The purpose and effect of the rule amendment is to revise the rules related to inmate property. The words no mineral oils and no vaseline after moisturizer on the authorized property list were deleted from the rule.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-602.201: Inmate Property

PURPOSE AND EFFECT: The purpose and effect of the rule amendment is to revise the rules related to inmate property. The words no mineral oils and no vaseline after moisturizer on the authorized property list were deleted from the rule.

SUMMARY: The words no mineral oils and no vaseline after moisturizer on the authorized property list were deleted.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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.

RULEMAKING 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 THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.201 Inmate Property.

(1) through (17) 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 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 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 “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “canteen” designation shall be available in all institutional canteens or through canteen order. All 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''

 

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Deputy Assistant Secretary, Office of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 31, 2012