The purpose and effect of the proposed rule is to expand the sources of authorized property and to clarify that property received from authorized sources does count towards the maximum property limits established in the rule.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-602.201Inmate Property

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to expand the sources of authorized property and to clarify that property received from authorized sources does count towards the maximum property limits established in the rule.

SUBJECT AREA TO BE ADDRESSED: Inmate Property.

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 REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 an authorized source the canteen for as long as they possess the items. An authorized source includes the canteen, the friends and family program, and any vendor authorized to conduct business with the department that has been approved to make items available for purchase to the inmates. In instances where items purchased from an authorized source 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 from the authorized source. Perishable food and beverage items purchased from an authorized source the canteen are intended for immediate consumption and may not be stored in an inmate’s housing area. Perishable food and beverage items are those that are unsealed or that require refrigeration. Nonperishable food or beverage items may not be kept longer than 30 days, as evidenced by the canteen receipt from an authorized source, and shall be considered contraband if found in the possession of an inmate more than 30 days after purchase.

(f) No change.

(5) Unauthorized Property (Also see Control of Contraband, Rule 33-602.203, F.A.C.).

(a) Property that is contraband pursuant to Rule 33-602.203, F.A.C., shall be handled as provided in that rule.

1. If an inmate receives postage stamps in the mail that, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess stamps out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra stamps as soon as they are received. The stamps must be sent out; the institution will not store excess stamps for inmates. Excess stamps found in an inmate’s property will be considered contraband.

2. If an inmate receives photographs in the mail that, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess photographs out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra photographs as soon as they are received. Excess photographs found in an inmate’s property will be considered contraband.

3. An inmate who is in possession of the maximum number of articles allowed by this rule and who wishes to replace a worn item must contact the property officer to arrange to discard or send the worn item out at his own expense before purchasing a replacement item.

(b) Property that is authorized for inmates in general population such as shaving powders, oils, and lotions shall be unauthorized or restricted based upon an inmate’s confinement or other high security status when that item presents a security risk. Further limits on personal items for inmates in confinement or other high security statuses are authorized as referenced in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800 and 33-601.820, F.A.C.

(6) through (15) No change.

(16) Religious Property.

(a) through (e) No change.

(f) Religious property and other religious items shall be acquired through an authorized source vendor, canteen purchase, bona fide religious organization, or donor.

(g) through (i) 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 by an authorized source 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. All canteen items from authorized source are subject to availability and may not be available for purchase. 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 “authorized source” “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “authorized source” “canteen” designation shall be available in all institutional canteens or through orders from an authorized source canteen order. All authorized source canteen items are transferable between department 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 (authorized source canteen – female only)
1	each				Belt (state issue)
4	each				Bras (state issue or authorized source canteen – female only)
1	each				Coat (state issue)
1	pair				Gloves, work (state issue)
4	each				Handkerchief, cotton, white only (authorized source canteen)
1	each				Hats (state issue)
2	pair				Pajamas – long (state issue or authorized source canteen)
					Light blue or white – female only Light blue – male
7	each				Panties (state issue or authorized source canteen – female only)
3	each				Pants (state issue)
1	each				Raincoat or Poncho – clear (state issue or authorized source canteen)
1	each				Robe (state issue – female only)
3	each				Shirt, outer (state issue)
4	each				Shirt, T-Shirt (state issue or authorized source canteen order – gray for female, white for male) *inmates may possess both state-issue and authorized source- purchased canteen-purchased shirts, but the total combined number cannot exceed 4.
1	pair				Shoes, Athletic (authorized source canteen)
1	pair				Shoes, Boots (authorized source canteen or state issue)
2	each				Shorts, athletic (navy blue) (authorized source canteen)
1	each				Shower cap, clear only (female only) (authorized source canteen)
1	pair				Shower slides (authorized source canteen)
6	pair				Socks (state issue or authorized source canteen)
1	each				Supporter, athletic (male only) (authorized source canteen)
2	each				Sweatshirts (gray only) (authorized source canteen order)
4	each				Undershorts (male only) (state issue or authorized source canteen)
2	each				Underwear, thermal (state issue or authorized source canteen)
PERSONAL ARTICLES
Quantity	Unit		Value		Articles
Number in use					Batteries (authorized source canteen)
25	each				Roller clips – plastic only (females only), (authorized source canteen)
*					Books (legal, educational, religious, fiction) – *
					Quantity as specified by Rule 33-501.401, F.A.C.
1	each				Bowl – plastic (authorized source canteen)
1	package				Breath tablets (authorized source canteen)
1	each				Calendar, as specified by Rule 33-501.401, F.A.C.
*					Canteen purchases – * limited by approved storage space;
1	each				Canteen bag (authorized source canteen)
1	set				Checkers (light wood or plastic, standard checkers
					only) (authorized source canteen order)
1	set				Chess (light wood or plastic, 2 inches max. height)
					(authorized source canteen order)
1	each				Coffee mug – plastic (authorized source canteen)
1	each				Comb-pocket type, no handles (non-metal)
					(state issue or authorized source canteen)
*					Correspondence – * limited by storage space
					limitations
1	pack				Cotton swabs (plastic or paper stems only) (authorized source canteen)
2	each				Crème rinse and conditioner (authorized source canteen)
1	each				Cup, drinking – plastic (authorized source canteen)
1	package				Dental floss, (floss loops only), unwaxed (authorized source canteen)
1	each				Denture adhesive (state issue or authorized source canteen)
1	each				Denture cup (authorized source canteen order)
2	each				Deodorant and antiperspirant (no aerosols) (authorized source canteen)
1	set				Domino (light wood or plastic, standard size)
					(authorized source canteen order)
1	Set				Earbuds (authorized source canteen)
1	pair				Earphone pads (replacement) (authorized source canteen order)
1	pair				Ear rings, post type (female only) (authorized source 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 (authorized source canteen)
25	each				Envelopes – legal (#10 size) (authorized source canteen)
5	each				Envelopes – oversized (10'' x 13'') (authorized source canteen)
*					Envelopes, self-addressed stamped – * the total
					in the inmate’s 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) (authorized source canteen)
1	box				Feminine hygiene products (internal and external)
					(female only) (state issue or authorized source canteen)
*					File folders (*limited by storage space)
20					Greeting cards and accompanying envelopes
1	each				Hairbrush – nonmetal, handles for females
					only (authorized source canteen)
2	each				Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (authorized source canteen)
1	each				Hair net (female only) (authorized source canteen)
25	each				Hair rollers (female only) (authorized source canteen)
2	each				Handballs or racketballs (authorized source canteen)
1	each				Headphones for use with radio (authorized source canteen)
Maximum weekly dosage					Health aids – headache and cold remedies, antacids,
					antifungal preparations, cough drops, nasal spray,
					etc. No imidazoline, tetrahydrozaline, or hydrochloride
					compounds (authorized source 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 (authorized source canteen)
1	each				Jigsaw puzzle (authorized source canteen order)
1	each				Keyboard (authorized source canteen)
1	each				Laundry bag (state issue or authorized source canteen)
1	each				Lip balm (authorized source canteen)
1	each				Locks, combination (V68 series) (authorized source canteen)
1	each				Make-up bag, clear only (female only) (authorized source canteen)
1	each				Mirror – plastic, nonbreakable, 5'' × 7'' max.
					(authorized source canteen)
1	each				Moisturizer – (authorized source canteen)
1	each				Mouthwash (authorized source canteen)
1	each				MP3 Player (authorized source canteen)
1	each				MP3 Player arm band holder (authorized source canteen)
1	each				Nail clippers, not to exceed 2 1/2'' (authorized source canteen)
2	pack				Notebook paper (authorized source canteen)
4	each				Pens, ballpoint, flair-type, pencils with erasers, or security pens,
					no markers (authorized source canteen)
*					Periodicals – * as specified by Rule 33-501.401, F.A.C., and
					storage space limitations
1	each				Photo album, non-metal (authorized source canteen)
50	each				Photographs (personal)
2	decks				Playing cards (standard) (authorized source 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'' (authorized source canteen)
1	each				Razor, disposable (state issue)
1	each		50.00		Razor, battery operated, non-rechargeable (authorized source 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) (authorized source canteen)
1	set				Scrabble (authorized source canteen order)
1	each				Screen protector (authorized source canteen)
2	each				Shampoo (authorized source canteen)
1	each				Shaving cream (authorized source canteen)
1	each				Shaving powder (authorized source canteen)
1	pair				Shoe laces (authorized source canteen)
1	each				Shoe wax (Liquid only, non flammable, no
					nitrobenzene; authorized source canteen)
2	each				Soap, bath (state issue or authorized source canteen)
1	each				Soap dish (authorized source canteen)
1	each				Soap, laundry (female only) (authorized source canteen)
*					Special needs – * special devices as approved for
					compliance with medical needs
1	each				Spoon, plastic (authorized source canteen)
40	each				Stamps (the equivalent of 40 1-ounce 1st class) (authorized source canteen)
1	each				Sunglasses, no mirror type (authorized source canteen)
1	each				Sunscreen lotion (authorized source canteen)
1	each				Talcum powder (authorized source canteen)
1	each				Toilet Paper (state issue or authorized source canteen)
1	each				Toothbrush (state issue or authorized source canteen)
1	each				Toothbrush holder (authorized source canteen)
2	each				Toothpaste and Toothpaste with mouthwash (state issue or authorized source canteen)
2	each				Towels (state issue)
1	each				Wallet (authorized source canteen)
1	each		50.00		Watch (personal or authorized source canteen)
1	each				Watch band (nylon and Velcro only) (authorized source canteen)
2	each				Washcloths (state issue or authorized source canteen)

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 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, 7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13,________.