The purpose and effect of the proposed rule is to clarify distinctions in permissible use and storage of religious items used for worship or for wearing at all times and to amend the list of religious items inmates are permitted to possess 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 worship or for wearing at all times and to amend the list of religious items inmates are permitted to possess for worship or for wearing at all times.
SUMMARY: The proposed rule clarifies distinctions in permissible use and storage of religious items used for worship or for wearing at all times and amends the list of religious items inmates may possess for worship or for wearing at all times.
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 (15) No change.

(16) Religious Property.

(a) Unless otherwise prohibited by Department rule, inmates shall be permitted to possess, for personal use, religious publications as defined in Rule 33-503.001, F.A.C., that are in compliance with admissibility requirements of Rule 33-501.401, F.A.C. Inmates shall be permitted to possess the following religious items or material:

(b) Unless otherwise prohibited by Department rule or by paragraph (d) of this subsection, inmates shall be permitted to possess the following items adhering to the tenets of a particular religion for wearing at all times or for use during individual worship. Such items must be documented on Form DC6-224, Inmate Personal Property List. When an inmate makes a change in religious preference, the inmate must dispose of all of the items associated with the previous religion unless such items are also associated with the new religious preference. Disposal may be by mailing at the inmate’s expense or by waste disposal and must be done before the inmate shall be permitted to possess items adhering to the new religious preference. An inmate shall be allowed to maintain the following items in his cell or housing area unless individualized security concerns outlined in paragraph (g) of this subsection require storage and usage elsewhere. Inmates shall not be transported to the chapel for the purpose of using a religious item if the inmate possesses the item in his housing area.

1. Items for wearing or carrying at all times: 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.

a. Jewish – black yarmulke, white Tallit Katan;

b. Catholic – scapular;

c. Muslim – white koofi for men, white or blue headscarves for women (women may possess up to four scarves);

d. Buddhist – Rakusu;

e. Assembly of Yashua – black yarmulke;

f. Rastafarian – white or blue headscarves for women (possession limit of four);

g. One set of prayer beads, such as Rosary, Dhikr, Orisha, Mala, or Japa-Mala beads;

h. One religious symbol or medallion, such as a cross, Star of David, or talisman. Religious symbols shall not be more than two inches in length or diameter, and symbols worn about the neck shall be worn under the shirt on a jewelry-type chain. Religious symbols that are designed to be affixed to clothing with a pin are not permitted.

2. Items for individual worship: Items adhering to the tenets of a particular religion for wearing at all times or use during individual worship. Items may include:

a. Jewish – Tallit (white or white with blue trim) no larger than 66'' x 66'', one set of tefillin; Jewish – yarmulke;

b. Muslim – prayer rug no larger than 30'' x 42''; Catholic – rosary beads;

c. Native American – medicine bag, headband, feather; Muslim – prayer rug, koofi;

d. Asatru or Odinism – runes and accompanying cloth bag; Native American – medicine bag, headband, and;

e. Greek Orthodox – prayer rope; Asatru or Odinism – runes and accompanying cloth bag.

f. Wiccan or Thelema – tarot cards;

g. No more than two pictures or images depicting gods, saints, or other religious or spiritual entities. Such pictures or images may be no larger than 8.5 x 11 inches.

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.

(c) The following religious items pose a general 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 or an approved volunteer. These items shall be stored in the chapel:

1. Buddhist – meditation cushion or Zafu;

2. Wiccan – stones or crystals.

(d) Limitations on Use of Religious Property.

1. Inmates in disciplinary or administrative confinement are not permitted to store or use religious property, other than religious publications as provided in paragraph (a) of this subsection, unless the inmate obtains prior written approval from the warden or designee.

2. Inmates in a transitional care unit or housed at Corrections Mental Health Institution (CMHI) shall only be permitted to possess religious items for wearing or carrying at all times, unless the warden or designee finds that the inmate’s possession of an item poses a safety or security threat.

3. Inmates in an isolation cell, observation cell, isolation management room, crisis stabilization unit, or on self-harm observation status are not permitted to store or use religious property, other than religious publications as provided in paragraph (a) of this subsection, under any circumstance.

4. Inmates on close or maximum management status shall be permitted to possess items for wearing or carrying at all times unless the warden or designee finds that the inmate’s possession of the item poses a safety or security threat. An inmate who wishes to possess a religious item for individual worship shall submit a request using form DC6-236, Inmate Request, to the chaplain for evaluation pursuant to paragraph (g) of this subsection.

(b) 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;

2. Wiccan – tarot cards; and

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.

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

(f)(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.

(g)(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. In determining whether an item presents a threat to security and order, security staff shall consider the following:

1. The nature of the item requested and the particular dangers to security and order that the item presents;

2. The characteristics of the institution and of the general inmate population at the institution;

3. The custody level and record of the inmate requesting the item.

(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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 15, 2009