The purpose and effect of the proposed rule is to clarify the definition of religious publications and to generally amend for grammatical accuracy.

DEPARTMENT OF CORRECTIONS

Rule No.: RULE TITLE
33-503.001: Chaplaincy Services
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the definition of religious publications and to generally amend for grammatical accuracy.
SUMMARY: The proposed rule adds “religious calendars” to the list of defined religious publications and generally amends for grammatical accuracy.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business and is not expected to directly or indirectly increase regulatory costs more than $200,000 within a year of taking effect. A SERC has not been prepared by the agency.
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, 944.11 FS.
LAW IMPLEMENTED: 90.505, 944.09, 944.11, 944.803 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-503.001 Chaplaincy Services.

(1) Organization and Functions.

(a) The Chaplaincy Services Section of the Office of Education and Initiatives Classification and Programs is responsible for:

1. through 4. No change.

(b) The chaplaincy services administrator Chaplaincy Services Administrator is the chief administrative officer of the Chaplaincy Services Section section and directs and coordinates all activities of the section.

(c) The chaplain Chaplain of each institution is directly responsible to the area chaplaincy services Chaplaincy Services specialist and coordinates activities with the institution’s security staff. The chaplain He plans, coordinates, and supervises all religious activities and services at the institution and. He is responsible for the moral and spiritual well-being of all inmates, including the non-religious.

(2) Policy.

(a) No change.

(b) Programs of the Department and activities of the chaplains Chaplains shall be designed to assist inmates in the expansion of their knowledge and understanding of and commitment to the beliefs and principles of their respective religions.

(c) There shall be no discrimination for or against an inmate based on his religious beliefs or practices, but:

1. An inmate’s religious practices may be relevant to an assessment of his adjustment and progress toward rehabilitation;, and

2. No change.

(3) Religious Services and Rituals.

(a) All religious services, rituals, or activities at the institution shall be conducted or supervised by the chaplain Chaplain or other employee or regular service volunteer.

(b) Participation in or attendance at any religious program, service, or activity is voluntary.

(c) In the interest of security, order, or effective management of the institution, the warden may limit the number of religious services or activities inmates may attend per week. When it is considered necessary for security or good order of the institution, the warden may limit attendance at or discontinue completely a religious service or activity. The warden may not restrict or allow the religious group itself to restrict attendance at or participation in a religious service or activity on the basis of race, color, or nationality. Inmates are allowed to visit religious services other than their own so long as the services are not scheduled by call-out, the inmate visits the religious service during his own free time, and the inmate does not provoke disruption of the service. The volunteer clergy or religious leader is authorized to limit participation in specific sacraments to members of the faith according to the faith tradition. Inmates attending a religious service or activity may be required to sign an attendance record.

(d) Appropriate liturgical apparel, such as skull caps, head shields, and prayer shawls, may be worn during a religious activity.

(e) Rituals of specific faiths or denominations may be conducted when appropriate facilities are available. If no institutional facilities are available, the warden may authorize ritual services outside the institution when security procedures permit.

(f) The warden, Officer-in-Charge, or his designee may authorize the introduction into the institution of altar or sacramental wine to be used in a sectarian or interfaith service when the use of such wine is deemed essential to the observance of the service. Only the quantity needed for a specific service may be brought into the institution. Storage of wine for use in future services shall not be permitted. In every instance, the control of such elements shall be the responsibility of the institution chaplain Chaplain.

(g) Inmates in the general population may transport the following items for individual worship, as defined in Rule 33-602.201, F.A.C., from their assigned cells or individual sleeping areas to the institutional chapel or other designated program area for the purpose of participating in a scheduled religious program, service, or activity for which the item is necessary or appropriate, as determined by the chaplain Chaplain:

1. through 5. No change.

(4) The chaplain Chaplain shall develop and conduct a program of religious education at the institution.

(5) The chaplain Chaplain shall be available to counsel all inmates, regardless of their classification or status, and. He shall have access to all areas of the institution.

(6) The chaplain Chaplain shall be authorized to maintain written communication with inmates where the inmate and the chaplain Chaplain have been at the same institution, at the same time, and either the inmate or the chaplain Chaplain has transferred to another Florida Department of Corrections institution under the following conditions:

(a) The written communication must fall within the scope of clergy professional standards (i.e., provide provides spiritual direction, advice, counsel, or encouragement).

(b) Consistent with the effective management and order of the institution, the chaplain Chaplain maintaining written communication with an inmate at another Florida Department of Corrections institution must inform the chaplain Chaplain at the inmate’s current institutional location.

(7) A communication to a chaplain Chaplain from an inmate, if made privately for the purpose of seeking moral or spiritual counsel and advice from the chaplain Chaplain in his capacity as chaplain Chaplain, is privileged. The chaplain Chaplain shall not disclose any part of such communication without the inmate’s consent except when necessary to prevent a crime or to protect the life or safety of any person or the security of the institution.

(8) The chaplain Chaplain shall not attempt to influence an inmate to change his religious preference or faith.

(9) The chaplain Chaplain shall be available to provide moral and spiritual counseling to employees.

(10) An effort shall be made, consistent with the security, order, and effective management of the institution, to arrange work assignments and schedules to accommodate the beliefs and practices of inmates whose religion requires them to abstain from work on religious holy days.

(11) Activities should be scheduled to allow each inmate an opportunity to participate in religious programs and activities of his choice consistent with the security, order, and effective management of the institution.

(12) Inmates who wish to observe religious dietary laws shall be provided a diet sufficient to sustain them in good health without violating those dietary laws. Exceptions may be made only in unusual cases where providing a special diet would:

(a) No change.

(b) Create a threat to the security, order, or effective management of the institution, or

(c) through (d) No change.

(e) The chaplain Chaplain shall advise the institutional officials in charge of food services Food Services on all matters relating to the implementation of this subsection.

(13) Religious Publications.

(a) Inmates shall have access to religious publications through the chapel or institutional library or as provided through the chaplain Chaplain.

(b) The chaplain Chaplain shall assist inmates in obtaining personal copies of religious books and periodicals, subject to rules of the Department of Corrections and the local institution.

(c) Religious publications shall include the following:

1. Sacred texts – defined as the primary religious documents from which the standards of the faith are derived.

2. Prayer books – defined as the instructional material, prayers and liturgies for the observation of holy rituals, services and personal devotion;

3. Devotional literature – defined as religious commentary, religious calendars, personal instruction in the faith, and sermon type material.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 90.505, 944.09, 944.11, 944.803 FS. History–New 1-6-82, Formerly 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03, 2-25-08, 9-22-08, 1-25-10,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Alex Taylor, Chaplaincy Services Administrator
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 24, 2010