33-602.101: Care of Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend shaving standards, to clarify the circumstances under which staff may force hygiene and grooming standard compliance, and to amend Form NI1-071 regarding weekly-issued toilet tissue.
SUMMARY: The proposed rule is amended to state that inmates in certain housing units will be clipper shaved, to clarify the circumstances under which staff may force grooming standard compliance, and to amend Form NI1-071 to adjust the weekly-issued toilet tissue allotment.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. A SERC has not been prepared by the agency.
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, 945.215 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.101 Care of Inmates.
(1) through (3) No change.
(4) For security and identification purposes, no inmate shall be permitted to have his or her hair, to include eyebrows and facial hair, dyed, cut, shaved or styled according to fads or extremes that would call attention to the inmate or separate inmates into groups based upon style. This would include, for example, tails, woven braids, cutting, sculpting, clipping or etching numbers, letters, words, symbols or other designs into the hair. Male inmates shall have their hair cut short to medium uniform length at all times with no part of the ear or collar covered. Male inmates shall be permitted to shave their entire heads in a uniform manner unless the inmate is using his hairstyle or lack thereof to demonstrate gang affiliation or otherwise pose a threat to institutional security. Partial shaving of the head in a Mohawk or other distinctive style shall not be permitted. Sideburns shall not extend beyond the bottom of the earlobes and will have straight lines with no flare at the base. All inmates shall be clean shaven, with the exception of inmates housed at facilities designated by the Department to house those with a mental health classification of S-3 or above, who shall be clipper shaved three times per week. A mental health classification of S-3 or above refers to inmates who need, at a minimum, ongoing outpatient mental health services with psychiatric consultation as clinically indicated. Additionally provided, however, that an exemption from the this requirement to remain clean shaven shall be granted on the basis of a medical diagnosis when it is determined by the staff physician that shaving would be detrimental to the inmates health. Inmates granted a medical exemption from the shaving requirement may be required to keep their facial hair closely trimmed with scissors or clippers. For the purposes of this rule, closely trimmed means trimmed so that no part of the facial hair exceeds the length prescribed by the physician as necessary to prevent the appearance or reappearance of skin disorders. If no specific length is prescribed, then facial hair shall be kept trimmed to within one-quarter inch. An inmate who has been granted a shaving exemption shall maintain the written exemption on his person at all times when outside the assigned housing unit.
(5) The If an inmate refuses to adhere to the grooming standards after having been given an opportunity and after having been found to be in violation through the formal disciplinary process (Rules 33-601.301-.314, F.A.C.), the officer in charge or a more senior official shall direct staff to shave the inmate, or cut the inmates hair if an inmate refuses to adhere to the grooming standards after, or take other necessary action to bring the inmate into compliance with the grooming standards after all efforts to verbally persuade the inmate to comply have failed and:.
(a) The inmate has been found to be in violation of Department grooming standards through the formal disciplinary process (Rules 33-601.301-.314, F.A.C.); or
(b) The inmate has been deemed by authorized medical staff to not be responsible for the non-compliance and the continuing non-compliance creates a health or welfare risk to the inmate or others.
(6) When it is necessary to use force to bring an inmate into compliance with the grooming standards carry out this task, the use of force shall be documented pursuant to Rule 33-602.210, F.A.C.
(6) through (10) renumbered (7) through (11) No change.
(12) 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, 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, 6-22-10,_______.
