33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify language regarding the time frames inmates may possess consumable items from the institutional canteen, as this language is being removed from Rule 33-203.101, F.A.C., via Chapter 120, F.S.
SUMMARY: The proposed rule clarifies language regarding the time frames inmates may possess consumable items from the institutional canteen, as this language is being removed from Rule 33-203.101, F.A.C., via Chapter 120, F.S. The proposed rule also adds a canteen-purchased plastic bowl to the approved inmate property list.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. 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.
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 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:
33-602.201 Inmate Property.
(1) through (3) No change.
(4) Authorized Property.
(a) through (d) No change.
(e) Inmates shall be required to maintain receipts for items purchased from the canteen for as long as they possess the items. In instances where items purchased from the canteen are added to Form DC6-224, Inmate Personal Property List, by the property officer, the inmate will not be required to maintain the original canteen receipt. Perishable food Food and beverage items purchased from the canteen are intended for immediate consumption and may not be stored in an inmates housing area, and inmates may not retain such items longer than 30 days, as evidenced by the canteen receipt. Perishable food and beverage items are those that are unsealed or that require refrigeration. Nonperishable A food or beverage items item may not be kept longer than 30 days, as evidenced by the canteen receipt, and shall be considered contraband if found in the possession of an inmate more than 30 days after its purchase.
(f) No change.
(5) 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. 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 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''
|
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) | |
|
|
3 |
each |
|
Dresses (state issue female only) | |
|
|
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 (state issue) | |
|
|
2 |
each |
|
Shorts, athletic (navy blue) (canteen) | |
|
|
1 |
each |
|
Shower cap, clear only (female only) (canteen) | |
|
|
1 |
pair |
|
Shower slides (canteen) | |
|
|
3 |
each |
|
Slips (state issue female only) | |
|
|
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) * |
|
|
|
1 |
each |
|
Quantity as specified by Rule 33-501.401, F.A.C. 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 |
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 |
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 inmates 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) |
|
|
|
1 |
each |
|
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 |
|
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 |
|
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) |
|
|
|
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 |
|
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. HistoryNew 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,_________.
