The purpose and effect of the proposed rule is to delete obsolete and unnecessary language; define relevant terms; provide requirements for documentation of actions and decisions related to maximum management; describe the process for maximum ...

 

DEPARTMENT OF CORRECTIONS

Departmental

RULE NO.: RULE TITLE:

33-601.820 Maximum Management

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to delete obsolete and unnecessary language; define relevant terms; provide requirements for documentation of actions and decisions related to maximum management; describe the process for maximum management placement, review and release; provide for the imposition of immediate restrictions; and clarify authority and responsibilities associated with maximum management review and decision-making.

SUMMARY: Revises procedures and forms related to: Immediate placement in maximum management housing immediate placement now required upon recommendation; changes to initial conditions (closing solid door, removal of bedding or clothes) final approval by Deputy Assistant Secretary of Institutions Operations rather than warden; initial placement in maximum management status places final approval responsibility with maximum management review team rather than warden; review of maximum management status and conditions final approval by Regional Director and/or maximum management review team rather than state classification office; and on-site review of maximum management regional director or designee rather than state classification office conducts on-site review.

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 THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-601.820 Maximum Management.

(1) General. Maximum Management is a temporary status for an inmate who, through a recent incident or a series of recent incidents, has been identified as being an extreme security risk to the Department and requires an immediate level of control beyond that available in close management or death row.

(1)(2) Definitions.

(a) Close Management I (CM I) – the most restrictive single cell housing level of all the close management status designations.

(b) Institutional Classification Team (ICT) for Maximum Management Review – refers to the team consisting of the Warden or Assistant Warden, Classification Supervisor, a correctional officer chief, and other members as necessary when appointed by the Warden or designated by rule. The ICT is responsible for making work, program, housing and inmate status decisions at a facility and for making other recommendations to the State Classification Office (SCO).

(a)(c) Maximum Management (MM) – refers to a temporary status for an inmate who, through a recent incident or series of recent incidents, has been identified as being an extreme security risk to the Department and requires an immediate level of control beyond that available in close management or death row. The Secretary shall designate which institutions are authorized to house maximum management inmates, based upon the needs of the Department.

(d) Maximum Management Cell – a single-cell housing type that has two doors, a grille front with a securable opening for feeding and cuffing, and a solid door in close proximity of the external grille door.

(b) Maximum Management Review Team – refers to the committee in Central Office that has approval authority for placement in maximum management and the modification of conditions and restrictions imposed at the time an inmate is initially placed in maximum management. The Maximum Management Review Team shall consist of the following staff or those acting in that capacity:

1. Deputy Assistant Secretary of Institutions – Operations (Chairperson);

2. Chief, Bureau of Classification and Central Records;

3. Chief, Bureau of Security Operations; and

4. Deputy Assistant Secretary of Health Services (clinical).

(e) Shift Supervisor – the highest-ranking Correctional Officer on-duty.

(f) Staff Assistant – refers to an employee assigned to the inmate to explain the recommendation for placement or procedures to the inmate when the inmate is illiterate or does not understand English. A staff assistant shall not take the position of an advocate or defense attorney.

(2)(3) Maximum Management Placement Criteria.

(a) An inmate shall have, at a minimum, met the criteria for placement in Close Management I or death row and participated in a recent incident or series of recent incidents which demonstrate:

1. through 4. renumbered (a) through (d) No change.

(3) Initial Placement in Maximum Management Housing.

(a)(b) Whenever an inmate has met at least one of the conditions above, and the Shift Supervisor believes that the inmate cannot be controlled in a status less than maximum management, the Shift Supervisor shall recommend immediate placement in maximum management on by completing Section 1 of Form DC6-101, Referral for Maximum Management. Form DC6-101 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is ________. Form DC6-101 is incorporated by reference in subsection (6) of this rule. Approval from the warden or duty warden shall be received prior to placement of the inmate in maximum management.

(b)(c) The Warden or Duty Warden shall review the Referral for Maximum Management, Form DC6-101, and document his or her decision. Approval from the Warden or Duty Warden is required prior to placement of the inmate in maximum management pending completion of the hearing process in subsection (5) approve or disapprove the immediate placement of an inmate in maximum management by signing Form DC6-101, Referral for Maximum Management.

(c) The Shift Supervisor who recommended placing an inmate in maximum management shall ensure delivery of the Referral for Maximum Management to the inmate prior to being relieved of duty. The Referral for Maximum Management shall inform the inmate of the reason for the placement and that a hearing will be held no sooner than 24 hours from the delivery of the notice to review the recommendation for placement in maximum management. The inmate may waive the 24 hour waiting period or his or her appearance at the hearing by signing the 24 Hour/ Refusal to Appear Waiver, Form DC6-104. Form DC6-104 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is ________.

(d) Whenever an inmate has met at least one of the conditions in subsection 33-601.820(3), F.A.C., and the Shift Supervisor believes that the inmate should be reviewed for but not immediately placed in maximum management at the present time, then the Shift Supervisor shall recommend placement by completing Section 1 of Form DC6-101, Referral for Maximum Management. The Shift Supervisor shall notify the Classification Supervisor in writing of the recommendation no later than the following administrative workday.

(d)(e) No change.

(4) Conditions of Placement in Maximum Management. Inmates shall be subject to the following conditions upon initial placement in maximum management:

(a) The During initial placement of an inmate shall into maximum management the following will be provided clothing and bedding. If the inmate’s behavior requires, the Shift Supervisor may authorize the removal of clothing or bedding or that the solid door be closed for security reasons either upon initial placement or at any time during maximum management status. The Shift Supervisor shall notify the Warden. If in agreement with the action, the Warden shall notify the Regional Director. If the Regional Director agrees with the action, the Deputy Assistant Secretary of Institutions - Operations will be contacted for final approval no later than the first work day following the Shift Supervisor’s action. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229A, CM Daily Record of Segregation. Form DC6-229A is incorporated by reference in Rule 33-601.800, F.A.C. Under no circumstances shall an inmate be left without a means to cover him or herself.:

1. Clothing – (one set of blue pants and shirt, boxer shorts, tee shirt, coat during the winter, and one pair of shower slides);

2. Bedding – (one mattress, one pillow, one pillow case and one blanket);

3. Solid Door – Should an inmate’s behavior require that the solid door be closed for security reasons, the Shift Supervisor may authorize this immediate restriction. The Shift Supervisor shall notify the ICT the following day and the ICT shall approve, disapprove or modify this restriction. The ICT shall notify the warden for final approval, disapproval or modification of the ICT decision as described in subsection (5) of this rule.

(b)4. Reading materials – possession limited to (a bible, religious testament or other reading material specifically related to the inmate’s faith only);

(c)5. Out-of-doors recreation –(limited to once every 30 days);

(d)6. Meals shall be served on paper or styrofoam products only;

(e)7. Possession of lLegal materials shall be permitted;

8. Inmate Grievance forms;

(f)9. Legal Visits shall be permitted;

10. Mail correspondence as provided for Close Management inmates.

(g)(b) Inmates in maximum management status shall not be allowed to make Rroutine bank transactions or canteen purchases shall not be allowed, with the exception of stamp, paper and envelope purchases for mail.

(c) The conditions set forth in paragraphs (a) and (b) above shall be reviewed at least weekly by the ICT, and when the ICT determines the inmate has sufficiently demonstrated positive adjustment, consideration shall be given to adjusting the inmate’s conditions to the extent authorized for Close Management I inmates. The Institutional Classification Team shall document their justification for adjustment on Form DC6-101, Referral for Maximum Management.

(5) Maximum Management Conditions After Initial Placement Hearing and Decision Process. Should the inmate’s behavior require alteration of initial placement conditions or previously relaxed conditions as described in paragraphs (4)(a) and (b), the Institutional Classification Team shall make the recommendation to the warden on Form DC6-101, Referral for Maximum Management. The warden shall approve, disapprove or modify the recommendations.

(6) Inmate Notice of Maximum Management Hearing. The Shift Supervisor who recommends placing an inmate in maximum management shall ensure delivery of the Notice of Referral for Maximum Management, Form DC6-101, to the inmate prior to being relieved of duty. Form DC6-101 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is December 7, 2000. The written notice will provide the inmate with an explanation of the reason for the recommendation or placement and inform the inmate that a hearing will be held no sooner than 24 hours of the recommended placement in maximum management. The inmate may waive the 24-hour period or appearance at the hearing by signing the Waiver of Right to Appear/Waiver of 24 Hour Period, Form DC6-104. Form DC6-104 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is December 7, 2000.

(7) Conducting the Hearing.

(a) No change.

(b) The inmate shall be present for the hearing, unless:

1. The inmate waives his right to appear by signing the 24 Hour/Refusal to Appear Waiver, of Right to Appear/Waiver of 24 Hour Period Form DC6-104; or

2. No change.

3. If the inmate did not attend the hearing, tThe reasons the inmate did not appear at the hearing shall be included in the ICT recommendation entered documented on Form DC6-171, Report of DC6-101, Referral for Maximum Management. Form DC6-171 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is ________.

(c) through (d) No change.

(e) The Institutional Classification Team chairperson shall have authority to postpone the hearing to gather further information or order an investigation regarding any pertinent issues. If the hearing is postponed, the reasons for postponement shall be included in the ICT recommendation entered on the Report of Maximum Management, Form DC6-171.

(f) The Institutional Classification Team shall recommend approval approve or disapproval of disapprove the recommendation for placement in maximum management and modification of the initial conditions of placement as listed in subsection (4), if changes were made. The initial conditions of placement are intended to be short-term and should be modified when the inmate’s adjustment to maximum management and the inmate’s level of threat to the security of the institution indicate that modification is appropriate. These conditions can only be modified to the level permitted for Close Management I inmates. The Institutional Classification Team’s recommendations and the basis for the recommendations shall be documented on the Report of Maximum Management, Form DC6-171.

(g) The inmate shall be informed verbally and in writing of the ICT decision.

(g)(h) If Tthe Institutional Classification Team’s recommendations shall be forwarded to the Warden for review disapproves placement, the inmate shall immediately be reclassified to his original status and removed from the maximum management cell. The Warden’s recommendation for approval or disapproval of maximum management placement and any modifications of the initial conditions and the basis for the recommendations shall be documented on the Report of Maximum Management, DC6-171.

(h) The Warden’s recommendations shall be forwarded to the Regional Director for review. The Regional Director’s recommendation for approval or disapproval of maximum management placement and any modifications of the initial conditions and the basis for recommendations shall be documented on the Report of Maximum Management, Form DC6-171.

(i) The Regional Director’s recommendations shall be forwarded to the Maximum Management Review Team for review and final approval or disapproval of the maximum management placement and any modifications of the initial conditions. The Maximum Management Review Team’s decisions shall be documented on the Report of Maximum Management, Form DC6-171. If the Institutional Classification Team approves placement, the decision will be forwarded to the warden who will review the recommendation.

(j) If the Maximum Management Review Team disapproves the maximum management placement, the inmate shall immediately be reclassified to his original status and removed from the maximum management cell.

(k) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229A, CM Daily Record of Segregation, is documented with any status or condition changes approved by the Maximum Management Review Team. The Classification Supervisor shall also ensure that the inmate is informed verbally and in writing of the Maximum Management Review Team’s decision. Form DC6-229A is incorporated by reference in Rule 33-601.800, F.A.C.

(l) The Institutional Classification Team at the maximum management facility is responsible for ensuring that staff adhere to any time frames approved in reference to inmate conditions.

(m) An inmate shall not be released from maximum management status or be subjected to modifications of initial placement conditions until the actions are approved by the Maximum Management Review Team except as allowed in paragraph (4)(a) above.

(8) Final Review of Placement.

(a) The warden shall approve or disapprove the ICT recommendation based on the criteria in paragraph (3)(a). If the ICT recommendation is incomplete or additional data is needed, the warden shall return the recommendation to the ICT for additional information.

(b) If the warden disapproves placement, the inmate shall immediately be reclassified to his original status.

(6)(9) Review of Maximum Management Status and Conditions.

(a) The Institutional Classification Team shall review the inmate’s maximum management status, the conditions set forth in subsection (4) above, and previously modified conditions, weekly for the first sixty days two months from the date of placement, and at least monthly thereafter.

1. Weekly reviews by the Institutional Classification Team during the first sixty days of maximum management status and monthly thereafter shall be documented on Form DC6-229A, CM Daily Record of Segregation. A recommendation for release from maximum management shall be set forth in memorandum and forwarded to the State Classification Office for review.

2. If the Institutional Classification Team recommends the inmate’s release from maximum management or a modification of the inmate’s conditions during the first sixty days, the Institutional Classification Team shall also document its recommendation on the Report of Maximum Management, Form DC6-171. An inmate shall not be released from maximum management status until authorized by a member of the State Classification Office.

3. All reviews conducted at least monthly by the Institutional Classification Team after the first sixty days of maximum management status shall be documented on the Report of Maximum Management, Form DC6-171. This documentation shall include any recommendations for modifications of the inmate’s conditions.

(b) All Institutional Classification Team reviews documented on the Report of Maximum Management, Form DC6-171, shall be reviewed by the Warden. The Warden shall document his or her reason for approval, disapproval or modification of the Institutional Classification Team recommendations on the Report of Maximum Management, Form DC6-171.

(c) The Warden’s recommendations for approval, disapproval or modification of the inmate’s status or conditions shall be reviewed by the Regional Director. The Regional Director shall document approval, disapproval or modification of the Warden’s recommendation on the Report of Maximum Management, Form DC6-171.

(d) If the Regional Director approves the inmate for continuation of maximum management status, no further review of the placement or modification of conditions is required. An inmate shall not be subjected to modification of conditions until the modifications are approved by the Regional Director, except as allowed in paragraph (4)(a) above.

(e) If the Regional Director recommends release from maximum management status, the recommendation shall be forwarded for review and final decision to the Deputy Assistant Secretary of Institutions – Operations. The Deputy Assistant Secretary of Institutions – Operations shall document approval, disapproval, or modification of the Regional Director’s recommendations on the Report of Maximum Management, Form DC6-171.

(f) The Classification Supervisor at the maximum management facility shall ensure that Form DC6-229A, CM Daily Record of Segregation, is documented with any status or condition changes approved by the Regional Director or Deputy Assistant Secretary of Institutions – Operations.

(g) The ICT at the maximum management facility shall ensure that staff adhere to any time frames approved in reference to inmate conditions.

(h) An inmate shall not be released from maximum management status until that action is approved by the Deputy Assistant Secretary of Institutions – Operations.

(7) On-Site Review of Maximum Management.

(a)(b) If an inmate remains in maximum management status for 90 days or more, the Regional Director or designee a member of the State Classification Office shall conduct an on-site review of the inmate’s maximum management status and conditions in conjunction with the monthly review of the Warden’s recommendations. This on-site review shall take place after every 90 days period of continued maximum management status from the date of placement. The Regional Director’s designee shall be a Regional Assistant Warden, Regional Classification Administrator, or State Classification Officer.

(b)1. The Institutional Classification Team shall participate in the review of the inmate’s adjustment with the Regional Director or his designee State Classification Office member.

2. The State Classification Office member is authorized to reclassify an inmate from maximum management status at any point during the reviews.

3. The Institutional Classification team shall be authorized to appeal the decision to reclassify the inmate to the State Classification Office chairperson.

4. The inmate shall not be released from maximum management status until the State Classification Office chairperson rules upon the appeal. The ruling of the State Classification Office chairperson is final.

(c) The Regional Director’s recommendations following this on-site review will be documented on the Report of Maximum Management, Form DC6-171.

(8)(10) Security Requirements.

(a) No change.

(b) Additionally, the following security precautions shall be followed for maximum management inmates:

1. No change.

2. A maximum management MM inmate shall exit the cell only in handcuffs behind the back with handcuff cover and in the presence of a minimum of two officers.

3. through 7. No change.

(9)(11) Other Conditions of Confinement.

(a) Inmates in maximum management shall not be allowed to check out books from the library.

(b) through (d) renumbered (a) through (c) No change.

(d)(e) Inmates who are housed in maximum management will have mental health and medical care services to the same extent as all close management inmates. Monitoring of inmates will be as described in Rule 33-601.800, F.A.C.

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 12-7-00, Amended 11-23-03, 4-1-04, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Franchatta Barber, Deputy Assistant Secretary of Institutions Programs

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George Sapp, Assistant Secretary of Institutions

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2005