The purpose and effect of the proposed rule is to clarify the handling of excess photographs received in routine mail.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the handling of excess photographs received in routine mail.
SUMMARY: The rule is amended to specifically allow inmates to send out photographs, at their own expense, when additional photos are received in routine mail than the inmate is allowed by property limits.
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 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.201 Inmate Property.

(1) through (4) No change.

(5) Unauthorized Property. (Also see Control of Contraband, Rule 33-602.203, F.A.C.).

(a) Property which is considered contraband pursuant to Rule 33-602.203, F.A.C., shall be handled as provided for in Rule 33-602.203, F.A.C.

1. No change.

2. If an inmate receives photographs in the mail which, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess photographs out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra photographs as soon as they are received. Excess photographs found in an inmate’s property will be considered contraband.

3.2. An inmate who is in possession of the maximum number of articles allowed by this rule and who wishes to replace a worn item must contact the property officer to arrange to discard or send the worn item out at his own expense before purchasing a replacement item.

(b) No change.

(6) through (17) No change.

Specific 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, ________.

 

APPENDIX ONE

PROPERTY LIST

No change.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 2, 2007