Florida Administrative Code

The rules of the Department of Corrections shall be applicable to all basic training program inmates and employees, except as modified by this chapter. Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 20.315, 944.09, 958.045 FS. History-New 2-26-89, Formerly 33-27…

(1) Alternative Training - Authorized physical activities which are imposed by basic training program staff following an inmate's misconduct. Alternative training is intended to correct inmate behavior by imposing minor sanctions as set forth in Rule 33-601.241, F.A.C. (2) Basic …

(1) In order to participate in the program, a youthful offender as defined by Chapter 958, F.S., shall meet the following criteria: (a) Was sentenced or classified as a youthful offender; (b) If designated by the department as a youthful offender, must be eligible for control rel…

Orientation will begin upon the inmate's arrival at the basic training program. Orientation shall include: (1) Inmate identification by photograph, name, and DC number; (2) Initial reception and introduction to the basic training program, will include an explanation of the shock …

(1) The basic training program will be inclusive of the phases listed below: (a) Phase I - Will consist of an intensified military regimen for a minimum of 60 days of active participation. (b) Phase II - Will consist of educational programming and personal development training pr…

Inmates in the basic training program shall have privileges normally afforded the general inmate population modified as set forth below: (1) Personal Property. No personal property is permitted in the program. (2) Canteen Privileges. Inmates in the basic training program shall be…

(1) Hair. (a) Male basic training program inmates will receive a military style haircut upon arrival in the program. Inmates will subsequently receive haircuts every two weeks for the duration of the program. (b) Female basic training program inmates will be provided hair bands o…

(1) Basic training program inmates shall not enter the rooms of other inmates. (2) Upon rising, inmates will make their beds in the military manner prescribed by staff and the beds will remain in this condition unless occupied. (3) No food, beverages, or other items from the dini…

(1) Basic training program inmates shall not talk to general population inmates, except as required for program participation. (2) Basic training program inmates shall not swear or use profanity. (3) Military courtesy and procedures as instructed by basic training program staff s…

(1) Alternative Training. (a) Any staff member of the basic training program, with the approval of the supervisor, has the authority to implement any of the following alternative training measures to individual inmates or groups of inmates assigned to the basic training program: …

(1) An inmate can be removed from the basic training program for health reasons, classification reassignment in accordance with Chapter 33-601, F.A.C., modification or expiration of sentence or when such removal is in the best interest of the inmate or the security of the institu…

(1) Employees selected to participate in the basic training program are expected to maintain high personal standards in regard to appearance, physical conditioning and mental alertness. Since inmates assigned to the basic training program will tend to identify with staff as role …

(1) Definitions. (a) Incentivized Prison Program - refers to a voluntary prison program located at a Department institution or dorm for inmates who meet a strict admission criteria based on their demonstrated positive behavior while incarcerated. Enhanced opportunities will exist…

(1) Definitions. (a) Administrative Management Unit (AMU) - where used herein, refers to a general population housing status where an inmate is placed in a highly structured environment to promote the safety and security of inmates, staff, and the public, or the security and good…

(1) Inmate behavior that is not in compliance with department rules shall be corrected through the disciplinary process, which includes informal disciplinary intervention. (2) Informal disciplinary intervention consists of group and individual counseling in lieu of formal discipl…

The following terms, as defined, shall be standard usage throughout the Department: (1) Classification Officer - As used herein, refers to any classification officer position, including senior classification officer and classification supervisor. (2) Contact Card - Refers to Form…

(1) When any employee or person supervising inmates witnesses an act or has reason to believe that an act has been committed by an inmate which is in violation of the rules or procedures of the Department and that employee determines that the infraction can be properly disposed o…

(1) Only one violation shall be included in each disciplinary report. Separate disciplinary reports shall be used for multiple offenses. (2) The statement of facts shall include: (a) A description of the violation, including date, time and place; (b) The specific rules violated; …

The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following: (1) Interviewing the charging staff member. (2) Interviewing the charged inmate. Whe…

The investigator shall interview the informant and obtain a statement of the incident in question. This information shall be recorded by the investigator in the disciplinary investigative report. The investigator shall also document whether the informant has direct or indirect kn…

(1) A person shall not serve as the hearing officer or as a member of the disciplinary team, or participate in the deliberations when they are: (a) A witness or the person who wrote the charge; (b) The investigating officer; (c) The person charged with review of the results of th…

(1)(a) No hearing shall commence prior to 24 hours following the delivery of the charges except when the inmate's release date does not allow time for such notice or the inmate waives the 24 hour period. In such cases, an explanation shall be provided in the basis of findings sec…

(1) The disciplinary team or hearing officer's findings shall enumerate the specific facts derived from the disciplinary report, the disciplinary investigative report or the witness statements and what specific evidence was used in the disciplinary team's or hearing officer's con…

(1) The chief correctional officer at a work release center, or the senior staff person at a contract facility shall review the disciplinary action and recommend approval, modification or disapproval to the warden. (2) The warden acts as the final reviewing and approving authorit…

(1) If an error is discovered at any time after an inmate has been found guilty of a disciplinary infraction, the warden, the facility administrator of a private facility, or the deputy director of institutions (classification) or designee is authorized to cause a rehearing to ta…

(1) Interstate Compact Cases. Inmates confined in this Department on interstate transfer are to be disciplined in the same fashion as anyone sentenced within the State of Florida. Following the review process, a copy of all disciplinary reports on interstate corrections compact c…

(1) Disciplinary hearings through telephone or video communication are authorized in the event an inmate has been transferred to another facility and a disciplinary hearing is pending. (2) The conduct of the Disciplinary Hearing shall conform to all provisions of Rule 33-601.307,…

(1) The following forms used in implementing the provisions of this chapter are hereby incorporated by reference: (a) DC6-112E, Disciplinary Hearing Worksheet, effective 3-22-05. (b) DC6-112A, Disciplinary Investigative Report, effective 5-21-00. (c) DC6-256, Housing Officers Con…

Sections 1 through 10 below show the maximum penalties allowed for the listed offenses. Staff should take into account the individual facts of each violation and impose a penalty that is proportionate to the conduct. Section 11 shows the penalties that will be imposed for the lis…

(1) Definitions. As used in this chapter: (a) "Transfer" means transfer under the Interstate Corrections Compact authorized by Sections 941.56 and 941.57, F.S. (b) "Administrator" means the Interstate Corrections Compact Administrator in the Office of Institutions. (c) "Sending s…

Rulemaking Authority 20.315 FS. Law Implemented 20.315, 944.293 FS. History-New 10-8-76, Formerly 33-7.05, Amended 1-26-86, 11-4-92, 11-16-97, Formerly 33-7.005, Repealed 8-8-10.

(1) The Secretary shall authorize the payment of a discharge gratuity to inmates discharged from the custody of the Department of Corrections. A discharge gratuity in the amount of $50.00 shall be provided to any inmate released on parole, expiration of sentence, pardon or perman…

(1) Payments authorized by Sections 944.611 and 944.613, F.S., for the transportation of discharged inmates shall be made under the provisions of these sections. (2) Every inmate released on parole, expiration of sentence, pardon, supervised community release, provisional release…

(1) All inmates being released from the Department of Corrections are eligible to participate in the transition skills program except for those inmates meeting the criteria for exemption in paragraph (3)(b), below. (2) The Department shall administer a Department-approved risk an…

(1) The regional directors are the Secretary's designees for the purpose of approving or disapproving the temporary transfer of custody of any inmate housed within their respective regions, including those housed in private facilities, to attend a funeral or have a deathbed visit…

(1) Definitions. (a) Cell Phone - refers to a wireless communication device used to communicate with individuals via air signals and assigned a telephone number with area code. (b) Center Work Assignment (CWA) - The portion of the community release program for inmates that allows…

(1) Purpose. This rule sets forth guidelines for the utilization of type A and B furloughs. (2) Definitions. (a) Furlough - The program that allows inmates to visit in the community for specified purposes and under certain conditions. (b) Correctional Officer Major - The chief co…

(1) When an inmate is released in error prior to satisfaction of the sentence, the facts surrounding the release will be collected by the Bureau of Admission and Release and provided to the Bureau of Classification Management. (2) A preliminary determination will be made as to wh…

(1) Definitions. (a) Approving Authority refers to the Secretary of the Florida Department of Corrections or his or her designee, who will be the warden or assistant warden who has operational responsibility for a specific work release center. (b) Commercial Motor Vehicle refers …

Rulemaking Authority 945.091 FS. Law Implemented 945.091 FS. History-New 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04. 11-25-04, 4-13-06, 10-8-07, Repealed 3-2-11.

(1) An attorney may visit an inmate whom he represents if the inmate wishes to confer with the attorney and the attorney presents sufficient identification and evidence of his status as an attorney. (2) An agent of an attorney (a law student, law clerk, paralegal, legal assistant…

(4) Consulate documents will not be exchanged between the consulate officer and the inmate unless the consulate officer notifies the officer in charge that the exchange of consulate documents is necessary and allows a cursory inspection of the consulate documents. The officer in …

(1) An attorney may bring and use a camera to photograph his inmate client if he certifies in writing that the physical condition of the inmate client is relevant to a pending or prospective lawsuit, judicial or quasi-judicial proceeding, or administrative proceeding involving an…

For purposes of Rules 33-601.713 through 33-601.737, F.A.C., the words and phrases noted below are defined as follows: (1) "Actual Possession" refers to physical occupancy or control over property. (2) "Approved Visitor" refers to a person who is approved by the assigned institut…

(1) Inmate visiting is a privilege, not a guaranteed right of either the inmate or the visitor. Inmates are not assigned to specific institutions solely for the convenience of visiting privileges. (2) All visitors are subject to Department rules, procedures, technical instruction…

(1) During the reception process, classification staff shall develop and maintain a computerized list of the inmate's family members as defined in Rule 33-601.713, F.S., for placement on the automated visiting record. Placement of a name on the automated visiting record in and of…

(1) The Bureau of Classification and Central Records will develop and maintain automated visiting records. (2) Department staff will document all requests for visits, decisions made with regard to visiting, and pertinent comments on the automated visiting record. (3) An inmate ma…