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Home » 2012 Issues » Vol. 38, No. 11 (03/16/2012) » The purpose and effect of the proposed rule is to delete lighters and post-type earrings from the authorized property list but allow female inmates already in possession of post type earrings to retain them until they are no longer serviceable.

  The purpose and effect of the proposed rule is to delete lighters and post-type earrings from the authorized property list but allow female inmates already in possession of post type earrings to retain them until they are no longer serviceable.  


  • 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 delete lighters and post-type earrings from the authorized property list but allow female inmates already in possession of post type earrings to retain them until they are no longer serviceable.
    SUMMARY: Lighters and post-type earrings are deleted from the inmate property list.
    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.
    Based on analysis from the Bureau of Classification and Central Records indicating that the rule change only affects internal operations of the Department by permitting more flexibility in where a youthful offender program will be located and would not have an impact on small business or the private sector, the rule is not expected to require legislative ratification.
    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 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: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-602.201 Inmate Property.

    (1) through (17) No change.

    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''

    – Earrings, post type (female only)

     

    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, 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

     

    Lighter, disposable (approved type) (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 no mineral oils, no vaseline (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,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Timothy Cannon, Assistant Secretary of Institutions
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 2, 2012
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2012

Leave a Comment

Document Information

Comments Open:
3/16/2012
Summary:
Lighters and post-type earrings are deleted from the inmate property list.
Purpose:
The purpose and effect of the proposed rule is to delete lighters and post-type earrings from the authorized property list but allow female inmates already in possession of post type earrings to retain them until they are no longer serviceable.
Rulemaking Authority:
944.09 FS.
Law:
944.09 FS.
Contact:
Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-602.201. Inmate Property