25553309

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-601.800Close Management

PURPOSE AND EFFECT: Rule 33-601.800 is being amended to allow inmates in CM to possess a tablet and have limited access to kiosk and tablet services. The changes also prohibit inmates in CM from possessing Walkman-type radios, battery operated razors, and batteries due to institutional security concerns associated with these items in a restrictive housing environment. Additionally, references to self-harm observation status and procedures have been added to match current policies and procedures. Finally, form DC6-163 will be incorporated into 33-601.800.   

SUBJECT AREA TO BE ADDRESSED: Close Management

RULEMAKING AUTHORITY: 944.09, F.S.

LAW IMPLEMENTED: 944.09, 944.241, F.S.

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 REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Office of the General Counsel, Attn. FDC Rule Correspondence, 501 South Calhoun Street, Tallahassee, Florida 32399, [e-mail].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-601.800 Close Management.

(1) Definitions.

(a) through (b) No Change

(c) Critical Event – involvement of a CM inmate in one or more of the following events or behaviors: assignment to self-harm suicide observation status, homicide, attempted homicide, escape, attempted escape, physical or sexual assault or battery, or attempted physical or sexual assault or battery.

(d) through (t) No Change

(2) through (9) No Change

(10) Conditions and Privileges in Close Management Units.

(a) through (b) No Change

(c) Personal Property – Inmates in CM shall be allowed to retain personal property including stamps, watches, rings, writing paper, envelopes, and health and comfort items unless they pose a threat or potential threat to the public, staff, visitors, other inmates, or the secure and orderly operations of an institution. Inmates in CM may not possess a Walkman-type radio or batteries with approved headphones in accordance with Rule 33-602.201, F.A.C. Inmates in CM CMIII may possess a tablet in accordance with Rule 33-602.900, F.A.C. and this rule. Exceptions or restrictions regarding any item will be documented on Form DC6-229. An Inmate Impounded Property List, Form DC6-220, will be completed by security staff and signed by the inmate designating any personal items that are removed. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. The original Form DC6-220 shall be placed in the inmate’s property file and a copy of the form will be given to the inmate for his or her records. If items of clothing, bedding, or personal property are removed in order to prevent the inmate from inflicting injury to himself, herself, or others, to prevent the destruction of property or equipment, or to prevent the inmate from impeding security staff from accomplishing functions essential to the unit and institutional security, staff shall reassess the need for continued restriction every 72 hours thereafter. Based on these reassessments, the warden will make the final determination regarding the continued denial or return of the items. The items will be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction has occurred during any 72-hour reassessment period.

(d) No Change

(e) Personal Hygiene – Inmates in CM shall meet the same personal hygiene standards as required of inmates in general population.

1. At a minimum,  each inmate in CM shall shower three times per week and on days that the inmate works.

2. Any male inmate who elects to be clean shaven shall be clipper shaved three times per week. Any male inmate who elects to grow and maintain a half-inch beard shall have his beard maintained in accordance with Rule 33-602.101, F.A.C. The possession and use of shaving powder and battery operated razors in CM is prohibited.

3. Hair care shall be the same as that provided to and required of inmates in general population.

(f) through (n) No Change

(11) Programs and Privileges in Close Management Units.

(a) No Change

(b) CMI. Privileges for an inmate assigned to CMI are as follows:

1. through 6. No Change

7. Inmates in CMI shall have limited access to are not permitted to access kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Inmates shall only have access to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

8. No Change

(c) CMII. In addition to the programs provided for inmates in CMI and those privileges outlined in subparagraphs (11)(b)1.-4. of this rule, the following privileges are authorized for inmates in CMII:

1. through 4. No Change

5. Inmates in CMII shall have limited access to are not permitted to access kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Inmates shall only have access to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, incoming videograms, content purchased prior to placement in CMII, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

6. No Change

(d) No Change

(12) Suspension of Privileges. The ICT shall suspend or limit an inmate’s privileges if security and safety concerns would preclude an inmate from receiving certain privileges.

(a) When a disciplinary report has been written and the hearing is pending, staff shall complete the Close Management Privilege Suspension Request, Form DC6-163, to suspend privileges between the time the disciplinary report is written and the hearing is held .  Form DC6-163 is hereby incorporated by reference.  Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.XXXXXXX.  The effective date of the form is XX-XX-XX.

(b) Any action taken by the ICT regarding the suspension or limiting of privileges will be documented on Form DC6-229. Privileges suspended by the ICT in excess of 30 days will require the review and approval of the SCO.

(13) through (18) No Change

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.241 FS. History–New 2-1-01, Amended 12-16-01, 4-8-04, 3-10-05, 4-9-06, 8-23-07, 4-27-08, 6-28-10, 4-6-11, 7-31-11, 1-4-12, 12-9-12, 12-24-13, 3-6-14, 8-17-16, 1-18-21, 6-1-21, _____________.