The purpose and effect of the proposed rulemaking is to permit inmates to make collect telephone calls to pre-approved, personal cell phones.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-602.205: Inmate Telephone Use
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to permit inmates to make collect telephone calls to pre-approved, personal cell phones.
SUBJECT AREA TO BE ADDRESSED: Inmate telephone use.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 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: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-602.205 Inmate Telephone Use.

(1) No change.

(2) Inmate telephone procedures will be conducted as follows:

(a) To initiate telephone privileges, inmates shall complete Form DC6-223, Inmate Telephone Agreement and Number List. Each inmate is limited to no more than 10 names and numbers of persons he or she wishes to access. Inmates shall not be allowed to telephone any person not on this list except as outlined in paragraph (3)(a) and subsection (4) of this rule. Inmates shall not make three-way telephone calls nor make calls to numbers on the list which are then transferred to other telephone numbers. Inmates shall not be allowed to include business telephone numbers on the list. Collect calls to personal cell phone numbers will be allowed as follows:

i. The cell phone must be contracted through a wireless telecommunications company licensed by the Federal Communications Commission;

ii. No calls to pre-paid or pay-as-you-go cell phones will be allowed;

iii. No calls to business cell phone numbers will be allowed;

iv. The inmate will be responsible for advising family/friends that they must contact the contractor for the inmate telephone system to establish a payment account for calls made to the cell phone number;

v. Billing information for the cell phone owner must be a physical address. The Department reserves the right to require that a copy of the cell phone contract be provided to the inmate telephone system contractor to verify ownership, physical address for billing information, and (i)-(iii) above.

(b) through (l) No change.

(m) The Department shall have the ability to immediately temporarily deactivate any inmate’s telephone account established under 2(a), upon approval of the Warden/Duty Warden, for any of the following reasons:

1. 48-hours prior to any transfer;

2. 48-hours prior to any outside medical appointment;

3. 48-hours prior to any outside court appointment.

(3) through (16) No change.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 11-19-81, Formerly 33-3.125, Amended 11-21-86, 1-6-92, 3-24-97, 7-22-97, 12-21-98, Formerly 33-3.0125, Amended 2-7-00, 6-18-02, 2-4-03, 12-30-03, 11-25-04, 1-7-07, 9-24-07, 3-23-08,_________.