The purpose and effect of the proposed rule is to allow certain inmates with disabilities to possess digital players rather than tape player or tape records, to replace work shoes with boots on the authorized property list, and to incorporate forms ...

 

DEPARTMENT OF CORRECTIONS

RULE NOS.:RULE TITLES:
33-602.101Care of Inmates
33-602.201Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to allow certain inmates with disabilities to possess digital players rather than tape player or tape records, to replace work shoes with boots on the authorized property list, and to incorporate forms in the rule text in order to eliminate the form list at the end of Rule 33-602.201, F.A.C.
SUMMARY: To update the rule to allow certain inmates with disability to possess digital players, to replace work shoes with boots on the authorized property list and to incorporate forms in the rule text of Rule 33-602.201. F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.
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.
RULEMAKING AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.09, 945.215 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.101 Care of Inmates.

(1) through (10) No change.

(11) Inmates who are unable to handle or read written material due to physical impairment (this includes those who are visually impaired, paraplegic or quadriplegic, or severely affected with arthritis) and who receive assistance from the Bureau of Braille and Talking Book Library Services shall be allowed to possess a digital tape player or record player from the Bureau. Any alteration of equipment provided by the Bureau shall result in confiscation of the equipment and suspension of those privileges. A tape recorder shall be available for inmate use at a location determined by the warden which allows for supervision of use and which does not unduly restrict access. Inmates shall obtain approval from the chief health officer to utilize the tape recorder in lieu of pen and paper for correspondence purposes. Any material or equipment that an inmate receives from the Bureau of Braille and Talking Book Library Services remains the Bureau’s property and must be returned to the Bureau if an inmate loses the use of this material or equipment for disciplinary reasons. Impaired inmates shall be limited to possession of four digital books on tape. An inmate who has four digital books on tape in his possession will not be allowed to receive additional books until some are returned to the Bureau of Braille and Talking Book Library Services.

(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, 5-24-11, 2-6-12, 5-27-12,_________.

 

33-602.201 Inmate Property.

(1) The reception center chief of security shall ensure that property files are established for all new inmates. The inmate property file shall become part of the inmate’s institutional file. All forms and correspondence pertaining to inmate property shall be placed in this file in chronological order. The chief of security or designee shall be responsible for the maintenance of the inmate property file. An addendum will be made to Form DC6-224, Inmate Personal Property List, any time the status of inmate personal property changes. Form DC6-224 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 11-21-00. Examples of changes include when an inmate receives additional property through an approved source or when the inmate chooses to dispose of a broken or worn out item. Form DC6-224 is incorporated by reference in subsection (17) of this rule.

(2) No change.

(3) Upon receipt at any facility of the department, a written receipt for personal property that is in excess of that allowed shall be given to the inmate. When it becomes necessary to confiscate and impound the authorized personal property of an inmate subsequent to his reception in the institution, it will be immediately inventoried by an officer in the presence of the inmate, and a written, signed receipt, Form DC6-220, Inmate Impounded Personal Property List, itemizing the property will be given to the inmate. Form DC6-220 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 10-23-06. Form DC6-220 is incorporated by reference in subsection (17) of this rule. If the inmate’s behavior is such that the security and order of the institution is jeopardized by his presence during the inventory process, the inmate’s presence shall not be required. In such cases a second officer shall witness the inventory process. Proper procedures will be taken to safeguard and store such property so as to prevent its loss, damage or theft. Upon release of the property, a signed receipt will be obtained from the inmate. Money in excess of the amount allowed by institutional policies found in the possession of an inmate will be handled in accordance with paragraph 33-602.203(5)(a), F.A.C.

(4) through (5) No change.

(6) Storage of Excess Legal Materials.

(a) through (b) No change.

(c) Storage of Excess Active Legal Material.

1. No change.

2. When it is determined by the assistant warden or chief of security that an inmate has legal material that cannot be contained in the inmate’s assigned locker, the inmate shall be given a written order from an employee of the department providing:

a. No change.

b. If, after organizing and inventorying his or her legal material, the inmate will not be able to fit active legal material in his assigned inmate locker, the inmate shall complete Form DC6-2006, Request for Storage of Excess Active Legal Material, and Form DC6-2008, Excess Active Legal Material Inventory List, to be submitted to the warden for review. Form DC6-2006 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03. Form DC6-2008 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03. Forms DC6-2006 and DC6-2008 are incorporated by reference in subsection (17) of this rule.

3. through 4. No change.

5. Prior to placing an inmate’s active legal material into excess storage, the inmate’s legal material shall be subject to a cursory review by department staff to ensure compliance with department rules regarding utilization of excess storage, approved property, and contraband. This review will only be conducted in the presence of the inmate. Only the case style, signature on the document (if any), and letterhead (if any) may be read. Any material that is determined by staff to not be active legal material shall be collected by two designated employees and placed in a box(es) with interlocking flaps for storage pending disposition. The warden or designee shall notify the inmate on Form DC6-2007, Excessive Inactive Legal Material Disposition Determination, of the determination that the inmate has 30 days to make arrangements to have the excess inactive legal material picked up by an approved visitor, relative, or friend or sent out at the inmate’s expense as provided in subparagraph (6)(c)6. The institution will otherwise destroy the material. This notification shall be provided to the inmate within three calendar days of the determination unless the inmate provides verification of a deadline that cannot be met within the three day waiting period. The 30 day limit shall not include any time that a grievance appeal is pending provided the inmate has provided the warden or the warden’s designee with the written notice required in subparagraph (6)(c)7. Form DC6-2007 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03. Form DC6-2007 is incorporated by reference in subsection (17) of this rule. For purposes of this subparagraph, the warden’s designee may include the property room supervisor.

6. through 13. No change.

(d) through (f) No change.

(7) Impounded Property.

(a) No change.

(b) When personal property of an inmate is taken, it will be inventoried according to the following procedure on Form DC6-220, Inmate Impounded Personal Property List, and, whenever practical, in the presence of the inmate. Exceptions may be made when the inmate’s presence during this process jeopardizes institutional security or in times of an emergency such as a general disturbance creating security concerns. New inmates being processed into the department at one of the reception centers will have their property recorded on Form DC6-220, with a copy being given to the inmate. Unauthorized property will be stored pending final disposition as provided in this rule. At the time of receipt into the department each inmate will also sign Form DC6-226, Authorization for Disposition of Mail and Property, which authorizes the department to dispose of the property should the inmate abandon it. Form DC6-226 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 11-21-00. Form DC6-226 is incorporated by reference in subsection (17) of this rule.

1. through 5. No change.

(c) through (d) No change.

(e) If it is appropriate to return part, but not all, of the impounded property to the inmate, the following procedure will be followed:

1. That part of the property being returned will be listed on the approved release, Form DC6-225, Inmate Partial Property Return Receipt, and any property found to be missing at that time will be noted on the form. Form DC6-225 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 11-21-00. Form DC6-225 is incorporated by reference in subsection (17) of this rule. The employee making the release and the inmate will date and sign the release form, each in the presence of the other. One signed copy of the release form shall be given to the inmate. One copy shall be attached to the original inventory list and kept with the remaining impounded property until all property is returned to the inmate, at which time it will be placed in the inmate’s property file.

2. through 3. No change.

(f) No change.

(g) When an inmate whose personal property has been taken and impounded is transferred to another facility, that property shall be transported with the inmate or as soon as possible thereafter. It is the responsibility of the sending location to ensure that only authorized property is transported and that the inmate has signed the proper receipt for the property, Form DC6-227, Receipt for Personal Property. Form DC6-227 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 11-21-00. Form DC6-227 is incorporated by reference in subsection (17) of this rule. The procedures for returning property listed in paragraph (f) shall be followed. When the inmate has excessive authorized property that cannot be transported with the inmate, the procedures for making a partial return listed in paragraph (e) shall be followed.

(h) through (i) No change.

(8) through (13) No change.

(14) Missing Inmate Property.

(a) through (c) No change.

(d) The Department of Corrections Environmental Health, Safety and Risk Management Office shall review and forward the claim to the Department of Financial Services, Division of Risk Management, for review and reimbursement consideration. Form DC6-238, Report of Risk Management Claim for Inmate Property, shall be used to notify the institution of action taken on the claim by the Department of Corrections Environmental Health, Safety and Risk Management Office. Form DC6-238 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03. Form DC6-238 is incorporated by reference in subsection (17) of this rule.

(e) No change.

(15) through (16) No change.

(17) Forms. The following forms referenced in this rule are hereby incorporated by reference. Copies of any of these forms are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

(a) Form DC6-224, Inmate Personal Property List, effective date 11-21-00.

(b) Form DC6-220, Inmate Impounded Personal Property List, effective date 10-23-06.

(c) Form DC6-226, Authorization for Disposition of Mail and Property, effective date 11-21-00.

(d) Form DC6-225, Inmate Partial Property Return Receipt, effective date 11-21-00.

(e) Form DC6-227, Receipt for Personal Property, effective date 11-21-00.

(f) Form DC6-238, Report of Risk Management Claim for Inmate Property, effective date 7-8-03.

(g) Form DC6-2006, Request for Storage of Excess Legal Material, effective date 7-8-03.

(h) Form DC6-2008, Excess Active Legal Material Inventory List, effective date 7-8-03.

(i) Form DC6-2007, Excess Inactive Legal Material Disposition Determination, effective date 7-8-03.

APPENDIX ONE

PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department of Corrections which meets the description of property on the list shall be allowed to retain the property. Inmates transferring to department facilities from private correctional facilities shall be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold in department canteens, items purchased in canteens at private facilities will not always be admissible in department facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All canteen items are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” shall be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item shall not exceed that value. The terms “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “canteen” designation shall be available in all institutional canteens or through canteen order. All canteen items are transferable between department institutions. “State issue” means that the institution has the authority to issue this item to inmates based upon the character of the institution, the location of the institution, the housing or work assignment of the inmate, or other factors related to institution or inmate needs. Institutions housing death row inmates shall make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items shall be allowed to retain the items until they are no longer serviceable, but shall not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list.

– Locks other than V68 series

– Plastic bowls, tumblers, cups and lids

– Pantyhose

– Nail clippers larger than 2-1/2''

AUTHORIZED PROPERTY LIST
	CLOTHING
	Quantity	Unit	Value	Articles
	1	each		Athletic Bra (canteen – female only)
	1	each		Belt (state issue)
	4	each		Bras (state issue or canteen – female only)
	1	each		Coat (state issue)
	1	pair		Gloves, work (state issue)
	4	each		Handkerchief, cotton, white only (canteen)
	1	each		Hats (state issue)
	2	pair		Pajamas – long (state issue or canteen)
				Light blue or white – female only Light blue – male
	7	each		Panties (state issue or canteen – female only)
	3	each		Pants (state issue)
	1	each		Raincoat or Poncho – clear (state issue or canteen)
	1	each		Robe (state issue – female only)
	3	each		Shirt, outer (state issue)
	4	each		Shirt, T-Shirt (state issue or canteen order – gray for female, white for male) *inmates may possess both state-issue and canteen-purchased shirts, but the total combined number cannot exceed 4.
	1	pair		Shoes, Athletic (canteen)
	1	pair		Shoes, Boots (canteen or state issue)
	1	pair		Shoes, Work (canteen or state issue)
	2	each		Shorts, athletic (navy blue) (canteen)
	1	each		Shower cap, clear only (female only) (canteen)
	1	pair		Shower slides (canteen)
	6	pair		Socks (state issue or canteen)
	1	each		Supporter, athletic (male only) (canteen)
	2	each		Sweatshirts (gray only) (canteen order)
	4	each		Undershorts (male only) (state issue or canteen)
	2	each		Underwear, thermal (state issue or canteen)
PERSONAL ARTICLES
	Quantity	Unit	Value	Articles
	Number in use			Batteries (canteen)
	25	each		Roller clips – plastic only (females only), (canteen)
	*			Books (legal, educational, religious, fiction) – *
				Quantity as specified by Rule 33-501.401, F.A.C.
	1	each		Bowl – plastic (canteen)
	1	package		Breath tablets (canteen)
	1	each		Calendar, as specified by Rule 33-501.401, F.A.C.
	*			Canteen purchases – * limited by approved storage space;
	1	each		Canteen bag (canteen)
	1	set		Checkers (light wood or plastic, standard checkers
				only) (canteen order)
	1	set		Chess (light wood or plastic, 2 inches max. height)
				(canteen order)
	1	each		Coffee mug – plastic (canteen)
	1	each		Comb-pocket type, no handles (non-metal)
				(state issue or canteen)
	*			Correspondence – * limited by storage space
				limitations
	1	pack		Cotton swabs (plastic or paper stems only) (canteen)
	2	each		Crème rinse and conditioner (canteen)
	1	each		Cup, drinking – plastic (canteen)
	1	package		Dental floss, (floss loops only), unwaxed (canteen)
	1	each		Denture adhesive (state issue or canteen)
	1	each		Denture cup (canteen order)
	2	each		Deodorant and antiperspirant (no aerosols) (canteen)
	1	set		Domino (light wood or plastic, standard size)
				(canteen order)
	1	Set		Earbuds (canteen)
	1	pair		Earphone pads (replacement) (canteen order)
	1	pair		Ear rings, post type (female only) (canteen order)
	*			Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)
	1	pack		Emery board – cardboard (canteen)
	25	each		Envelopes – legal (#10 size) (canteen)
	5	each		Envelopes – oversized (10'' x 13'') (canteen)
	*			Envelopes, self-addressed stamped – * the total
				in the inmate’s possession shall not exceed the limit of 1 pack.
	2	each		Eyeglasses, case, contact lens and solutions (state
				issue or personal; “personal” means that inmates
				already in possession of these items will be allowed
				to retain them, but any future items will be provided
				by the institution if needed.) Contact lenses will only
				be provided if medically indicated
	1	each		Eye shadow, eyeliner, mascara, eyebrow pencil,
				blemish preparation, lipstick, blemish and spot
				cover-up, lip coloring (female only) (canteen)
	1	box		Feminine hygiene products (internal and external)
				(female only) (state issue or canteen)
	*			File folders (*limited by storage space)
	20			Greeting cards and accompanying envelopes
	1	each		Hairbrush – nonmetal, handles for females
				only (canteen)
	2	each		Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (canteen)
	1	each		Hair net (female only) (canteen)
	25	each		Hair rollers (female only) (canteen)
	2	each		Handballs or racketballs (canteen)
	1	each		Headphones for use with radio (canteen)
	Maximum weekly dosage			Health aids – headache and cold remedies, antacids,
				antifungal preparations, cough drops, nasal spray,
				etc. No imidazoline, tetrahydrozaline, or hydrochloride
				compounds (canteen – as approved by health services)
	2	each		Hearing aid (state issue or personal)
	*			Hobby craft – at locations where program exists
				and subject to storage space limitations
	1	each		Insect repellant (canteen)
	1	each		Jigsaw puzzle (canteen order)
	1	Each		Keyboard (canteen)
	1	each		Laundry bag (state issue or canteen)
	1	each		Lip balm (canteen)
	1	each		Locks, combination (V68 series) (canteen)
	1	each		Make-up bag, clear only (female only) (canteen)
	1	each		Mirror – plastic, nonbreakable, 5'' × 7'' max.
				(canteen)
	1	each		Moisturizer – (canteen)
	1	each		Mouthwash (canteen)
	1	each		MP3 Player (canteen)
	1	Each		MP3 Player arm band holder (canteen)
	1	each		Nail clippers, not to exceed 2 1/2'' (canteen)
	2	pack		Notebook paper (canteen)
	4	each		Pens, ballpoint, flair-type, pencils with erasers, or security pens,
				no markers (canteen)
	*			Periodicals – * as specified by Rule 33-501.401, F.A.C., and
				storage space limitations
	1	each		Photo album, non-metal (canteen)
	50	each		Photographs (personal)
	2	decks		Playing cards (standard) (canteen)
	5	each		Pony tail holder (fabric) or hair claws (plastic) (female only)
	1	each		P.R.I.D.E. service pin (issued to inmate from
				P.R.I.D.E.)
	*			Prosthesis – * as approved by health services
	1	each	50.00	Radio, DC/AM/FM only, “Walkman” type,
				maximum 4'' × 5'' (canteen)
	1	each		Razor, disposable (state issue)
	1	each	50.00	Razor, battery operated, non-rechargeable (canteen
				order)
	*			Religious requirements – as approved by chaplaincy
				services, (examples: head covering, prayer rug)
	1	each	50.00	Religious medallion with chain (personal or provided by Chaplain)
	1	each	100.00	Ring, engagement (personal, female only)
	1	each	100.00	Ring, wedding (personal)
	1	each		Roller cap, clear only (female only) (canteen)
	1	set		Scrabble (canteen order)
	1	each		Screen protector (canteen)
	2	each		Shampoo (canteen)
	1	each		Shaving cream (canteen)
	1	each		Shaving powder (canteen)
	1	pair		Shoe laces (canteen)
	1	each		Shoe wax (Liquid only, non flammable, no
				nitrobenzene; canteen)
	2	each		Soap, bath (state issue or canteen)
	1	each		Soap dish (canteen)
	1	each		Soap, laundry (female only) (canteen)
	*			Special needs – * special devices as approved for
				compliance with medical needs
	1	each		Spoon, plastic (canteen)
	40	each		Stamps (the equivalent of 40 1-ounce 1st class) (canteen)
	1	each		Sunglasses, no mirror type (canteen)
	1	each		Sunscreen lotion (canteen)
	1	each		Talcum powder (canteen)
	1	each		Toilet Paper (state issue or canteen)
	1	each		Toothbrush (state issue or canteen)
	1	each		Toothbrush holder (canteen)
	2	each		Toothpaste and Toothpaste with mouthwash (state issue or canteen)
	2	each		Towels (state issue)
	1	each		Wallet (canteen)
	1	each	50.00	Watch (personal or canteen)
	1	each		Watch band (nylon and Velcro only) (canteen)
	2	each		Washcloths (state issue or canteen)

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 1-25-10, 7-4-10, 10-26-11, 8-19-12, 11-12,  ______       .

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Director, Office of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 16, 2012