The purpose and effect of the proposed rule is to clarify distinctions in permissible use and storage of religious items used for individual worship, group worship, and wearing at all times and to amend the list of religious items permitted for ...

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify distinctions in permissible use and storage of religious items used for individual worship, group worship, and wearing at all times and to amend the list of religious items permitted for individual worship, group worship, and wearing at all times.
SUBJECT AREA TO BE ADDRESSED: Inmate Property.
SPECIFIC 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-602.201 Inmate Property.

(1) through (15) No change.

(16) Religious Property.

(a) General population inmates Inmates shall be permitted to possess the following religious items or material:

1. Religious publications as defined in Rule 33-503.001, F.A.C., for personal use that are in compliance with admissibility requirements of Rule 33-501.401, F.A.C.

2. Items adhering to the tenets of a particular religion for wearing at all times or use during individual worship. The inmate shall be allowed to maintain these items in his or her cell or housing area unless specific, documented security concerns require storage elsewhere. Items may include:

a. Jewish – yarmulke; prayer shawl, tefillin no wider than 3/4 inch and no longer than 6 feet;

b. Catholic – rosary beads;

c. Muslim – prayer rug, koofi;

d. Native American – medicine bag, headband;, and;

e. Asatru or Odinism – runes and accompanying cloth bag.

3. Religious symbols such as a cross, Star of David, talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter. Religious symbols and items worn about the neck shall be worn under the shirt.

(b) General population inmates Inmates shall not be permitted to possess the following religious items or materials which adhere to the tenets of a particular religion for individual worship or group worship which pose a security risk when allowed in an inmate’s cell or dorm. Inmates shall be permitted to use the following religious items or materials only under the supervision of the chaplain and items shall be stored in the chapel.

1. Jewish – prayer shawl, tefillin;

1.2. Wiccan – tarot cards; and

2.3. Buddhist – meditation cushion or Zafu.

(c) Inmates shall not be permitted to possess religious items or materials intended for use in group worship. These group worship items shall not be stored at the institution, but may be brought in by volunteers for the religious observance. Group worship items include:

1. Alcoholic beverages or wine;

2. Wiccan – stones or crystals.

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

(e) The chaplain shall serve as advisor to staff and inmates in the area of religious property at the institution. The chaplaincy services administrator shall provide advice and guidance to the department regarding approved religions and other department religious issues.

(f) Inmate requests for religious property shall be reviewed by the chaplain to determine whether the item is required by the inmate’s particular religion and security personnel to determine whether the item presents a threat to security and order.

(g) Inmates assigned to housing in any of the following settings shall not be permitted to store religious property in their housing areas. Such property shall be stored in the chapel for supervised use.

1. Discilinary confinement;

2. Administrative confinement;

3. Maximum management;

4. Close management;

5. Protective management;

6. Death row;

7. Isolation cell, observation cell, or isolation management room;

8. Crisis stabilization unit or self-harm observation status;

9. Transitional care unit; or

10. Corrections Mental Health Institution (CMHI).

(17) No change.

Rulemaking Specific 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,________.