reglab/statecodes huggingface dataset:
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-401 - HEALTH SERVICES ADMINISTRATION › Section 33-401.401 - Use of Tobacco and Vapor Products

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule establishes the tobacco and
				vapor products use policy for the Department of Corrections. For the purposes
				of this rule, "tobacco products" means items such as cigars, cigarettes, snuff,
				loose tobacco, or similar goods made with any part of the tobacco plant, which
				are prepared or used for smoking, chewing, dipping, sniffing, or other personal
				use. "Vapor products" means aerosolized or vaporized nicotine or other
				aerosolized or vaporized substance produced by a vapor-generating electronic
				device or exhaled by the person using such a device, or the vapor-generating
				electronic device itself.
(2)
(a) Pursuant to Section
				 944.115, F.S., use of any
				tobacco products shall be prohibited in all indoor areas of any building or
				office within a state correctional facility except for employee housing on
				department grounds and inmate maximum security (death row) housing areas. Only
				unlighted tobacco product use shall be permitted in death row
				housing.
(b) Pursuant to Section
				 386.204, F.S., smoking and
				vaping are prohibited in all enclosed indoor workplaces as defined in Section
				 386.203, F.S.
(c) Pursuant to Section
				 944.47, F.S., a vapor-generating
				electronic device as defined in Section
				 386.203, F.S., shall not be
				intentionally and unlawfully introduced inside the secure perimeter of any
				state correctional institution.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-401 - HEALTH SERVICES ADMINISTRATION › Section 33-401.501 - Communicable Disease Exposure and Testing

Current through Reg. 50, No. 138; July 16, 2024
(1) In the event of possible exposure to a
				communicable disease by a correctional officer, employee or any unincarcerated
				person lawfully present in a correctional facility, the person exposed is
				authorized by Section
				 945.35, F.S., to request the
				testing of the inmate who caused the exposure.
(2) When a request has been made for testing,
				health services staff shall first determine whether there is reason to believe
				that risk of exposure has occurred. If not, the requestor shall be so advised.
				If so, health services staff shall order such testing of the source inmate as
				is clinically appropriate for the type of exposure involved.
(3) Upon receipt of the test results of the
				source inmate, health services staff shall provide the results to the requestor
				and the source inmate. These results are confidential and shall only be
				communicated to the person requesting the test and the inmate tested.
				Confidentiality of HIV test results shall be maintained in accordance with
				Section  381.004, F.S.
(4) The source inmate shall be provided with
				counseling, health care and support services in conjunction with communication
				of the test results.
(a) If the affected
				person is a correctional officer or other employee, access to testing,
				counseling, health care, and support services shall be provided through the
				workers' compensation program.
(b)
				If the affected person is an unincarcerated person lawfully present in the
				correctional facility, he or she shall be advised to contact his or her health
				care provider or local health department for testing, counseling, health care
				and support services.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-401 - HEALTH SERVICES ADMINISTRATION › Section 33-401.601 - Medical Consultations by Non-Department Providers

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule is applicable only to
				non-department provider consultations that are requested, initiated or
				scheduled by inmates, attorneys or other inmate representatives. Such medical
				consultations shall be allowed only under the conditions set forth in this
				rule.
(2) Requests for
				non-department provider consultations related to the services being provided to
				the inmate by the department will not be approved. Consideration shall be
				limited to those requests for the following purposes:
(a) Evaluations for parole
				consideration;
(b) Evaluations for
				court proceedings;
(c) Evaluations
				associated with an application for benefits or services from another agency or
				entity such as: workers' compensation, veteran's benefits, or social security
				benefits; or
(d) Evaluations
				associated with medical procedures that are not provided by the department, and
				that do not present current or future operational, security, or financial
				concerns for the department.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-402 - DENTAL SERVICES › Section 33-402.101 - Dental Services - General

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department of Corrections Office of Health Services shall ensure that a
				comprehensive program of dental services, supervised by a dentist, is available
				to all inmates under its jurisdiction. The dental services program shall
				include emergency dental services, urgent dental services, preventative dental
				services and routine dental services.
(2) Definitions.
(a) Emergency dental services include
				treatment for trauma, control of bleeding, and acute infection. Emergency
				dental services shall be available to inmates 24-hours a day.
(b) Urgent dental services include treatment
				for chipped teeth, tooth pain, lost crowns or fillings, or broken dentures. All
				Department of Corrections dental clinics shall hold daily sick call, when a
				dentist is available, to provide dental access to those inmates who cannot wait
				for a routine appointment but do not meet the criteria for emergency dental
				services.
(c) Preventative dental
				services include oral (mouth) exams and regular oral hygiene. The Department of
				Corrections shall provide each inmate oral hygiene supplies including a
				toothbrush and a toothpaste containing fluoride. The inmate shall also be
				provided education in the use of oral hygiene supplies.
(d) Routine dental services are available by
				request and include examination, diagnosis, and treatment provided per a
				written treatment plan. Oral surgery is also available to all inmates; however,
				oral surgery for purely cosmetic reasons will not be performed. Orthodontics or
				the treatment of misaligned teeth is excluded from routine services and shall
				not be provided unless the lack of orthodontic services adversely affects an
				inmate's health.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.101 - Mental Health Services Program - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) Mental health services are those services
				and activities that are provided primarily by mental health staff and
				secondarily by other health care staff for the purposes of:
(a) Identifying inmates who are experiencing
				disabling symptoms of a mental disorder that impair the ability to function
				adequately within the incarceration environment;
(b) Providing appropriate intervention to
				alleviate disabling symptoms of a mental disorder;
(c) Assisting inmates with a mental disorder
				with adjusting to the demands of prison life;
(d) Assisting inmates with a mental disorder
				to maintain a level of adaptive functioning; and
(e) Providing re-entry mental health planning
				to facilitate the inmate's continuity of care after release to the
				community.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.104 - Mental Health Services - Classification System (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.49
					 FS.
New 5-27-97, Formerly 33-40.004, Repealed
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.105 - Consent to Mental Health Evaluation and Treatment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.48,
					 945.49 FS. Law Implemented
					 944.09,
					 945.48,
					 945.49
					 FS.
New 5-27-97, Formerly 33-40.005, Repealed
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.106 - Admission to Infirmary Mental Health Care, Transitional Care, or Crisis Stabilization

Current through Reg. 50, No. 138; July 16, 2024
(1) The right to
				refuse health care is inherent for all inmates committed to the custody of the
				department, except in cases in which refusal of care poses a serious threat to
				the inmate's health or safety or the health or safety of other inmates or
				staff.
(2) Admission to infirmary
				mental health care, crisis stabilization, or transitional care may not be
				refused.
(3) An inmate's refusal of
				evaluation or treatment and all observations and assessments regarding the
				refusal shall be properly documented in the inmate's health
				record.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.48,
					 945.49
					 FS.
New 5-27-97, Formerly 33-40.006, Amended
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.107 - Use of Force with Mentally Disordered Inmates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 944.35,
					 945.49 FS. Law Implemented
					 944.09,
					 944.35,
					 945.49
					 FS.
New 5-27-97, Formerly 33-40.007, Repealed
					 10-17-10.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.201 - Operation, Administration, and Designation of Corrections Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) The department
				is responsible for the operation and administration of corrections mental
				health treatment facilities, which are established to provide for the treatment
				of inmates who have a mental disorder requiring intensive mental health
				treatment at the hospital level.
(2) The assistant secretary for health
				services designates mental health treatment facilities at the following
				institutions:
(a) Lake Correctional
				Institution (males);
(b) Suwannee
				Correctional Institution (males);
(c) Reception and Medical Center (males);
				and,
(d) Florida Women's Reception
				Center (females).
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.202 - Mental Health Treatment Facilities - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.42,
					 945.49 FS. Law Implemented
					 20.315,
					 944.09,
					 945.42,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.03, Amended 10-9-96, 3-24-97,
					 8-17-97, Formerly 33-23.003, Amended 10-19-03, Repealed
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.203 - Mental Health Treatment Facilities - Care of Inmates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.08, Amended 10-9-96, Formerly
					 33-23.008, Repealed 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.204 - Mental Health Treatment Facilities - Use of Force (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 20.315,
					 944.09,
					 945.48,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.10, Amended 10-9-96, Formerly
					 33-23.010, Repealed 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.205 - Mental Health Treatment Facilities - Inmate Discipline (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 20.315,
					 944.09,
					 944.35,
					 945.48,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.12, Amended 10-9-96, Formerly
					 33-23.012, Repealed 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.206 - Mental Health Treatment Facilities - Administrative Confinement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 20.315,
					 944.09,
					 944.35,
					 945.48,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.13, 33-23.013, Amended
					 11-17-03, 11-17-03, Repealed 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.207 - Mental Health Treatment Facilities - Restrictions of Inmate Privileges (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 944.09,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.17, Amended 10-9-96, Formerly
					 33-23.017, Repealed 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.208 - Mental Health Treatment Facilities - Admissible Reading Material (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.11,
					 945.21,
					 945.49 FS. Law Implemented
					 944.11,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.18, 33-23.018, Repealed
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.209 - Mental Health Treatment Facilities - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 945.21,
					 945.49 FS. Law Implemented
					 120.55,
					 945.21,
					 945.49
					 FS.
New 11-3-85, Formerly 33-23.25, 33-23.025, Repealed
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.2095 - Placement in Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) An inmate shall be considered for
				placement in a corrections mental health treatment facility when he or she is
				in need of care and treatment as defined in Section
				 945.42, F.S.
(2) Placement in a corrections mental health
				treatment facility can only be made from a crisis stabilization unit and,
				except for emergencies as described in Rule
				 33-404.2096, F.A.C., all
				placements must be accompanied by a court order obtained in accordance with
				Section  945.43, F.S.
(3) The warden of the institution in which
				the crisis stabilization unit is housed shall recommend placement of an inmate
				in a corrections mental health treatment facility in accordance with Section
				 945.43,
				F.S.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 945.42,
					 945.43
					 FS.
New 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.2096 - Emergency Placement in Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
An inmate who has a mental disorder and is in immediate need
				  of care and treatment as defined in Section
				   945.42(5),
				  F.S., that cannot be provided at the institution where the inmate is currently
				  housed may be placed in a corrections mental health treatment facility in
				  accordance with Section
				   945.44, F.S.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 945.42,
					 945.44
					 FS.
New 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.2097 - Discharge From Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
When an inmate is no longer in need of care and treatment as
				  defined in Section  945.42(6),
				  F.S., he or she shall be discharged from a corrections mental health treatment
				  facility to a transitional care unit for at least thirty days prior to being
				  transferred to a less restrictive setting.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 945.42,
					 945.47
					 FS.
New 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.2098 - Continued Placement in Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) An inmate may be retained in a
				corrections mental health treatment facility if he or she has a mental disorder
				and continues to be in need of care and treatment as defined in Section
				 945.42(6),
				F.S.
(2) In accordance with Section
				 945.45, F.S., the warden of the
				institution where the corrections mental health treatment facility is located
				shall file a petition with the Division of Administrative Hearings for an order
				authorizing continued placement of an inmate in the facility prior to the
				expiration of the period during which the facility is authorized to retain the
				inmate.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 945.42,
					 945.45
					 FS.
New 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-404 - MENTAL HEALTH SERVICES › Section 33-404.210 - Corrections Mental Health Treatment Facilities - Consent to Treatment

Current through Reg. 50, No. 138; July 16, 2024
(1) Before treatment is initiated within a
				corrections mental health treatment facility as defined in Rule
				 33-404.103, F.A.C., the inmate
				shall be asked to give express and informed written consent for such treatment
				in accordance with Section
				 945.48, F.S.
(2) If the inmate is placed in a corrections
				mental health treatment facility by order of a court and refuses treatment
				deemed necessary for the appropriate care and safety of the inmate or others,
				the warden shall petition the circuit court serving the county in which the
				corrections mental health treatment facility is located for an order
				authorizing the treatment of the inmate in accordance with Section
				 945.48, F.S.
(3) When the consent of the inmate cannot be
				obtained, the warden or designee, with the concurrence of the inmate's
				attending physician, may authorize emergency surgical or non-psychiatric
				medical treatment if such treatment is deemed lifesaving or if there is a
				situation threatening serious bodily harm to the inmate.
Rulemaking Authority
					 944.09,
					 945.49 FS. Law Implemented
					 945.48
					 FS.
New 4-30-91, Formerly 33-23.026, Amended
					 3-1-11.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-501 - EDUCATION › Section 33-501.101 - Academic Education Program Services (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09,
					 944.801 FS. Law Implemented
					 944.09,
					 944.801
					 FS.
New 10-31-01, Repealed
					 8-2-05.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-501 - EDUCATION › Section 33-501.302 - Copying Services for Inmates

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				institutions and facilities shall provide photographic copying services to
				inmates submitting legal documents and accompanying evidentiary materials to
				judicial or administrative forums. No provision of this section shall be
				implemented in such a way as to conflict with any administrative order,
				administrative rule, judicial rule or judicial order.
(2) Definitions.
(a) Accompanying evidentiary material: refers
				to a document, record, or other paper object attached to a judicial or agency
				form or pleading as supporting evidence.
(b) Civil proceeding: refers to any
				proceeding, except that which is referenced in paragraph (2)(c), brought in a
				judicial or administrative forum to secure a private or civil right or
				remedy.
(c) Criminal proceeding:
				refers to a proceeding brought in a judicial or administrative forum to
				challenge a felony or misdemeanor conviction or sentence, a probation
				revocation, a parole or conditional release date established by the Florida
				Commission on Offender Review, or revocation of parole or conditional release.
				It also includes a proceeding brought to obtain executive clemency.
(d) Judicial or administrative forum: refers
				to a municipal, county, state, or federal court, a governmental agency, the
				Florida Division of Administrative Hearings, or any other body or organization
				that is authorized by law, court order, or agency action to adjudicate a
				party's legal rights.
(e) Law
				library supervisor: refers to a library program specialist, librarian
				specialist, library technical assistant, and, whenever these positions are
				vacant, any other employee that the warden or designee appoints to oversee
				operation of the institution's law library program.
(f) Legal or administrative action: refers to
				an action brought before a municipal, county, state, or federal court, or an
				action brought before a governmental body to obtain or challenge a ruling,
				order, or decision of the governmental body. It also includes an action filed
				in the Division of Administrative Hearings or any other forum that is
				authorized by law, court order, or agency action to adjudicate a party's legal
				rights.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-501 - EDUCATION › Section 33-501.401 - Admissible Reading Material

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				rule applies to all publications addressed to a specific inmate or found in the
				personal property of an inmate.
(2)
				Definitions.
(a) Binding - the mechanism by
				which a publication is held together.
(b) Hardcover - a rigid, pressboard or
				cardboard cover, also referred to as hardback.
(c) Impoundment - an action taken by
				authorized Department staff to withhold an inmate's incoming publication or a
				publication found in an inmate's personal property pending review of its
				admissibility by the Literature Review Committee (LRC).
(d) Inmate grievance appeal - the process
				described in Chapter 33-103, F.A.C., whereby an inmate can request the review
				of a decision to reject or impound a publication.
(e) Mail order distributors and bookstores -
				businesses that offer publications to the public for sale or by gratuitous
				distribution.
(f) Non-print media -
				any publication that is published in a format other than on paper.
(g) Periodical - any publication issued under
				the same title and published at regular intervals of more than once a
				year.
(h) Print media - any
				publication that is printed or written on paper.
(i) Publication - any book, periodical,
				journal, diary, calendar, brochure, or any other printed material offered to
				the public by sale or by gratuitous distribution. Personal correspondence and
				photographs are not publications. The receipt of personal correspondence and
				photographs by inmates is governed by Rule
				 33-210.101, F.A.C.
(j) Publisher - a corporation, a governmental
				agency, a private or public educational institution, a church or other
				religious organization, or a professional, business or fraternal organization
				or association that makes publications available to the public.
(k) Rejection - an act or procedure whereby a
				publication is determined to be contraband.
(l) Secretary - the Secretary of the
				Department of Corrections.
(m)
				Security Threat Group - a formal or informal group consisting of three or more
				individuals who have a common name or common identifying signs, colors, or
				symbols; members or associates who individually or collectively engage in or
				have engaged in a pattern of gang activity, criminal activity, or Department
				rule violations; or the potential to act in concert to pose a threat or
				potential threat to the public, staff, visitors, other inmates, or the secure
				and orderly operation of an institution, Department activity, or Department
				function.
(n) Softcover - a
				flexible cover, also referred to as paperback.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-502 - APPLIED TECHNOLOGY AND DISTANCE EDUCATION › Section 33-502.101 - Inmate Access to Weight Training Equipment

Current through Reg. 50, No. 138; July 16, 2024
(1) Any inmate who wishes to utilize
				institutional weight training equipment shall be required to complete the
				weight training orientation program which outlines safety techniques for weight
				training and encourages inmates who have questions to direct them to
				professional wellness-education staff at the institution. After completing the
				training program, the inmate will be required to pass the written
				weight-training competency exam which demonstrates that the inmate understands
				safety techniques and responsible behaviors related to weight
				training.
(2) Any inmate who has
				been found guilty of a disciplinary infraction within the previous 120 days or
				has received an unsatisfactory work rating within the previous 120 days shall
				not be eligible to use weight training equipment. Institutional classification
				staff shall compile a list each week of all inmates who have received
				disciplinary reports or who have received unsatisfactory work ratings. This
				list shall be provided to wellness program staff who shall utilize it to
				determine which inmates are eligible to utilize weight training equipment in
				the wellness activity area. Ineligible inmates who are found using weight
				equipment will be subject to disciplinary action in accordance with the Rules
				 33-601.301 -.314,
				F.A.C.
Specific Authority
					 944.282 FS. Law Implemented
					 944.282
					 FS.
New 7-6-97, Formerly 33-3.025,
					 33-506.301.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-503 - CHAPLAINCY SERVICES › Section 33-503.001 - Chaplaincy Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Organization and
				Functions.
(a) The Chaplaincy Services Section
				is responsible for:
1. Developing and
				evaluating religious programs throughout the Department,
2. Coordinating all religious activities
				within the Department,
3. Providing
				general assistance and guidance to chaplains, and
4. Representing the Department, with the
				approval of the Secretary, on all religious matters.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-503 - CHAPLAINCY SERVICES › Section 33-503.002 - Marriage of an Inmate While Incarcerated

Current through Reg. 50, No. 138; July 16, 2024
(1) Procedure for Requesting Permission to
				Marry. Requests to marry while incarcerated must be submitted to the warden in
				writing by both parties. The written requests must include:
(a) Statement of desire to marry from both
				parties.
(b) A statement of
				approval from the parents or guardian of all parties under eighteen (18) years
				of age.
(c) A statement from a
				chaplain or other staff member as designated by the chaplain indicating that
				the inmate and the proposed spouse have received information concerning the
				parameters of marriage in the institutional setting.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-504 - COMMUNITY BASED PROGRAMS › Section 33-504.101 - Probation and Restitution Centers

Current through Reg. 50, No. 138; July 16, 2024
(1)
				General. Probation and restitution centers (PRCs) are community-based
				facilities that offer residential and non-residential services to offenders
				within a structured environment to assist the offenders with the development of
				skills needed to comply with conditions of supervision and to achieve
				successful transition and re-entry into the community.
(2) Referral and Placement. Offenders are
				assigned to PRCs in the following ways:
(a)
				Court ordered or releasing authority ordered residential placement or
				non-residential participation in specific programs at the PRC as a condition of
				supervision. Offenders are referred to the PRC by the Correctional Probation
				Officer in a violation of probation report or pre-sentence investigation as a
				sentencing option or as a possible alternative to a recommendation of
				imprisonment when it is determined that a more structured supervision,
				programming and control is needed.
(b) Referral by Department of Corrections
				staff for inmates who are being released from Department custody without
				supervision to follow and who have the need for additional transitional
				services to aid in community re-entry. The released inmate's participation is
				voluntary.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-504 - COMMUNITY BASED PROGRAMS › Section 33-504.301 - Community Corrections Partnership - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Plan - means the written proposal
				submitted by the public safety coordinating council to the Department of
				Corrections as provided in Section
				 951.26(3)(b),
				F.S.
(2) County work camp plan -
				means the written proposal submitted by the county commission pursuant to the
				provisions of Section
				 951.23(4),
				F.S.
(3) Evaluation committee -
				means the group of department staff established for the purpose of reviewing
				plans submitted by the public safety coordinating councils.
(4) Public safety coordinating council, also
				referred to as the council for the purposes of this chapter - means the council
				formed in each county pursuant to Section
				 951.26, F.S., for the purpose of
				formulating recommendations to ensure that the authorized capacities of county
				detention or correctional facilities are not exceeded.
(5) Non-secure drug treatment facility -
				means a facility operated by a private provider and which is licensed by the
				State of Florida to provide drug treatment services. The facility shall provide
				a combination of drug treatment, job placement and other related services which
				shall be fully described in the contract executed between the department and
				the provider.
(6) Secure drug
				treatment facility - means a facility operated by a private provider and which
				is licensed by the State of Florida to provide drug treatment services as
				described by contract provisions between the department and the
				provider.
Specific Authority
					 948.51 FS. Law Implemented
					 944.026,
					 948.51,
					 950.002
					 FS.
New 9-22-92, Amended 6-6-93, Formerly
					 33-35.001.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-504 - COMMUNITY BASED PROGRAMS › Section 33-504.302 - Community Corrections Partnership - Plan Approval Process

Current through Reg. 50, No. 138; July 16, 2024
(1) There is established within the
				Department of Corrections an evaluation committee for the purpose of reviewing
				plans submitted by public safety coordinating councils to determine compliance
				with the provisions of Section
				 948.51(2), F.S.
				The committee shall consist of the Assistant Secretary for Programs, the
				Assistant Secretary for the Office of Management and Budget, the Director of
				Probation and Parole Services, and the Director of Research and Planning, or
				their designees. The Deputy Secretary for the Department of Corrections shall
				serve as chairman of the committee.
(2) The evaluation committee shall be
				responsible for providing recommendations to the Secretary of the Department of
				Corrections for the award of community corrections contracts and funds as
				provided in the general appropriations act and as authorized by Section
				 948.51(4),
				F.S.. These recommendations shall be based on the criteria set forth in (3)
				below.
(3) The evaluation committee
				shall include in its review, consideration of the following:
(a) The comprehensive nature of the plan
				submitted. Priority shall be given to the plan which utilizes the major
				components contained in Sections
				 948.51(1) and
				(2), F.S.
(b) The extent to which the plan utilizes the
				existing statutory criminal sanctions or programs pursuant to Sections
				 948.001(1)-(4) 
				FS, including probation and restitution centers, non-secure drug treatment
				facilities, secure drug treatment facilities, and county work camps if the
				county work camp is a part of the submitted plan and is being pursued by the
				county commission of the county.
(c) The information submitted which
				demonstrates agreement with the plan between necessary criminal justice
				entities of state and local government. The information submitted shall
				include, at a minimum, written indications by the state attorney, the public
				defender, the chief correctional officer of the county, the circuit judges, the
				county judges, and other such persons as the public safety coordinating council
				considers relevant, that all parties are in agreement as to the specifics of
				the plan and that the appropriate populations identified by law and in the plan
				will be placed accordingly.
(d)
				Conformance with Section
				 948.51(2),
				F.S.
(e) The fiscal year for which
				the public safety coordinating council is applying for
				funding.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-504 - COMMUNITY BASED PROGRAMS › Section 33-504.303 - Community Corrections Partnership - Contract Compliance and Funding

Current through Reg. 50, No. 138; July 16, 2024
(1) The evaluation committee shall be
				responsible for reviewing existing contracts to ensure substantial compliance
				with the plan or the standards established in Section
				 948.51(2), F.S.
				The evaluation committee shall report any non-compliance to the secretary, who
				shall determine whether to invoke the procedures of Section
				 948.51(7),
				F.S., to correct any deficiencies.
(2) Pursuant to Section
				 948.51(7),
				F.S., if the secretary determines that a contracting county is not
				substantially complying with its plan or the standards in Section
				 948.51(2),
				F.S., the secretary shall provide written notice to the public safety
				coordinating council that compliance has not been met. The council shall,
				within 30 days of receipt of the written notice, submit to the secretary a
				written proposal as to how deficiencies will be corrected. If within 45 days
				agreement is not reached between the secretary and the council or if
				deficiencies are not corrected within 45 days after the proposal has been
				agreed to by the secretary, the secretary shall suspend the funding until
				compliance is achieved.
Rulemaking Authority
					 948.51 FS. Law Implemented
					 948.51(7),
					 950.002(10)
					 FS.
New 9-22-92, Amended 6-6-93, Formerly
					 33-35.003.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-504 - COMMUNITY BASED PROGRAMS › Section 33-504.304 - Community Corrections Partnership - County Work Camps

Current through Reg. 50, No. 138; July 16, 2024
(1) The evaluation committee shall review
				county proposals to establish county work camps in accordance with the
				provisions of Section
				 950.002, F.S. In its review, the
				evaluation committee shall examine the following:
(a) The agreement between the request for
				funding of a county work camp and the public safety coordinating council plan,
				if any;
(b) Evidence that the
				appropriate population described in Section
				 950.002(5),
				F.S., shall be placed in the work camp;
(c) The status of the county determination
				for the site of the proposed facility including the status of any zoning or
				other potential barriers to the prompt construction of the facility;
(d) Review of the county work camp plan as it
				relates to the provisions of Section
				 950.002(3),
				F.S., regarding work camp programs.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-507 - SUBSTANCE ABUSE PROGRAM SERVICES › Section 33-507.001 - Substance Abuse Program Services - General Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) The department shall provide substance
				abuse program services at institutions and facilities to the extent that is
				permitted by available resources.
(2) Effective July 1, 2000, inmates who meet
				criteria established by the department shall be mandated to participate in
				substance abuse program services when such services are available.
(3) No right to substance abuse program
				services is stated, intended, or otherwise implied by this
				chapter.
Rulemaking Authority
					 397.754,
					 944.09 FS. Law Implemented
					 397.754,
					 944.09,
					 944.473
					 FS.
New 1-18-95, Formerly 33-37.001, Amended
					 6-15-00.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-507 - SUBSTANCE ABUSE PROGRAM SERVICES › Section 33-507.002 - Operation of Substance Abuse Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Operation of Substance Abuse Programs.
(a) Inmate substance abuse programs shall be
				operated under the direction of the program manager within whose program center
				the program exists.
(b) In order to
				ensure the provision of quality services, the bureau of substance abuse program
				services shall have responsibility for administering the overall program, for
				the development and issuance of performance standards for each program entity
				with regard to program operation, staffing ratio, hours of service delivery,
				and other such areas as deemed necessary for the administration of the
				programs, and for oversight review.
(c) Each program manger shall provide for
				periodic monitoring activities for programs at institutions and facilities in
				his or her program center to ensure that performance standards and contact
				compliance are maintained.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-507 - SUBSTANCE ABUSE PROGRAM SERVICES › Section 33-507.201 - Substance Abuse Program Services - Determination of Need

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon arrival at a Department of
				Corrections' reception center for initial processing, each inmate shall be
				screened and assessed to determine if the inmate meets the department's
				criteria for mandated substance abuse program participation.
(2) Criteria for mandated substance abuse
				program services shall be based upon:
(a) The
				presence of a diagnosed psychoactive substance dependence or use
				disorder;
(b) The severity of the
				addiction;
(c) A history of
				criminal behavior related to substance abuse;
(d) A sentencing authority recommendation for
				substance abuse program services;
(e) Unsuccessful participation in
				community-based substance abuse services;
(f) Sentencing by a Drug Court or Drug
				Division;
(g) Other classification
				or program criteria as determined by the department to ensure security and
				optimal program placement.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-507 - SUBSTANCE ABUSE PROGRAM SERVICES › Section 33-507.202 - Substance Abuse Program Services Program - Inmate Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Consideration for individual dignity
				shall be accorded to inmates in the provision of substance abuse program
				services. No employee of the department or of any agency or individual under
				contract with the department to provide substance abuse program services shall
				use or authorize deliberate acts of humiliation as part of any substance abuse
				program.
(2) Substance abuse
				program services shall be designed to suit each inmate's individual
				needs.
(3) Inmates who are assigned
				to a substance abuse services program shall have an individualized services
				plan developed by the individual designated as their primary counselor by the
				department or the contract services provider which shall include services goals
				and shall specify the types of activities necessary to meet those
				goals.
(4) Inmate participants in
				substance abuse services programs shall be subject to the same communication
				restrictions that apply to inmates in the general population at the institution
				or facility. Any additional limitations imposed as a part of the substance
				abuse program shall be agreed to in writing by the inmate
				participant.
(5) Within one month
				prior to final release from the facility, inmates participating in substance
				abuse programs shall be provided with information by their primary counselor or
				transitional assistance officer regarding options for continuing substance
				abuse services in the community and with referrals for such services if
				requested.
Rulemaking Authority
					 397.754,
					 944.09 FS. Law Implemented
					 397.754,
					 944.09,
					 944.473
					 FS.
New 1-18-95, Formerly 33-37.004, Amended
					 6-15-00.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-507 - SUBSTANCE ABUSE PROGRAM SERVICES › Section 33-507.401 - Confidentiality of Substance Abuse Program Services

Current through Reg. 50, No. 138; July 16, 2024
Files of the department which pertain to the identity,
				  diagnosis, and prognosis of substance abuse program services to any inmate are
				  confidential in accordance with the provisions of Section
				   397.754(8),
				  F.S., and 42 USCS 290, dd-2, and shall be disclosed only in accordance with
				  these provisions.
Rulemaking Authority
					 397.754,
					 944.09 FS. Law Implemented
					 397.501(7),
					 397.752,
					 397.754(8) FS.,
					 42 USC
					 290
					 dd-2.
New 1-18-95, Formerly 33-37.005, Amended
					 6-15-00.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.100 - Inmate Orientation

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon initial
				arrival in the Department of Corrections, each inmate shall be provided with
				orientation at which time the rules and procedures of the Department of
				Corrections shall be explained. Upon transfer within the Department, each
				inmate shall be provided with orientation that is specific to the local
				institution. The warden shall review and approve the contents of the
				orientation to ensure that the security of the institution is not compromised.
				The reception centers shall provide a more in-depth orientation of overall
				department rules, including a general overview of Rules
				 33-601.301 -.314, F.A.C., Inmate
				Discipline, while the receiving institutions which serve as the inmates'
				permanent locations shall emphasize the local operating procedures in their
				orientation. Copies of the rules and procedures shall be available to inmates
				upon request to read or review (not for retention). Inmates will be informed
				how to access the rules and procedures, and that translations or translation
				assistance will be provided as needed.
(2) Inmates shall respond to staff and
				official visitors in a respectful manner. Inmates shall address uniformed staff
				by rank and last name and non-uniformed staff and official visitors by Mr./Ms.
				or title and last name.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 1-19-03, Amended 9-6-04, 10-19-05,
					 2-12-15.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.101 - Incentive Gain Time

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) Pending Delivery Status - where used
				herein, refers to the status of a prisoner who has been sentenced to a state
				penitentiary but is currently housed at a county or municipal facility while
				waiting for the sheriff or chief correctional officer to relinquish physical
				custody to the Department. Prisoners who are "Pending Delivery" have not been
				physically delivered to a reception center and received into the custody of the
				Department. "Pending Delivery" also applies when the Department has received a
				prisoner's paperwork but has not yet received physical custody of the prisoner.
				Prisoners with a "Pending Delivery" status are ineligible to receive incentive
				gain time (excluding prisoners in the physical custody of another agency while
				actively serving a Florida sentence in accordance with the Interstate
				Corrections Compact or designated pursuant to Section
				 921.16(2),
				F.S.)
(b) Out-To-Court Status -
				where used herein, refers to the status of a state prisoner whose presence is
				required in court for any reason. To be categorized as "Out-To-Court, " a
				prisoner's physical presence and custody must have first been transported by
				the sheriff or chief correctional officer to the Department for post-sentence
				intake processing at a reception center. If a prisoner is needed in court after
				the prisoner is in physical custody of the Department, the court shall issue an
				order for the sheriff or chief correctional officer to assume temporary custody
				and transport the prisoner to the county jail pending the court appearance.
				Gain time awards for inmates in an "Out-To-Court" status shall be in accordance
				with this rule. The receipt of the prisoner's paperwork without the prisoner
				having been received into the Department's physical custody does not qualify as
				"Out-To-Court."
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.102 - Meritorious Gain Time

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligibility. An
				inmate who is otherwise eligible for meritorious gain time may be recommended
				by the warden for up to 60 days gain time when he has performed an outstanding
				deed such as:
(a) The saving of a life, the
				protection of an employee from assault or injury or the recapture of an escaped
				inmate; or
(b) Providing
				information to the administration that assists in preventing an escape,
				preventing introduction of contraband, or the seizure of contraband already in
				the facility, or other serious planned violations.
(c) Assisting law enforcement agencies by
				providing relevant information for investigations or participating in requested
				activities that may result in arrest or prosecution, when recommended by the
				state attorney or law enforcement agency and when such would be in accordance
				with the rehabilitative interests of the inmate.