reglab/statecodes huggingface dataset:
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.721 - Visiting Operations

Current through Reg. 50, No. 138; July 16, 2024
(1) Each institution
				shall provide a visiting area that facilitates both indoor and outside visiting
				and is adequately staffed to maintain security and safety.
(2) Wardens shall ensure that games, small
				toys and other suitable activities are available for small children to assist
				visitors with keeping their children occupied during visitation. Purchases to
				replenish toys and items for other activities are authorized from the General
				Revenue Fund. Wardens may also accept donations of games, small toys and other
				suitable items from individuals or the community. Visitors shall not be charged
				for damaged or broken games or toys.
(3) Chaplains shall provide
				non-denominational religious material in the visiting park suitable for all
				religions.
(4) Staff shall conduct
				a comprehensive contraband search of the visiting area and the visitor parking
				lot before and after visiting.
(5)
				Inmates shall be required to conduct visits in a separately designated visiting
				area as determined by the warden or duty warden when visiting in the regular
				visiting area poses a threat to security, safety, or good order of the
				institution or any person.
(6)
				Wardens shall require non-contact visits when a contact visit poses a threat to
				security or good order of the institution.
(7) Staff shall minimize interaction with the
				inmate or their visitors unless the inmates or visitors are violating rules or
				procedures or are being disruptive.
(8) All visiting area staff shall participate
				in a minimum of four hours of annual training specific to operations of the
				visiting park and visiting in general.
(9) When the inside visiting park has reached
				its maximum capacity, the warden is authorized to utilize any of the following
				remedies to alleviate overcrowding:
(a) Other
				temporary visiting areas or structures;
(b) Asking earlier arrival visitors to
				voluntarily leave so that others may enter;
(c) Mandating early departures of visitors
				when voluntary departures are insufficient.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.722 - On-site Visitation

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to the Florida Statutes and case law, the Department
				  has broad discretion in who may be permitted to enter a state correctional
				  institution. In accordance with that discretion, and the Department's statutory
				  authority to promulgate rules regarding visitation, the Department provides the
				  following limitations regarding on-site inmate visitation:
(1) Hours of Visitation. Standard visitation
				hours are defined as visitation between the hours of 9:00 a.m. and 3:00 p.m.,
				Eastern Time (ET), or 8:00 a.m. and 2:00 p.m., Central Time (CT), on each
				Saturday, Sunday, and the days identified in subsection (6) of this rule. These
				hours may be reduced or suspended by the Secretary or Secretary's designee for
				any reason stated in subsection (2). Additional on-site visitation hours
				outside of these days and times may be provided at the discretion of the
				Secretary or Secretary's designee.
(2) Emergency Reduction or Suspension of
				Visitation. When the Secretary or Secretary's designee determines it necessary,
				he or she may reduce or suspend visitation for an individual institution, the
				institutions in one or more regions, or all institutions statewide. The
				reduction or suspension of visitation privileges may occur only if warranted by
				the circumstances and required to promote the safety and security of an
				institution, inmates, staff, or the public. The reduction or suspension of
				visitation privileges will be limited to the duration of the threat or hazard
				posed. The Department will provide notice per subsection (7) of the general
				reason for the reduction or suspension of visitation privileges. The following
				criteria will be considered when determining whether a reduction or suspension
				of visitation privileges is appropriate:
(a)
				An imminent or current disturbance, uprising, strike, or riot, or the immediate
				aftermath thereof.-
(b) An imminent
				or current institutional staffing limitation that creates or poses a
				significant threat to the safety and security of the institution, inmates,
				staff, or the public.
(c) Any
				incident of contraband introduction resulting in the interruption,
				cancellation, or modification of routine facility operations.
(d) Any emergency declared pursuant to
				Chapter 252, F.S.
(e) An imminent
				or current natural disaster, or the immediate aftermath thereof.
(f) Infection control issues that pose a
				significant potential health risk to inmates, staff, or the public.
(g) Any other extraordinary circumstance that
				creates or poses a significant threat to the security or safety of the
				institution, inmates, staff, or the public.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.724 - Visitor Attire

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons
				desiring to visit shall be fully clothed including shoes. Only religious head
				coverings are permissible. Visitors shall not be admitted to the visiting area
				if they are dressed in inappropriate attire. The warden, assistant warden or
				duty warden shall be the final decision authority and shall assist in resolving
				inappropriate attire situations. Inappropriate attire includes:
(a) Halter tops or other bra-less
				attire,
(b) Underwear type tee
				shirts,
(c) Tank tops,
(d) Fish net shirts,
(e) Skin tight clothing or spandex clothing,
(f) Shoes known as Heelys or any
				footwear with removable parts,
(g)
				Clothes made with see-through fabric unless a non-see-through garment is worn
				underneath,
(h) Dresses, skirts, or
				Bermuda-length shorts more than three inches above the knee,
(i) Any article of clothing with a picture or
				language which presents a potential threat to the security or order of the
				institution, or
(j) Military style
				camouflage clothing to include jungle (green), urban (grey or black), and
				desert (tan or brown).
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.726 - Visitor Searches

Current through Reg. 50, No. 138; July 16, 2024
(1) Visitors,
				visitors' vehicles, and rental vehicles in visitors' possession are subject to
				search at any time while on institutional property. A visitor who refuses a
				search as described below will have their current visit denied and their
				visitation privileges suspended as set forth in Rule
				 33-601.731, F.A.C.
(2) Authorized visitor searches include:
(a) Inspection of the interior and exterior
				of any hand-carried item in a manner that does not damage or destroy the item
				or impair its use. If the item would be damaged, destroyed, or impaired by the
				inspection, the visitor will not be permitted to bring the item into the
				institution.
(b) Manual and visual
				inspection of the visitor's hair, hair piece, toupee, wig, hair extensions,
				facial hair, and scalp.
(c) Visual
				inspections of the visitor's ears, nose, and mouth without the insertion of any
				instruments or the officer's fingers.
(d) Removal and inspection of the visitor's
				shoes.
(e) Removal and inspection
				of the visitor's exterior layers of clothing and accessories such as gloves,
				scarves, overcoats, or sweaters.
(f) After removal of any exterior layers of
				clothing and accessories, manual and visual inspection of the visitor's first
				layer of clothing worn over the visitor's underwear.
(g) Manual and visual inspection of
				stockings, socks, and diapers. If it becomes necessary to remove the diaper of
				an infant or toddler for inspection, written consent from the parent, legal
				guardian, or authorized adult must be obtained as provided in subsection (4),
				and the inspection must be done in the privacy of a search room by an officer
				of the same sex as the infant or toddler with the parent, legal guardian, or
				authorized adult present.
(h)
				Manual and visual inspection, including removal, of the harness, leash, or
				tether of a service animal.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.728 - Inmate Visiting Appearance, Search, and Conduct

Current through Reg. 50, No. 138; July 16, 2024
(1) During visiting, inmates shall dress in
				accordance with Rule  33-602.101, F.A.C. Permanent
				inmates assigned to reception centers may wear a white shirt and white trousers
				during visitation. Inmates at work release centers whose work assignments are
				at the center may wear white shirts and white trousers during
				visitation.
(2) Inmates shall be
				strip-searched before and after visiting. Staff will conduct searches in
				accordance with Rule  33-602.204, F.A.C.
(3) Inmates shall not visit with anyone other
				than their authorized visitors.
(4)
				The inmate shall not pass items to another inmate or to a visitor or accept
				items from another inmate or a visitor except as specified in Rule
				 33-601.727, F.A.C.
(5) Inmates shall not be loud, boisterous,
				threatening, or disorderly during a visit or while in the visiting
				area.
(6) Inmates may briefly
				embrace and kiss each visitor once at the beginning and end of each visit.
(a) Inmates may hold their small children or
				the children of their visitors.
(b)
				Inmates and their visitors may hold hands if the holding of hands can be
				observed by visiting park staff. However, the holding of hands in either the
				visitor's or inmate's lap is prohibited.
(c) No other forms of affection or physical
				contact between inmates and visitors are
				authorized.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.729 - Denial or Termination of Visits

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				warden or duty warden shall be authorized to deny or terminate a visit for the
				following reasons:
(a) The visitor is or
				appears to be under the influence of drugs or alcohol;
(b) The visitor refuses or fails to produce a
				valid photographic identification or falsifies identifying
				information;
(c) Visiting space is
				limited and remedies authorized in subsection
				 33-601.721(10),
				F.A.C., have been exhausted;
(d)
				The inmate has already received his or her authorized visits and has departed
				the visiting area;
(e) The visitor
				is disruptive or the children accompanying the visitor are
				disruptive;
(f) The visitor is not
				on the inmate's approved visiting list;
(g) The visitor, having been admitted to
				visit one inmate, attempts to visit another inmate that he or she is not
				authorized to visit;
(h) The inmate
				refuses to visit with the visitor. Such refusal shall be made in writing by the
				inmate and placed in the inmate's file. If the inmate refuses to make a written
				refusal, the staff witnessing the refusal shall make a notation in the inmate's
				file regarding the refusal. The refusal shall also be noted in the inmate's
				AVR.
(i) The visitor does not and
				can not meet dress requirements for visitors;
(j) Emergency situations as declared by the
				warden or duty warden;
(k) A
				determination that the visit may jeopardize the security or safety of staff,
				inmates, others, or the institution;
(l) After completing a visit with one inmate,
				the visitor leaves the institution and attempt to re-enter to visit with a
				different inmate; or
(m) The
				visitor violates visitor's conduct standards in Rule
				 33-601.727, F.A.C.
(n) A service animal violates visitor conduct
				standards in Rule  33-601.727, F.A.C. A visitor
				with a disability cannot be asked to remove his service animal from the
				premises unless:
1. The dog is out of control
				and the visitor does not take effective action to control it; or
2. The dog is not
				housebroken.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.730 - Visiting Check-Out Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) When an
				inmate ends the visit, all of the inmate's visitors shall be required to depart
				the visiting park immediately.
(2)
				Upon completion of the visit the visitors shall not be cleared to leave the
				visiting park until the inmate with whom they visited is accounted for by
				institutional staff.
(3) Each
				visitor shall be logged out on the automated visiting record.
(4) No more than five adult visitors shall be
				allowed in the registration area at any time during
				checkout.
Rulemaking Authority
					 944.09,
					 944.23 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23,
					 944.8031
					 FS.
New 11-18-01, Amended
					 5-27-02.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.731 - Suspension of Visitation Privileges

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Suspension of Inmate Visitation Privileges.
(a) Suspension of an inmate's visitation
				privileges pursuant to paragraphs (1)(b)-(e) below will be considered by the
				ICT as a management tool independent of any disciplinary action or close
				management placement resulting from a listed infraction or incident. The ICT
				will consider the following factors when contemplating a suspension of an
				inmate's visitation privileges:
1. The
				severity of the precipitating conduct/offense(s);
2. Whether allowing continued visitation
				privileges would present a threat to the safe and secure operation of the
				institution, or to the security and operational integrity of the visiting
				area;
3. Whether the inmate's
				placement or pending placement in a special status such as close management,
				administrative confinement, disciplinary confinement, or maximum management
				would, on its own, result in an appropriate visitation restriction;
4. Whether the suspension of visitation
				privileges would be a significant detriment to the inmate's successful reentry
				into society by hindering maintenance of community and family
				ties.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.732 - Reinstatement of Suspended Visitation Privileges

Current through Reg. 50, No. 138; July 16, 2024
(1) General Provisions.
(a) The suspending authority (i.e., warden,
				warden's designee, or Regional Director) will serve as the reviewing authority
				for all requests for reinstatement of visitation privileges.
(b) All requests for reinstatement must be
				legibly handwritten or typed.
(c)
				An inmate must use Form DC6-236, Inmate Request Form, to submit their request
				for reinstatement to the suspending authority who issued the suspension
				pursuant to Rule  33-601.731, F.A.C. Form DC6-236
				is incorporated by reference in Rule
				 33-103.005, F.A.C.
(d) A visitor must use Form DC6-111A, Request
				for Visitation privileges, to submit their request for reinstatement to the
				classification officer where the inmate is currently housed. Form DC6-111A is
				incorporated by reference in Rule
				 33-601.715, F.A.C.
(e) A request for reinstatement may not be
				submitted more than ten calendar days prior to the expiration of the applicable
				waiting period as provided in this rule.
(f) All reinstatement decisions will be made
				in writing and will be provided to the inmate via institutional mail and sent
				to the visitor via the U.S. Postal Service to the visitor's last known
				address.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.733 - Visiting - Special Status Inmates

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Inmates in special statuses, except for medical reasons, are not considered
				inmates with regular visiting privileges and must have special approval to
				visit. Inmates in special statuses shall be prohibited or restricted from
				regular visiting due to adverse impacts on security and orderly institutional
				operation.
(a) During initial reception
				periods, inmates awaiting transfer to their initial permanent facility shall
				not be permitted visits. The warden or duty warden shall grant special visits,
				as outlined in Rule  33-601.736, F.A.C., if the
				inmate remains at the reception center more than 45 days.
(b) Inmates in administrative confinement,
				protective management, or disciplinary confinement status shall have visiting
				privileges as outlined in Rules
				 33-602.220,
				 33-602.221 and
				 33-602.222, F.A.C.,
				respectively. The warden or designee shall determine whether an approved visit
				for inmates in one of the above statuses will be non-contact pursuant to Rule
				 33-601.735, F.A.C.
(c) Inmates in the youthful offender basic
				training program shall be allowed visiting in accordance with Rule
				 33-601.237,
				F.A.C.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.734 - Visiting - Disciplinary Confinement, Protective Management, and Administrative Confinement Inmates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 944.23 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23,
					 944.8031
					 FS.
New 11-18-01, Amended 5-27-02, Repealed
					 11-28-10.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.735 - Non-Contact Visiting

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				this rule, non-contact visiting is a form of "in person" visitation and does
				not include video visitation as defined in Rule
				 33-602.901, F.A.C.
(2) When the Institutional Classification
				Team (ICT) determines that non-contact visiting is necessary in order to
				maintain the security and good order of the institution, the ICT shall make a
				recommendation to the warden who shall approve or disapprove the
				recommendation.
(3) The ICT shall
				consider the following factors in determining whether to place an inmate in
				non-contact status:
(a) Whether the inmate is
				a threat to the security of the institution,
(b) The inmate's and his or her visitors'
				past behavior during visiting,
(c)
				The inmate's disciplinary history within the last five years involving drugs,
				contraband, violence, or visiting policy violations,
(d) Evidence or intelligence reports that an
				inmate has possessed, sold, or transferred drugs, alcohol, or money,
(e) Whether the inmate has a confirmed
				membership in a security threat group, and
(f) A positive drug or alcohol urine
				test.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.736 - Special Visits

Current through Reg. 50, No. 138; July 16, 2024
(1) The warden or
				duty warden is authorized to approve special visits, impose special conditions
				for visiting outside of the regular visiting schedule, and to make exceptions
				to the number of visitors allowed.
(2) Before approving a special visit for any
				person who is not in the inmate's approved visiting record, institutional staff
				shall obtain a criminal history on the prospective visitor.
(3) The Visitor Screening Matrix, Form
				DC6-111D shall be used to evaluate the proposed visitor's criminal record and
				visiting background in determining approval or disapproval of the special
				visiting request. Form DC6-111D is incorporated by reference in Rule
				 33-601.737, F.A.C.
(4) Requests for a special visit shall be
				made by the inmate on the Inmate Request, Form DC6-236 or in writing or by
				phone by an individual requesting a special visit. The request shall be
				submitted no less than five workdays in advance of the requested visit. The
				warden or duty warden shall approve or deny the request by the next working day
				after receipt. If it can be conclusively established that circumstances
				prevented the visitor from requesting a special visit within the five-day
				period, the warden or duty warden shall consider the request for a special
				visit. The inmate shall be responsible for notifying individuals approved for a
				special visit.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.23,
					 944.8031
					 FS.
New 11-18-01, Amended 5-27-02,
					 9-29-03.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.737 - Visiting - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 944.23 FS. Law Implemented
					 944.09,
					 944.23,
					 944.47,
					 944.8031
					 FS.
New 11-18-01, Amended 4-29-02, 9-29-03, 3-31-05, 7-17-05,
					 3-21-06, 3-29-07, 8-23-07, Repealed
					 3-22-12.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.801 - Close Management - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.001, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.802 - Levels of Close Management (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.002, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.803 - Privileges in Close Management (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, 9-2-98, Formerly 33-38.003,
					 Repealed 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.804 - Close Management Review Team (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Formerly 33-38.004, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.805 - Assignment to Close Management (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Formerly 33-38.005, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.806 - Formal Review of Assignment to Close Management (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.006, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.807 - Close Management - Warden's Responsibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.007, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.808 - Close Management - Regional Director's Responsibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.008, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.809 - Close Management - Case Management Responsibilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.009, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.810 - Close Management Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.010, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.811 - Close Management - Other Conditions and Privileges (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Formerly 33-38.011, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.812 - Close Management Records and Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Amended 4-14-98, Formerly 33-38.012, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.813 - Close Management - Rule Change Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-1-95, Formerly 33-38.013, Repealed
					 2-1-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.820 - Maximum Management

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) Institutional Classification Team (ICT)
				-refers to the team consisting of the warden, assistant warden, classification
				supervisor, chief of security, and other members as necessary when appointed by
				the warden or designated by rule. The ICT is responsible for making inmate
				status decisions and for making other classification recommendations to the
				State Classification Office, regional director, and warden. At private
				facilities, the Department's representative is to be considered a fourth member
				of the ICT when reviewing all job/program assignment, transfer, and custody
				recommendations/decisions. If a majority decision by the ICT is not possible,
				the decision of the Department's representative is final.
(b) Maximum Management - refers to a
				temporary status for an inmate who, through a recent incident or series of
				recent incidents, has been identified as being an extreme security risk to the
				Department and requires an immediate level of control beyond that available in
				confinement, close management, or death row. The Secretary has designated
				Florida State Prison (FSP) as the only institution authorized to house maximum
				management inmates, based upon the needs of the Department.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.901 - Confidential Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Inmate and
				offender access to records or information.
(a)
				Inmate and offender access to non-medical and non-substance abuse records or
				information.
1. No inmate or offender under
				jurisdiction of the Department shall have unlimited or routine access to any
				information contained in the records of the Department. Section
				 945.10(3),
				F.S., authorizes the Department of Corrections to permit limited access to
				information if the inmate or offender makes a written request and demonstrates
				an exceptional need for information contained in the Department's records and
				the information is otherwise unavailable. Such information will be provided by
				the Department when the inmate or offender has met the above requirements and
				can demonstrate that the request is being made under exceptional circumstances
				as set forth in Section
				 945.10(3),
				F.S.
2. It will be the
				responsibility of the inmate or offender to maintain such information, and
				repeated requests for the same information will not be honored. Copies of
				documents which have been previously provided to the inmate or offender under
				other rules of the Department will not be provided unless the inmate or
				offender can demonstrate that exceptional circumstances exist.
3. No inmate or offender shall have access to
				any other inmate or offender's file.
4. An inmate desiring access to non-medical
				or non-substance abuse information must submit a written request to their
				classification officer or officer-in-charge of a community facility. A
				supervised offender must submit the request to their supervising officer. If
				the request does not meet the requirements specified in Section
				 945.10(3),
				F.S., the request will be denied in writing. If the request meets the
				requirements specified in Section
				 945.10(3),
				F.S., the request will be approved without further review. If the request meets
				the requirements specified in Section
				 945.10(3),
				F.S., but details exceptional circumstances other than those listed, the
				classification officer or officer-in-charge will review the request and make a
				recommendation to the classification supervisor, who will be the final
				authority for approval or disapproval of requests from inmates. For supervised
				offenders, the recommendation will be submitted to the correctional probation
				circuit administrator or designee, who will be the final authority for approval
				or disapproval.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.101 - Care of Inmates

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				institution shall provide a canteen to be operated within the institution for
				the convenience of the inmates in obtaining items which are not furnished by
				the Department of Corrections, but which are allowable within the institution
				through canteen purchase. Proceeds from the operation of the canteen shall be
				deposited in the general revenue fund as provided by law. These profits shall
				be used as provided in Rule
				 33-203.101, F.A.C. Such canteen
				operation shall be subject to audit, as other institutional operations are
				audited. Institutions with a cashless canteen shall restrict canteen purchases
				to those inmates with proper identification. Alternate purchase procedures
				shall be established for those inmates with temporary ID cards. These alternate
				procedures shall ensure at least a weekly opportunity to make canteen
				purchases.
(2) Inmates shall at all
				times wear the regulation clothing and identification card in accordance with
				Department rules, procedures, and institution policy.
(a) Class Uniforms will be as follows:
1. The male Class A uniform shall require the
				following:
a. The ID card shall be worn as
				required in paragraph (2)(j),
b.
				State issued outer shirt,
c. State
				issued pants,
d. T-shirt under
				outer shirt (permissible but not required to be worn underneath buttoned state
				issued outer shirt),
e. Under
				shorts,
f. State issued web belt
				(except for state issued pants with elastic waistband not requiring a
				belt),
g. Socks; and,
h. Footwear (including authorized athletic
				shoes, state issued canvas or closed-cell resin shoes, work boots, or approved
				medically necessary footwear). Authorized athletic shoes may not, however, be
				worn for visitation.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.110 - Reward for Capture of Escapees

Current through Reg. 50, No. 138; July 16, 2024
A maximum of $100 shall be paid from institutional funds to
				  the person directly responsible for physically capturing an inmate escapee or
				  for supplying the information that directly led to the capture of an inmate
				  escapee. In the event that more than one person is directly responsible for the
				  apprehension, a $50 reward shall be paid to each person. The warden shall
				  determine eligibility based on each person's direct role and involvement in the
				  capture of the escapee. The warden shall base the decision on written reports
				  from staff or law enforcement authorities concerning the recapture. No employee
				  of the Department of Corrections, state, county or municipal law enforcement or
				  correctional agency who is engaged in the apprehension, detection, or detention
				  of prisoners is eligible to receive such rewards.
Rulemaking Authority
					 20.315,
					 944.09 FS. Law Implemented
					 944.09,
					 944.402
					 FS.
New 10-8-76, Formerly 33-3.11, Amended 10-17-88, Formerly
					 33-3.011.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.112 - Inmate Death Notification Process

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice of Death. Upon the death of an
				inmate while in the custody of the department:
(a) The institution shall immediately notify:
1. The person designated by the inmate to
				receive notice of his death, which will typically be provided by the
				chaplain;
2. The Office of the
				Inspector General on-call supervisor via the emergency action center;
3. The Office of Health Services;
4. Any authorized organ donor organization
				that has received prior approval from the deceased for removal and donation of
				organs;
5. The nearest consulate of
				a foreign national's country in the case of the death of a foreign national;
				and
6. The district medical
				examiner of the district in which the death occurred if the death appears to be
				the result of natural causes.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.201 - Inmate Property

Current through Reg. 50, No. 138; July 16, 2024
(1) The reception
				center chief of security will ensure that an inmate property file is
				established for each new inmate. The inmate property file will become part of
				the inmate's institutional file. All forms and correspondence pertaining to
				inmate property must be placed in this file in chronological order. The chief
				of security or designee at each institution is responsible for the maintenance
				of the inmate property file. An addendum will be made to Form DC6-224, Inmate
				Property List, any time the status of an inmate's property changes. Form
				DC6-224 is hereby incorporated by reference. Copies of the form are available
				from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee,
				Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-11988
.
				The effective date of this form is 06/20. Examples of changes include when an
				inmate receives additional property through an approved source or when the
				inmate chooses to dispose of a broken or worn out item.
(2)
(a)
				When an inmate is initially received by the Department, the receiving or
				property officer will take charge of the inmate's property. The officer will
				inventory all items in the inmate's possession at that time using Form
				DC6-224.
(b) After final
				disposition is completed, the officer will give one copy of Form DC6-224 to the
				inmate along with that property the inmate is authorized by the Department to
				keep. Property remaining in the possession of an inmate is the responsibility
				of that inmate and not of the institution. One copy of Form DC6-224 will be
				placed with any property that is not authorized within the Department and that
				is to be stored. One copy of Form DC6-224 will be placed in the package to be
				mailed to the inmate's home or to the person designated on the form; if the
				inmate chooses to forfeit the items, this copy of Form DC6-224 will be given to
				the inmate. One copy of Form DC6-224 will be placed in the inmate property
				file.
(c) Unauthorized property
				will be held at the institution for 30 days. During this 30-day period, an
				inmate will be given an opportunity to have any unauthorized property picked up
				by an approved visitor, relative, or friend, and to mail money or valuables to
				his or her family or other person of his or her choosing at no expense to the
				Department. The 30-day period will not include any time during which a
				grievance or grievance appeal pertaining to the disposition of the property is
				pending. Persons picking up items must pre-arrange with the warden for pick-up
				at a specific time during administrative working hours (Monday through Friday
				8:00 a.m. to 5:00 p.m.).
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.202 - Inmate Property - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 11-3-87, Amended 11-13-95, Formerly 33-3.00275,
					 Repealed 11-21-00.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.203 - Control of Contraband

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				Definition of Contraband.
(a) Any item or
				article inside an institution or facility, on the property of a facility or in
				the possession of an inmate that was not:
1.
				Issued;
2. Approved for purchase in
				the canteen;
3. Purchased through
				an approved source with official approval;
4. Authorized and approved for delivery by
				mail; or
5. Authorized to be
				brought into the institution or facility.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.204 - Searches of Inmates

Current through Reg. 50, No. 138; July 16, 2024
Searches of inmates will be conducted to control the
				  introduction and movement of contraband, and to prevent escapes. When searching
				  an inmate, staff must follow established search protocol to ensure the safety
				  of staff and the inmate.
(1) Clothed
				searches.
(a) Inmates should be searched while
				fully clothed whenever possible since most contraband can be detected using
				this method of search if it is properly conducted.
(b) A correctional officer may conduct
				searches of clothed inmates without prior approval from his or her
				supervisor.
(c) Visual and metal
				detector searches may be routinely conducted on clothed inmates, and may be
				conducted at random.
(d) In
				addition to visual or metal detector searches, a search of clothed inmates may
				be conducted utilizing x-ray body scanner technology intended for security use
				when available.
1. Any inmate entering or
				exiting the secure perimeter of a Department institution or who is suspected of
				hiding contraband inside his or her body may be searched utilizing x-ray body
				scanner technology intended for security use.
2. Scanned images will only be viewed by
				correctional officers of the same sex as the inmate being searched, except in
				an emergency situation for the protection of staff, inmates, or the
				public.
3. The Department must
				maintain a log to monitor each inmate's exposure to x-ray body scanner
				technology intended for security use to ensure that an inmate does not exceed
				the recommended radiation exposure as required by paragraph
				 64E-5.502(1)(a),
				F.A.C.
(e) With the
				exception of scanned images described in paragraph (1)(d) above, searches of
				clothed male inmates may be conducted by staff who are of the opposite sex from
				the inmates.
(f) Searches of
				clothed female inmates may only be conducted by female staff except when time
				and circumstances do not permit the arrival of female staff or due to an
				imminent threat of physical violence when an immediate search is necessary to
				secure the inmate to prevent injury to staff, inmates, or the public.
(g) Before the search of a clothed inmate
				begins, the inmate must remove the contents of his or her pockets, and remove
				his or her shoes and hat. The shoes, hat, and personal effects removed from the
				inmate's pockets must be inspected prior to conducting the search of the
				clothed inmate.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.2045 - Inmate Substance Abuse Testing (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 944.472,
					 944.473 FS. Law Implemented
					 944.09,
					 944.472,
					 944.473
					 FS.
New 2-8-00, Amended 2-5-01, Transferred to
					  33-108.101.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.205 - Inmate Telephone Use

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				sets forth the minimum telephone privileges that shall be granted to inmates
				housed in institutions or facilities other than community correctional centers.
				All inmate calls, with the exception of those calls placed to attorneys
				pursuant to paragraph (3)(a), and to foreign consulates pursuant to paragraph
				(5)(a) shall be subject to monitoring and recording. Due to the high level of
				security needs on death row, the only telephone privileges available to death
				row inmates - except those inmates in Phase I or Phase II, as those phases are
				described in Rule  33-601.830, F.A.C. - are those
				set forth in paragraph (3)(a), private calls to attorneys; subsection (4),
				calls to the courts; paragraph (5)(a), private calls to foreign consulates;
				subsection (6), calls made in the event of family crisis; and subsection (18),
				other monthly telephone calls. The only telephone privileges available to death
				row inmates in Phase I and Phase II are those set forth in paragraph (3)(a),
				calls to attorneys; paragraph (5)(a), private calls to foreign consulates; and
				subsection (6), calls made in the event of family crisis.
(2) Inmate telephone procedures will be
				conducted as follows:
(a) Inmates shall be
				allowed to telephone any authorized person and those outlined in paragraph
				(3)(a), subsection (4), and subsection (5) of this rule. For purposes of this
				rule, an authorized person is any person the inmate is not prohibited from
				calling pursuant to statute, court order, or paragraph (14)(a) of this rule.
				Inmates shall not make three-way telephone calls, conference calls, or calls to
				numbers which are then transferred or merged to other telephone numbers.
				Collect calls to personal cell phone numbers will be allowed as follows:
1. The cell phone must be contracted through
				a wireless telecommunications company licensed by the Federal Communications
				Commission;
2. The inmate will be
				responsible for advising family/friends that they must contact the contractor
				for the inmate telephone system to establish a payment account for calls made
				to the cell phone number;
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.206 - Emergency Management

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) Incident - where used herein, any
				assault, bomb threat, employee strike, escape, evacuation, fire, hazardous
				material or chemical spill or leak, hostage situation, medical emergency,
				natural or man-made disaster, pandemic, riot or disorder, or any other
				significant event requiring departure from normal operations.
(b) Incident commander - the individual
				assuming and having responsibility for the management of all
				incidents.
(c) Emergency Action
				Center (EAC) refers to the unit located in the central office charged with
				receiving reports regarding incidents from Department of Corrections'
				facilities and reporting the information to the proper authorities. This unit
				also receives requests for criminal histories, warrant confirmations, and
				offender location requests from law enforcement agencies throughout the United
				States.