The purpose and effect of the proposed rulemaking is to add an approved MP3 player and ear buds to the list of items death row inmates may possess.

DEPARTMENT OF CORRECTIONS

Rule No. : RULE TITLE :
33-601.830: Death Row
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to add an approved MP3 player and ear buds to the list of items death row inmates may possess.
SUBJECT AREA TO BE ADDRESSED: Death row.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 386.201 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:

33-601.830 Death Row.

(1) No change.

(2) An inmate who is not under sentence of death may be housed on death row when:

(a) through (b) No change.

(c) The warden has declared an emergency requiring use of death row housing for inmates not under sentence of death. In this instance, the warden shall notify the Assistant Deputy Secretary of Institutions or designee of the housing arrangement.

(3) through (6) No change.

(7) Conditions and Privileges – the following conditions and privileges apply to all death row inmates except Phase I and Phase II inmates.

(a) through (b) No change.

(c) Personal Property – Inmates on death row shall be allowed to possess personal property such as watches, rings, stamps, envelopes, writing paper, and approved televisions, fans, and walkman-type radios, MP3 players, with headphones, and earbuds unless there is a clear indication of a security concern. Each inmate may possess no more than one approved television, fan, and radio, MP3 player, set of with headphones, and set of earbuds.

(d) through (f) No change.

(g) Televisions – An inmate on death row may possess a television in his cell. Approved televisions may be purchased from the institutional canteen; otherwise, televisions will be provided by the Department, if available, as follows:

1. through 2. No change.

3. Televisions shall only be operated with headphones or earbuds earplugs.

4. through (13) No change.

(14) Form DC6-229, Daily Record of Special Housing, shall be maintained for each inmate in the death row unit. Form DC6-229 shall be maintained in the housing area for 30 days one week, after which the form will be forwarded to the warden for review. Once reviewed, these forms will be forwarded to classification to be filed in each inmate’s respective file. Form DC6-229 shall be utilized to document any and all activities, including cell searches, items removed, showers, recreation, haircuts, and shaves. Form DC6-229B, Daily Record of Special Housing – Supplemental, may be used if further writing space is needed. Form DC6-229B is incorporated by reference in Rule 33-601.800, F.A.C. Additionally, staff shall fully and completely document when:

(a) through (16) No change.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 11-22-10, Amended_________.