33-602.101: Care of Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that inmates are permitted to wear authorized athletic shoes, such as canteen-purchased athletic shoes, as part of the Class A uniform except for the purposes of visitation.
SUBJECT AREA TO BE ADDRESSED: Care of Inmates.
SPECIFIC AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.09, 945.215 FS.
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 WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-602.101 Care of Inmates.
(1) Each institution shall provide a canteen to be operated within the institution for the convenience of the inmates in obtaining items which are not furnished them by the Department of Corrections, but which are allowable within the institution through canteen purchase. Proceeds from the operation of the canteen shall be deposited in the general revenue fund as provided by law. These profits shall be used as provided in Rule 33-203.101, F.A.C. Such canteen operation shall be subject to audit, as other institutional operations are audited. Institutions with a cashless canteen shall restrict canteen purchases to those inmates with proper identification. Alternate purchase procedures shall be established for those inmates with temporary ID cards. These alternate procedures shall ensure at least a weekly opportunity to make canteen purchases.
(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with Department rules, procedures, and institution policy.
(a) Class Uniforms will be as follows:
1. The male Class A uniform shall require the following:
a. through g. No change.
h. Footwear (including authorized athletic shoes, state issued canvas shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.
2. The female Class A uniform shall require the following:
a. through d. No change.
e. Footwear (including authorized athletic shoes, state issued canvas shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.
3. through 5. No change.
(b) General Clothing Regulations: The following general clothing regulations will not supersede the clothing or uniform requirements or allowances for inmates in Maximum Management, Close Management, Disciplinary Confinement, Administrative Confinement, Work Release or Community Release inmates contained in other rules. Work release inmates shall wear civilian clothing as required by Rule 33-601.602, F.A.C.
1. through 5. No change.
6. Inmates shall wear either shorts or, pants, (or females may wear a dress or pajamas with a robe fully buttoned) any time inmates are not in their beds, except that females may wear a dress or pajamas with a robe fully buttoned. Pants shall be completely buttoned before exiting the dormitory. The waist of pants and shorts shall be worn above the buttocks, around the natural waist.
7. through 8. No change.
9. No hats shall be worn inside, except as stated for religious reasons, and shall be removed from the head when passing through any gate area. Skull caps of any kind are prohibited.
10. No change.
(c) through (h) No change.
(i) Institutional clothing is the property of the State of Florida and must be returned to the Department department upon an inmates release from incarceration. Institutional clothing shall not be worn by an inmate being released from incarceration.
(j) through (k) No change.
(3) The warden or Officer-in-Charge shall give each inmate a receipt for any personal clothing in his possession other than that allowed by the Department of Corrections. In addition, inmates shall be permitted to send such clothing to their families, residences or other persons approved by the warden or Officer-in-Charge at no expense to the Department of Corrections. Enclosed with such clothing sent from the institution shall be an itemized list thereof, a signed copy of the inmates written request that it be sent to the addressee to whom the clothing is forwarded. A copy of such list and a signed copy of such written request shall be placed in the inmates record jacket, along with a notation showing the date of mailing. If the inmate does not send his clothing out of the institution or gives it to the institution within 30 days after his arrival at the institution, it shall be considered forfeited and may be placed in a clothes closet for later use by inmates, donated to charity, or disposed of by the institution. Notice of such forfeiture shall be given to the inmate in writing by the warden or designee and a copy of such notice shall be filed in the inmates property file. (Also see Control of Contraband, Rule 33-602.203, F.A.C.).
(4) through (10) No change.
(11) Inmate health and comfort items shall be provided in accordance with the guidelines in the Inmate Health and Comfort Items Issuance, Form NI1-071. Form NI1-071, Inmate Health and Comfort Items Issuance, is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is 10-23-06.
Rulemaking Specific Authority 944.09, 945.215 FS. Law Implemented 944.09, 945.215 FS. HistoryNew 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,________.
