33-601.602: Community Release Programs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: include language being moved from Rule 33-601.606, F.A.C.; incorporate language from Form DC6-127 directly into the rule; require that all inmates participating in a work release program pay a 55% subsistence fee; clarify the procedure for collecting subsistence fees; and clarify the process by which inmates working at paid employment may obtain necessary clothing, tools, and equipment.
SUMMARY: The proposed rule is amended to: include language being moved from Rule 33-601.606, F.A.C., regarding eligibility and ineligibility criteria for participation in a community release program, the mechanism for placement in a program, and the procedure for removal from a program; incorporate language from Form DC6-127, Checklist for Transfers to Work Release Centers, so that the form no longer needs to be incorporated by reference in the rule; require that all inmates participating in a work release program pay a 55% subsistence fee; clarify the procedure for collecting subsistence fees in the event an inmate fails to deposit his final paycheck into his Inmate Trust Fund account; and clarify the process by which inmates working at paid employment may obtain necessary clothing, tools, and equipment.
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: 945.091, 946.002 FS.
LAW IMPLEMENTED: 945.091, 946.002 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:
33-601.602 Community Release Programs.
(1) Definitions.
(a) Center Work Assignment (CWA) An inmate assignment to a work release center to serve in a support capacity.
(b)(a) Community Release Program Any program that which allows inmates to work at paid employment or a center work assignment or to participate in education, training, or substance abuse treatment programs, or any other transitional program to facilitate re-entry into the community in a work release center, contract community work release facility, or community contract facility, or voluntary work with a public or nonprofit agency in the community.
(c)(b) Community Work Release (CWR) The portion of the community release program that which allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.
(d)(c) Community Study Release The portion of the community release program that which allows inmates to attend an educational or vocational facility or participate in a training program in the community while continuing as inmates of the facility where they are confined.
(e)(d) Community Volunteer Service An activity that which allows inmates housed at a work release center or contract facility to voluntarily work with a governmental or nonprofit agency in the community.
(e) Modality II A community based residential substance abuse treatment program for inmates.
(f) Institutional Classification Team (ICT) For the purposes of this rule, the ICT is the team consisting of the warden or assistant warden, classification supervisor, a correctional officer chief, and other members as necessary when appointed by the warden or designee. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility and for making other recommendations to the State Classification Office.
(g)(f) Net Earnings Gross pay less withholding tax, social security deductions, and any legally required court ordered civil deductions.
(h) Non-advanceable date refers to an inmates release date that is restricted from continuous, monthly gain time awards over the entire length of the sentence, including:
1. Tentative release date based upon offenses occurring on or after October 1, 1995;
2. Presumptive parole release date (PPRD);
3. 100% minimum service requirements, such as the Prison Releasee Re-Offender Act or Three-Time Violent Offender cases.
(i) Transition Program The portion of the community release program that provides inmates substance abuse programming and skills necessary for employment and re-entry into their communities prior to being assigned to CWR.
(j)(g) State Classification Office (SCO) The office or office staff A staff member at the central office level that who is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT or rejecting Institutional Classification Team (ICT) recommendations.
(k)(h) Work Release Center Refers to a A correctional facility that houses community custody inmates participating in a community release program where a community based transition program is conducted for approved community custody inmate prior to release from custody.
(l)(i) Work Release Inmate Monitoring System (WRIMS) A web site application used by work release facility staff to record information related to an inmates participation in CWR community work release.
(2) Eligibility and Ineligibility Criteria.
(a) An inmate is ineligible for community release programs if he has:
1. Current or prior sex offense convictions;
2. A guilty finding on any disciplinary report for escape or attempted escape within the last five years;
3. A current or prior conviction for escape covered by Section 945.092, F.S.;
4. Been terminated from CWR, a community-based residential substance abuse program, a CWA, or a transition program for disciplinary reasons during the inmates current commitment;
5. Been incarcerated four or more times in any state or federal correctional facility;
6. Been found guilty of any disciplinary report in the 60 days prior to placement;
7. Refused to complete or has an unsatisfactory removal from a substance abuse program that the inmate was required to complete at any point during his current period of incarceration unless the refusal was based upon objections to the religious based content of the program, in which case an alternate non-deity based program will be offered and must be successfully completed. The removal of an inmate from a program for violation of program or institutional rules or for behavioral management problems constitutes an unsatisfactory removal from a program. The inmate shall remain ineligible until a comparable program is satisfactorily completed;
8. A felony, Immigration and Customs Enforcement, or misdemeanor (for other than child support) warrant or detainer;
9. A misdemeanor detainer for child support, unless it can be established by the inmates classification officer that the detainer would be withdrawn upon payment of restitution, fines, or court ordered obligations and it appears that the inmate will earn sufficient funds to pay the obligation that has caused the detainer.
(b) In order to be eligible for a community release program, an inmate must:
1. Be community custody, or have a recommendation for community custody currently under review;
2. Be in Department custody for 60 days prior to placement;
3. For inmates with non-advanceable dates, the inmate must be within:
i. 28 months of his earliest tentative release date for the transition program, or
ii. 19 months of his tentative release date or presumptive parole release date for CWA or a community-based residential substance abuse program, or
iii. 14 months of his earliest tentative release date for CWR.
4. For inmates who do not have non-advanceable dates, the inmate must be within:
i. 36 months of his earliest tentative release date for the transition program, or
ii. 28 months of his tentative release date for CWA or a community-based residential substance abuse program, or
iii. 19 months of his tentative release date for CWR.
5. An inmate whose current commitment includes DUI-BUI Manslaughter, 4th DUI-BUI, Felony DUI-BUI, or DUI-BUI with Serious Injury must have successfully completed substance abuse treatment during the current commitment prior to being considered for CWA or CWR placement.
6. The Secretary of the Department or his designee, who for the purpose of this subparagraph shall be the Assistant Secretary for Institutions, shall have the authority to place an inmate who is in community custody at a work release center regardless of time constraints for the purpose of participating in a specialized work detail or program.
(c) If an inmate is otherwise eligible for a community release program, the Department will also consider the following factors to ensure community release placement is appropriate:
1. Arrest history, with particular attention to violent offenses or offenses in which the circumstances reflect that a sex act was intended, attempted, or completed;
2. Pending outside charges;
3. Disciplinary history, with particular attention to violence, escape risk, substance abuse, or sexual deviancy;
4. Substance abuse history;
5. Program needs, including re-entry;
6. Victim concerns;
7. The inmates skills, physical ability, and overall compatibility with the specifically requested community release program.
(d) Community release placements will be made to ensure inmates are housed and managed correctly for public safety or the safety of specific individuals.
(3) Placement of Work Release Inmates.
(a) If an inmate is approved for community release program participation, the SCO shall approve the appropriate transfer with consideration to the requested locations and shall facilitate the inmates transfer to the approved location.
(b) If the location requested has no bed capacity to accept the inmate, the inmate will be placed on a waiting list for the next available bed.
(c) Any change to the facility assignment or diversion to another community release program facility must be approved by the SCO. This review will determine that the inmates needs can be served adequately at a different work release center.
(d) Inmates who are diverted to a community work release center which they did not request due to lack of bed space at the requested location must be successfully complying with work release program rules and requirements in order to be considered for transfer from one facility to another.
(4)(2) Inmate Conduct While on Community Release.
(a) During the inmate orientation process, which shall occur within three days of arrival at a community work release center, inmates will be instructed of the following conduct requirements. Upon completion of the orientation program, the inmate shall be given Form DC6-126, a Certificate of Orientation, Form DC6-126. Form DC6-126 is incorporated in subsection (19)(16) of this rule. Inmates are required to:
1. through 9. No change.
10. Refrain from entering Do not enter into any contract without advance written approval of the correctional officer major or facility director of a contract facility.
(b) No change.
(c) Every inmate assigned to a community release facility shall immediately, upon arrival, sign Form DC6-102, a Letter of Notice, Form DC6-102, or the inmate shall be terminated from the program. The inmate shall be furnished a copy of the Letter of Notice and must agree to abide by the conditions of the Letter of Notice. Form DC6-102 is incorporated by reference in subsection (19)(16) of this rule.
(d) The work release center classification officer or designated contract facility staff shall complete Form DC6-118A, a Personalized Program Plan for Work Release Centers, Form DC6-118A, on all inmates assigned to the work release center within 14 days of receipt of the inmate at the center. Form DC6-118A is incorporated by reference in subsection (19)(16) of this rule. The completed personalized program plan shall be signed by the inmate, the inmates classification officer, and the correctional officer major or the designated contract facility staff counselor and facility director at contract facilities. Once the personalized program plan is signed, it shall be given to the staff member assigned to work with the inmate. Any changes in the personalized program plan shall be discussed with the inmate and shall be documented on Form DC6-118B, Personalized Program Plan Modification Plan. Form DC6-118B is incorporated by reference in subsection (19)(16) of this rule. The inmates progress towards achieving the goals of the personalized program plan shall be reviewed monthly with the inmate. The outcome of each review shall be documented on Form DC6-118C, Personalized Program Plan Monthly Progress Review, or shall be entered into WRIMS at those facilities at which the system is operational. A copy of the Personalized Program Plan shall be printed on form WRIMS and given to the inmate. Form DC6-118C is incorporated by reference in subsection (19)(16) of this rule. Staff are authorized to schedule subsequent progress reviews upon request of the inmate.
(e) When the inmate is ready for release, Form DC6-118D, a Transition Release Plan, Form DC6-118D, shall be completed in order to assist the inmate in his or her release plans or the plan information shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-118D is incorporated by reference in subsection (19)(16) of this rule.
(5)(3) Community Study Release.
(a) In order to be considered for community study release, an inmate shall submit a request on Form DC6-126, Inmate Request, to his classification officer, who shall forward the request to the SCO. After submitting Upon the request of an inmate, an inmate he or she shall be considered for participation in the community study release program providing:
1. The inmate meets all criteria outlined in this rule and Rule 33-601.606, F.A.C.;
2. The conditions regarding the financial assistance, placement, and time constraints, and aptitude are satisfied;
3. If there are the inmate has detainers filed against the inmate him or her, he is ineligible for community study release if the detaining authority has objected must not object to the inmates participation in the community study release program in writing; and
4. No change.
(b) through (c) No change.
(d) Any inmate considered for community study release shall have monies from one or more of the following sources for tuition, books, and clothing:
1. through 4. No change.
(e) Community study release programs shall not interfere with the inmates employment schedule, CWA, center work assignment or participation in drug treatment programs. The inmates attendance at classes and transportation time must be scheduled to occur during non-working hours only, unless class attendance is required as part of the inmates employment.
(f) No change.
(g) The SCO state classification office shall have the authority to approve all requests for community study release Community Study Release, ensuring that the criteria specified in this rule are met.
(6)(4) Center Work Assignment (CWA). Upon request of an the inmate, the inmate shall be considered for placement in a CWA center work assignment, a community residential substance abuse program, a transition program, or CWR, providing that the:
(a) The inmate meets all criteria outlined in subsection (2) of this rule and Rule 33-601.606, F.A.C.;
(b) The inmate meets criteria specified on Form DC6-127, Checklist for Transfers to Work Release Centers, sections A and B. Form DC6-127 is incorporated by reference in subsection (16) of this rule.
(5) Community Residential Substance Abuse Program. The inmate shall be considered for placement into the community residential substance abuse program providing:
(a) The inmate meets all criteria outlined in this rule;
(b) The inmate meets criteria specified on Form DC6-127, sections A and C. The inmate shall make the request on Form DC6-236, Inmate Request, to his classification officer.
(a) Providing the inmate meets all criteria in subsection (2) of this rule, the classification officer will enter a community release recommendation.
(b) The ICT shall review the classification officers recommendation and recommend approval or disapproval.
(c) The ICT recommendation shall be forwarded to the SCO.
(d) The SCO staff member reviewing the ICT recommendation will utilize the criteria in subsection (2) of this rule to determine the appropriateness for the inmates placement into CWA, CWR, a transition program, or a community-based residential substance abuse program. The SCO staff member shall approve or disapprove the ICT recommendation.
(e) The classification officer will ensure the inmate is notified of the final decision.
(7)(6) Status Changes of Inmates in Community Release Programs Center Work Assignment, Program Participation, or Paid Employment Status Inmates at Community Residential Facilities. The SCO approving authority shall have the authority to approve all status changes for inmates in a the Community Release Program, as long as the changes are consistent with utilizing the criteria set forth in this rule and in Rule 33-601.606, F.A.C., and consistent with the safety and security of the public.
(8)(7) Employment.
(a) No change.
(b) The Department department will not authorize an inmate to work at paid employment if:
1. through 5. No change.
(c) No change.
(d) The types of employment that which the Department department will approve for an inmate are those which are related to the inmates institutional training, previous experience, and skills.
(e) Employment of an inmate with a relative is not precluded if:
1. No change.
2. The Department department determines that the relative is one who would promote the goals and objectives of the community release programs; and
3. No change.
(f) If the Department department authorizes paid employment for an inmate with a given employer and subsequently receives and verifies information that the inmate is not being treated by the employer in a manner comparable to other employees, the correctional officer major or facility director will remove the inmate from such employment with that employer.
(g) The prospective employer shall sign Form DC6-124, an Employers Community Work Agreement, Form DC6-124. Form DC6-124 is incorporated by reference in subsection (19)(16) of this rule. Inmates engaged in paid employment are not considered employees of the state or the Department department while engaging in or traveling to and from such employment.
(h) through (i) No change.
(j) Facility personnel shall visit the inmates place of employment for new employers within the first five days to verify employment. Documentation of on-site employment verification shall be placed in the inmates file by utilizing Form DC6-125, Employment Contacts, or shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-125 is incorporated by reference in subsection (19)(16) of this rule.
(k) through (n) No change.
(9)(10) Clothing and Equipment.
(a) No change.
(b) Inmates working at paid employment are will be authorized to obtain tools, clothing, and equipment normally required for their employment. An inmate working at paid employment shall be permitted to receive one drop-off of necessary clothing, tools, or equipment, including one bicycle, from an individual on the inmates approved visitor list. In order to receive a drop-off, the inmate must submit Form DC6-236, Inmate Request, to the work release classification officer or designated contract facility staff listing the requested items, the approved visitor who will bring the items, and the date the inmate would like the items to be brought. The request shall be forwarded to the correctional officer major or contract facility director, who may approve some or all of the requested items based on the inmates need as dictated by his work assignment and the security or safety risk posed by the items. An inmate may not receive a drop-off without the approval of the correctional officer major or contract facility director.
(d) It is the responsibility of the inmate to ensure that the drop-off is executed by the individual specified on the approved Form DC6-236, on the date approved by the correctional officer major or contract facility director, and to communicate to the individual making the drop-off which items were approved.(c) The correctional officer major or contract facility director may designate a time for the drop-off other than that requested by the inmate.
(e) Dropped-off items are subject to search prior to delivery to the inmate to ensure the items:
1. Were approved by the correctional officer major or contract facility director;
2. Are needed by the inmate to perform his work assignment;
3. Do not contain or conceal contraband; and
4. Do not pose a safety or security risk.
(e) An inmate may receive one additional drop-off of necessary tools, clothing, and equipment if he changes work assignments and the items are necessary due to the new assignment. The inmate must obtain approval for the drop-off as set forth in paragraph (b) above.
(f) Work release centers are authorized to coordinate with local charitable and nonprofit organizations to obtain clothing, tools, and equipment needed for use by inmates working at paid employment.
(g) Clothing, tools, and or equipment required by inmates working at paid employment will not be purchased by the Department department.
(10)(9) Transportation.
(a) No change.
(b) Contract Work Release Facilities:
1. Contract work release facilities are Are authorized to assess a transportation fee from community release inmates not to exceed $3.00 each way for transportation provided by the contract work release center except as provided in subparagraph (b)3. below.
2. Inmates will utilize transportation authorized in paragraph (10)(a) of this rule 33-601.602(9)(a), F.A.C., unless the warden over the work release center determines for public safety reasons another means of transportation is necessary.
3. Such facilities shall Will provide, at no cost to the Department department or the inmate, transportation within the community for medical or mental health services, religious services (if not provided at the work release center), attendance at substance abuse group meetings, or for shopping.
(c) No change.
(11)(10) Disbursement of Earnings.
(a) An inmate working at paid employment shall agree to deposit his total earnings less legally required payroll deductions, or other payroll deductions authorized by the Department department, into his account in the Inmate Trust Fund. The Department department shall have the authority to hold, disburse, or supervise the disbursement of these funds according to a prearranged plan of disbursement.
(b) No change.
(c) The inmates plan for the disbursement of earnings shall include a provision that no less than 10% of his their net income will be placed in savings for disbursement upon his their release. The plan shall also include a provision that no less than 10% of their net income will go toward the support of any dependents the inmate may have.
(d) All inmates participating in community work release programs shall be required to pay 55% subsistence, which shall be computed by factoring .55 (55%) times the inmates net earnings. The inmate shall be required to discurse such funds to pay the facility for subsistence at the following rates:
1. Inmates assigned to contract facilities for paid employment shall be required to pay 55% subsistence which shall be computed by factoring .55 (55%) times the inmates net earnings.
2. For all other inmates the amount of subsistence to be paid will be computed by factoring .45 (45%) times the inmates net earnings.
(e) Subsistence deductions will not exceed the states actual cost to incarcerate the inmate, as computed on a per diem basis. The computation of maximum subsistence deductions will be made and publicized annually by the department.
(f) Subsistence deductions against individual inmates earnings will commence with the first labor compensation payment received by the inmate during his incarceration and will terminate with the last earnings deposited to the Inmate Trust Fund, regardless of the frequency of the employers payroll cycle. However, if an inmate fails to deposit his final earnings into his Inmate Trust Fund account, a 55% subsistence deduction will be made from the Inmate Trust Fund Account for the days owed by the inmate, based on the inmates release date, for which the State or the contract facility has not already been compensated. The assessment will be made based on the inmates last earnings deposited.
(g) through (h) No change.
(i) While in paid employment status, the inmate shall be responsible for reimbursing the Department for costs associated with the following:
1. through 3. No change.
4. Tools, equipment, and clothing needed for employment.
(j) through (l) No change.
(12)(11) Restitution.
(a) Unless there exist exists reasons not to order restitution, the Department department shall require inmates working at paid employment, under the provision of Section 945.091, F.S., to provide restitution to an aggrieved party for the damage or loss caused as a result of a prior or current offense of the inmate. For purposes of this rule, fines, court costs and court ordered payments shall be treated in the same manner as restitution.
(b) In those cases where the committing court orders restitution to the victim in a specific amount, the Department department shall require inmates working at paid employment to pay restitution to the aggrieved party in the ordered amount.
(c) In the event that the committing court fails to order restitution or orders restitution but fails to state a specific amount, the Department department shall require the inmate, as a condition of working in a paid employment program, to pay restitution to the aggrieved party in an amount to be determined by the Bureau Chief of Classification and Central Records pursuant to Section 945.091, F.S. Restitution which is imposed by the Department department under this provision shall not be less than 10% of the inmates net earnings.
(d) If reasons exist not to order restitution, the Department department shall state such reasons in writing. Reasons include:
1. through 3. No change.
4. There is insufficient information available to the Department department in order to make a determination as to restitution;
5. No change.
6. There are no funds remaining after all Department of Corrections obligations have been paid.
(e) Restitution requirements shall be recorded on Form DC6-123, Monetary Reimbursement Agreement. Form DC6-123 is incorporated by reference in subsection (19)(16) of this rule.
(16) Advance of Funds. The facility director at contract work release centers is authorized by contract to advance monies up to $75.00 to an inmate who needs money for clothing, equipment, tools, transportation or incidental expenses in order to begin working at paid employment. The financial plan for the disbursement of the inmates earnings prepared, as provided in subsection 33-601.602(14), F.A.C., shall provide for the repayment of any such advancement of monies from the inmates earnings. If the inmates employment is terminated or if for any other reason the advancement of monies is not repaid from the inmates earnings, the advancement of monies remains a personal obligation of the inmate. Disciplinary action pursuant to Rule 33-601.314, F.A.C., shall be initiated to ensure due process for the collection of any unpaid portion of the advancement. All or part of the discharge gratuity as provided in Rule 33-601.502, F.A.C., shall be taken, but only if the Department of Corrections finds that such action will not jeopardize the inmates ability to transition himself into the community.
(13) Reasons for Removal from a Community Release Program. An inmate may be removed from a CWA, a community-based residential substance abuse program, a transition program, or from CWR for any of the following reasons:
(a) The inmate violates any laws, rules, or procedures or tests positive for drugs or alcohol;
(b) Information is received concerning the inmate that is determined will adversely impact on the safety and security of the inmate, Department, or the community; or
(c) There is reason to believe that the inmate will not honor the trust bestowed upon him.
(14) Process for Removal from a Community Release Program.
(a) When an inmate is removed from a CWA, a community-based residential substance abuse program, a transition program, or from CWR for negative behavior or unsuccessful participation in the program and placed in a secure facility, the inmate shall be recommended for termination from the program by his classification officer.
(b) The ICT shall review the classification officers recommendation and recommend approval or disapproval of the inmates termination.
(c) The ICT recommendation shall be forwarded to the SCO, who shall approve or disapprove the termination.
(d) If the SCO disapproves the termination, the SCO shall ensure that the inmate is returned to his previous community release status.
(15) Escape from a Community Release Program.
(a) Any time an inmate cannot be located at his authorized location, a BOLO (Be On the Lookout For)/Warrant shall be requested and the inmate shall be recommended for termination from the community release program in the interest of public safety.
(b) Once located, the inmate shall be transferred to a secure facility.
(c) If, following investigation, it is determined that the inmate did not escape, as defined in Section 945.091(4), F.S., the procedures outlined in subsection (15) of this rule shall be followed in order to reinstate the inmate to a community release program.
(16)(13) Citizen Committees. The correctional officer major of a work release center or facility director of a contract facility shall establish committees of volunteer citizens in the various communities of the state to assist the Department of Corrections by:
(a) through (e) No change.
(17)(14) Program Facilities.
(a) The Department department is authorized to utilize any facility, including a contract facility, under its jurisdiction to provide community work release programs to inmates.
(b) Inmates participating in the community release programs will be housed in a work release center or contract facility.
(c) When funding is available, the Department department is authorized to enter into written agreements with any city, county, federal agency or authorized private organization for the housing of inmates on community release status in a place of confinement under the jurisdiction of such entity and for the participation of these inmates in community release.
(18)(15) Records Required. The Department department shall keep a record of the following:
(a) through (d) No change.
(19)(16) Forms. The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.
(a) through (h) No change.
(i) DC6-127, Checklist for Transfers to Work Release Centers, effective 4-10-08.
(i)(j) DC6-102, Letter of Notice, effective 9-2-01.
Rulemaking Specific Authority 945.091, 946.002 FS. Law Implemented 945.091, 946.002 FS. HistoryNew 12-7-97, Amended 4-13-98, 10-20-98, Formerly 33-9.023, Amended 3-14-01, 9-2-01, 10-27-03, 3-2-04, 10-28-04, 2-7-05, 2-22-07, 7-17-07, 4-10-08, 9-30-08,_________.
