the safety and security of the public, institution, or inmate;

5. Whether the potentional sponser is Must be a relative of the inmate, unless no such relative is available. In that event, a non-relative furlough sponsor shall be utilized.

(c) A furlough sponsor will not be approved if:

1. The applicant Applicant is under any active felony supervision;

2. The applicant Applicant has introduced or attempted to introduce contraband into any correctional facility within the last 10 years as documented by an incident report, or evidenced by a finding of guilt by a court or administrative body;

3. The applicant Applicant has assisted or attempted to assist an escape or escape attempt from any correctional facility;

4. The applicant Applicant or inmate has committed a violation of department regulations during furlough activities in which the applicant has served as a sponsor, within the last five years;

5. The applicant Applicant or inmate has given false information at any point during the application process, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertant or good faith mistake, omission, or clerical error.

(d) Approval to serve as furlough sponsor is subject to termination at any time for the reasons stated below:

1. Failure to disclose criminal activity;

2. Current criminal activity;

3. Violation of any rule set forth in Form DC6-152, Type A/B Furlough Sponsor Agreement, if the person is serving as sponsor for a type B furlough. Form DC6-152 is incorporated by reference in subsection (11) of this rule;

4. Infraction of furlough procedures;

5. Information acquired by the department that supports reasonable belief that the sponsor’s conduct or behavior does not promote the goals and objectives of the furlough;

6. Any other Sponsor is deemed to present a threat to the security, order, or rehabilitative objectives of the correctional system, or to the safety of any person posed by continued participation by the sponsor.

(6) Type A Furloughs.

(a) Type A furloughs are granted for the following purposes:

1. To visit a dying relative.

2. To attend the funeral of a relative.

3. For any other reasons deemed consistent with the public interest, including medical or mental health treatment, attendance at civil hearings, or to otherwise aid in the rehabilitation of the inmate.

(b) Other conditions that which apply to type A furloughs are:

1. Inmates must be community or minimum custody;

2. Inmates must complete Form DC6-178, Type A Furlough Agreement. Form DC6-178 is incorporated by reference in subsection (11) of this rule;

3. The sponsor must complete and agree to abide by all conditions of Form DC6-152, Type A/B Furlough Sponsor Agreement;

4. Inmates must agree to any time or distance limitations placed on them and the imposition of special conditions as determined by the approving authority. The inmate will be advised of these conditions and must abide by these conditions until released from them by the approving authority;

5. An inmate shall abide by all conditions in Form DC6-178 DC6-152, the Type A Furlough Agreement;

6. There are no limitations on the number of Type A furloughs that which may be granted;

7. Inmates furloughed for a hospital stay may not require sponsorship;

8. Only one inmate will be released to a sponsor at a given time period for Type A furloughs.

(c) The type A furlough recommendation shall be forwarded to the appropriate approving authority who shall ensure that the criteria, requirements, and considerations outlined in this rule are met, and who shall issue a final determination.

(7) Community Supervision Type A Furloughs.

(a) Pregnancy Furloughs.

1. Female inmates in the last trimester of pregnancy shall be considered for a Type A furlough if:

a. The inmate Inmate meets all criteria outlined in this rule;

b. The inmate is within 36 months of release unless, serving a sentence with a non-advanceable release date or a current commitment of 1st, 2nd, or 3rd degree murder or attempt, in which case the inmate shall be within 15 months of her release date;

c. The chief health officer verifies that the level of medical care that which will be rendered to the inmate outside the institution is comparable to or greater than that which could be rendered to the inmate within the institution.

2. A plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s activities while on furlough.

a. The plan of community supervision shall include supervision contact by probation and parole services while the inmate is on furlough status. The furloughing facility shall contact probation and parole services in the city where the inmate will be residing during the furlough period, and develop community control supervision contact standards. The developed plan will be attached to the furlough request.

b. The furloughing facility is responsible for the monitoring of the inmate’s progress while on the furlough. Monitoring shall include any changes in the inmate’s medical condition or any violations of the rules concerning the furlough. Any changes or violations detected shall be reported immediately to the appropriate authority of the furloughing facility.

c. Any violation of the conditions of the furlough shall be immediately reported to the approving authority.

d. The approving authority is authorized to terminate a pregnancy furlough any time during the furlough period for noncompliance with the conditions of the furlough. The pregnancy furlough shall be terminated within 1 week after a satisfactory 6 week postpartum examination.

3. The pregnancy furlough recommendation shall be forwarded to the approving authority who shall issue a final determination.

4. An inmate Inmates shall be considered for placement at the a community correctional center nearest to her their residence upon satisfactory completion of the pregnancy furlough.

(b) Medical Furloughs.

1. An inmate who in all medical probability is not expected to live more than 6 months from the date of the furlough request or is permanently incapacitated to such an extent that it is not reasonably foreseeable that he or she will be able to perpetrate a crime shall be considered for a Type A medical furlough. The inmate must meet all criteria outlined in this rule.

2. In order to be eligible for a medical furlough, the inmate must be recommended by the Chief Health Officer, Regional Health Services Director, and classification team, and the recommendation must be endorsed by the Assistant Secretary for Health Services. After the assistant secretary has endorsed the medical furlough based on all pertinent medical information and the above criteria, he shall forward the recommendation to the approving authority for review of security issues and for final determination. If approved, a plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s progress.

(c) The plan of community supervision shall include supervision contact by probation and parole services while the inmate is on furlough status. The furloughing facility shall contact probation and parole services in the city where the inmate will be residing during the furlough period, and develop community control supervision contact standards. The developed plan will be attached to the furlough request.

(d) The furloughing facility is responsible for the monitoring of the inmate’s progress while on the furlough. Monitoring shall include any changes in the inmate’s medical condition or any violations of the rules concerning the furlough. Any changes or violations detected shall be reported immediately to the appropriate authority of the furloughing facility.

(e) Any violation of the conditions of the furlough shall be immediately reported to the approving authority.

(f) The approving authority is authorized to terminate a medical furlough at any time during the furlough period for noncompliance with the conditions of the furlough, or changes in the inmate’s medical condition.

(g) Upon the death of the inmate on furlough, staff performing community supervision shall contact the institution from which the inmate was released on furlough. The institution shall be responsible for providing notice of the death, the custody and disposition of the body, the distribution of the certificate of death, and the coroner’s report pursuant to Rule 33-602.112, F.A.C., Inmate Deaths.

(8) Type B Furlough Sponsors. In addition to the criteria outlined in subsection (5) of this rule 33-601.603(5), F.A.C., Furlough Sponsors, the following criteria apply applies to Type B furlough sponsors:

(a) A Type B furlough sponsor shall be a relative, unless a relative is not available to serve as a sponsor or no relative meets fails to meet the criteria to serve as a sponsor, then a non-relative furlough sponsor may be utilized.

(b) The inmate who requests an applicant to become a type B furlough sponsor shall submit the appropriate request to his assigned center officer. The assigned center officer shall obtain an FCIC/NCIC criminal history background inquiry on the prospective furlough sponsor. The Correctional Officer Major correctional officer major of the community correctional center shall review the request and approve or disapprove the request based on criteria provided in subsection (5) of this rule 33-601.603(5), F.A.C. If disapproved, the correctional officer major shall provide the furlough sponsor applicant written notification of the decision and reasons why, a copy of which shall be included in the inmate’s record.

(c) Applicants approved to serve as type B furlough sponsors shall be added to an approved list for a period of six months. Pertinent information concerning the sponsor will be updated and approval to continue to serve as a sponsor will be reassessed every six months. If removed as a furlough sponsor, the sponsor shall be notified of the reasons for such a removal and reasons for removal shall be documented in the inmate’s record.

(d) In the event that any incident occurs involving the inmate or furlough sponsor while on type B furlough, the inmate’s assigned center officer shall prepare a report of the facts and a recommendation for review by the correctional officer major. The correctional officer major shall decide, based on the severity of the circumstances, whether approval should be withdrawn, and if withdrawn, shall provide the furlough sponsor with written notification of the decision, a copy of which shall also be included in the inmate’s file.

(9) Type B Furloughs.

(a) The goals of the type B furlough program are to motivate the inmate towards self-improvement, gradually reintegrate the inmate back into the community, strengthen family ties, and expose the inmate to beneficial programs.

(b) Prior to participation in the type B furlough program, the inmate and sponsor must participate in furlough orientation sessions.

(c) Type B furloughs aid in the rehabilitation of the inmate, and are granted for family visitation, routine medical or dental appointments, community volunteer projects, employment interviews, mental health counseling, haircut appointments, church services, or substance abuse treatment meetings.

(d) Restrictions on the number of type B furloughs., and time and distance limitations are as follows:

1. Type B furlough destinations are limited to the state of Florida.

2. Other than family visitation and time constraints, there are no limitations on the number of type B furloughs which may be granted. Only one type B furlough for family visitation will be issued to an inmate within a given week, which, for the purpose of this rule, encompasses Monday through Sunday.

3. Type B furloughs will be authorized only for the period of time needed to travel to and from the furlough destination and to accomplish the purpose of the furlough. Time extensions on approved type B furloughs shall be granted by the approving authority or the center’s officer-in-charge in cases of emergencies which arise while the inmate is on furlough.

4. Except as noted in subparagraph (9)(d)3. of this rule 33-601.603(9)(d)3., F.A.C., a type B furlough for purposes other than family visitation shall not exceed three hours. For family visitation an inmate shall not be granted more than a maximum of eight daylight hours. Factors that which will be considered in determining the maximum number of hours granted an inmate for a family visitation furlough shall include the inmate’s need for furlough, degree of participation in programs, adjustment to the facility, and willingness to abide by the furlough conditions.

(e) Inmates who demonstrate satisfactory facility adjustment and program participation, meet all eligibility criteria, and have either served 5 calendar years or have completed one third of the sentence to be served, which ever is less, shall be eligible for consideration for a furlough for family visitation purposes. “Sentence to be served” is interpreted as being from the imposed date of sentence to the earliest release date. The following special conditions apply to family visitation furloughs:

1. The furlough must occur in a residential type facility that which has telephone access. Hotel or motel rooms will suffice if a residential type facility is not available given the particular circumstances of the visitation;

2. Inmates will be required to call the facility when they arrive at their furlough destination and when they are departing from their furlough destination to return to the facility. In addition, at least one telephone contact with the inmate by facility staff shall be made to the location of the furlough to verify the inmate’s presence. The contact shall be documented on Form DC6-180, Sign-Out Sheet for Community Activity or Furlough. Form DC6-180 is incorporated by reference in subsection (11) of this rule;

3. Only one inmate will be released to a sponsor during a given time period for family visitation purposes.

(f) The approving authority for community correctional centers shall have the authority to approve participation in the type B furlough family visitation program for all inmates assigned to community correctional centers, contract work release, and contract community substance abuse treatment facilities. Once approval has been granted, the Correctional Officer Major or the program director at contract facilities shall have the authority to approve the taking of type B family furlough privileges on a case by case basis, while ensuring that the criteria requirements and considerations outlined in this rule are met.

(g) An inmate granted type B furlough privileges must:

1. Agree to the conditions as outlined in Form DC6-179, Type B Furlough Request Agreement. Form DC6-179 is incorporated by reference in subsection (11) of this rule;

2. Be accompanied throughout the furlough period by the approved furlough sponsor; and

3. Adhere to the following procedures:

a. Inmates who reside in community correctional centers, contract work release facilities, or a community contract substance abuse treatment facility, upon approval by the Correctional Officer Major or program director, shall be permitted to leave the center on a sign-out basis not requiring a type B family visitation furlough approval for the following activities: routine medical, mental health, or dental appointments; community volunteer projects; employment interviews; haircuts; church services; substance abuse counseling; or seeking suitable residence.

b. All inmates to whom a type B furlough privilege has been granted must be signed out of and into the facility by an officer prior to departure from and upon their return from the furlough activity utilizing Form DC6-180, Sign-Out Sheet for Community Activity or Furlough.

c. A furlough sponsor must accompany an inmate to attend church services, substance abuse treatment meetings, hair appointments, or to participate in volunteer community projects. A furlough sponsor is not required to accompany an inmate when seeking employment, routine medical or dental treatment, or suitable residence.

(h) An inmate who is on a type B furlough for any activity except family visitation or church services shall call the community correctional center, contract work release facility, or community Tier IV drug treatment center in which the inmate resides at least once per hour during the furlough period. In the event more than one inmate is attending a function with a particular sponsor, that sponsor, rather than the inmate, is authorized to make the required call at least once per hour during the furlough period.

(i) Should an inmate’s arrest history, assessed needs, and public safety considerations necessitate imposition of special conditions as determined by the approving authority, the inmate will be advised of the conditions and must abide by them until released from the conditions by the approving authority.

(10) Removal From the Type B Furlough Program.

(a) The approving authority of a community correctional centers shall remove an inmate from the furlough program if:

1. The approving authority, following placement of the inmate in the type B furlough program, receives any information concerning the inmate that which would adversely impact the safety and security of the community;

2. The inmate engages in any conduct that which causes the approving authority to believe that the inmate will not honor the trust bestowed upon him them;

3. The approving authority determines that it is not in the best interest of the safety and security of the community, the department, or the inmate to continue the inmate in the type B furlough program.

(b) If an inmate is removed from the furlough program, the reasons for such removal shall be documented in the inmate’s file.

(11) Forms. The following forms are hereby incorporated by reference.

(a) DC6-178, “Type A Furlough Agreement”, effective 4-13-98.

(b) DC6-179, “Type B Furlough Request Agreement”, effective _______ 12-8-97.

(c) DC6-152, “Type A/B Furlough Sponsor Agreement”, effective 12-25-08.

(d) DC6-180, “Sign-Out Sheet for Community Activity or Furlough” “Community Correctional Sign Out Sheet for Community Activities”, effective _______ 12-8-97.

Rulemaking Specific Authority 945.091 FS. Law Implemented 945.091 FS. History–New 12-8-97, Amended 4-13-98, 10-20-98, Formerly 33-9.024, Amended 10-9-07, 12-25-08,________.