Fla. Admin. Code R. 33-602.101

Current through Reg. 50, No. 222; November 13, 2024

Section 33-602.101 - Care of Inmates

(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.

2. The female Class A uniform shall require the following:

a. Either,

i. State issued outer shirt, T-shirt under outer shirt (permissible but not required to be worn underneath buttoned state issued outer shirt), state issued pants, and state issued web belt (except for state issued pants with elastic waistband not requiring a belt), or

ii. Pregnant inmates may wear maternity dresses.

b. Bra or athletic bra,

c. Panties,

d. Socks,

e. 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.

3. The Class B uniform shall be the same as the Class A uniform with the following modifications:

a. State issued outer shirt is not required,

b. Footwear (includes authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

4. The Class C uniform shall require the following:

a. T-shirt,

b. Pants or authorized athletic shorts,

c. Under shorts (for male inmates) or panties and bra or athletic bra (for female inmates),

d. Socks,

e. Foot wear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

5. The following items are authorized to be worn with the Class A, B, or C uniforms when weather conditions dictate:

a. Sweatshirt under the state issued outer shirt,

b. Jacket, raincoat, or poncho,

c. Thermal underwear (except under authorized athletic shorts), or

d. Either a state issued hat or hat available from the canteen may be worn when outdoors.

(b) General Clothing Regulations: The following general clothing regulations will not supersede the clothing or uniform requirements or allowances for inmates in Maximum Management, Close Management, Disciplinary Confinement, Administrative Confinement, Work Release or Community Release inmates contained in other rules. Work release inmates shall wear civilian clothing as required by Rule 33-601.602, F.A.C.

1. The Class A uniform for males and females shall be worn as follows:

a. Monday through Friday while the inmate is on duty and up to two hours prior to the inmate beginning a work or program assignment as deemed necessary by the Warden based on the size of the institution, the characteristics of the inmate population including age and custody level, and the need to ensure that the inmate is prepared to report to his work or program assignment on time,

b. While on work detail, except as work supervisors authorize as needed for a particular work detail in subparagraph (2)(b)10.,

c. When at the library,

d. When at medical,

e. When at food service,

f. All call-outs,

g. For special programs,

h. For visitation; and,

i. During dormitory inspections by the warden or duty warden,

j. During official visits and/or tours; and,

k. At any other time when a class B or C uniform or other clothing is not specifically allowed by this or other rule.

2. The class B uniform for males and females may be worn as follows:

a. Off-duty hours,

b. While in the dormitory off-duty,

c. While participating in authorized recreational activities,

d. While on the recreational field,

e. To and from the recreational field.

3. The class C uniform for males and females may be worn as follows:

a. While in the dormitory off-duty,

b. While participating in authorized recreational activities,

c. While on the recreation yard and movement to and from the recreation yard; and,

d. Inmates shall be allowed to wear athletic shorts to the inmate canteen only in those cases where inmates are allowed to go to the inmate canteen directly from the recreation yard.

4. All items of clothing shall be worn as issued and designed to be worn and shall not be altered or defaced in any manner, except for a small (less than 1/2") DC number patch for identification.

5. Shirts shall be buttoned at all times, except for the collar, which is optional. Shirts shall be tucked into the inmate's pants at all times. Pregnant inmates are not required to tuck in their shirts where doing so would be impracticable or impossible. Dresses must be fully buttoned.

6. Inmates shall wear either shorts or pants any time inmates are not in their beds, except that females may wear pajamas with a robe fully buttoned. Pants shall be completely buttoned before exiting the dormitory. The waist of pants and shorts shall be worn above the buttocks, around the natural waist.

7. Male inmates shall wear, at minimum, underwear while sleeping. Female inmates shall wear, at minimum, either pajamas or shorts and a t-shirt while sleeping.

8. Inmates shall wear shoes when they are outside their cells unless they are going to or from the showers. Shower slides shall not be worn outside an inmate's dormitory except as medically approved.

9. No hats shall be worn inside, except as stated for religious reasons, and shall be removed from the head when passing through any gate area. Skull caps of any kind are prohibited.

10. The departmental supervisor is authorized to specify that certain type clothing be issued as conditions dictate. For safety purposes, work supervisors are authorized to allow modifications to the inmate Class A uniform to perform a specific task; when the task is completed, inmates must return to proper Class A uniforms.

(c) Each inmate shall be issued sufficient clothing, including outer clothing, underwear, socks, and shoes. In addition, inmates shall be furnished sufficient clothing during cold weather to ensure adequate warmth. Each inmate shall be required to make a change of outer clothing at least twice a week. Inmates shall not possess individual items of clothing in excess of the possession limits outlined in Rule 33-602.201, F.A.C., Appendix One.

(d) Inmates shall be responsible for all clothing issued to them. Inmates shall be authorized to send personal clothing to the laundry if no other laundering facilities are available for their use. If personal clothing is authorized to be sent to the laundry, it must be marked with the inmate's name and prison number. The institution will not be responsible for lost, stolen, or torn personal clothing.

(e) A transferring inmate may, when transferred, take one issue of state clothing, to include a jacket when weather conditions indicate the need, and all personal clothing. Transfers to contract work release facilities, contract drug facilities, and female community correctional centers via public transportation shall be made with personal clothing. An inmate's personal clothing, for purposes of transfer or upon release, may be supplied by the inmate, the inmate's family, or from available surplus clothing.

(f) If items such as food service linens, coveralls, aprons, cooks' caps, gloves, rubber boots, raincoats, athletic uniforms, barber and butcher jackets, straw hats, and safety helmets are necessary for work, they will be issued to the department requiring them. The warden will, on recommendation and justification by the department heads, determine what items are to be purchased and issued to inmates. All items issued on a departmental basis that can be appropriately marked shall have the department name stenciled on the items. It will be the responsibility of the warden to establish a laundry schedule for these items.

(g) Civilian clothing, when available from family members or from surplus clothes closets, may be used by the inmate for court appearances, furloughs, funerals, and other circumstances, including release, as authorized by the warden. Civilian clothing is required for inmates at work release centers and shall be worn as designated by Rule 33-601.602, F.A.C.

(h) If an inmate intentionally or negligently damages, loses or destroys his or her uniform, identification card, or other state issued clothing article, blanket or linens, disciplinary action pursuant to Rules 33-601.301 -.314, F.A.C., shall be taken by the warden to obtain reimbursement from the inmate. Reimbursement will be limited to the cost of the item.

(i) Institutional clothing is the property of the State of Florida and must be returned to the Department upon an inmate's release from incarceration. Institutional clothing shall not be worn by an inmate being released from incarceration.

(j) The ID card shall be displayed on the tab designed for identification card display located on the right side of the shirt (male) or on the collar of the blouse (female). In those circumstances in which an inmate is not wearing an upper garment, the inmate is responsible for securing the ID card on his or her person. Once the special circumstance is over, the ID card shall again be displayed on his or her shirt.

(k) Once an ID card has been issued to an inmate, the inmate shall be held responsible for the proper handling of the ID card.

(3) The warden or Officer-in-Charge shall give each inmate a receipt for any personal clothing in his possession other than that allowed by the Department of Corrections. In addition, inmates shall be permitted to send such clothing to their families, residences or other persons approved by the warden or Officer-in-Charge at no expense to the Department of Corrections. Enclosed with such clothing sent from the institution shall be an itemized list thereof, a signed copy of the inmate's written request that it be sent to the addressee to whom the clothing is forwarded. A copy of such list and a signed copy of such written request shall be placed in the inmate's record jacket, along with a notation showing the date of mailing. If the inmate does not send his clothing out of the institution or gives it to the institution within 30 days after his arrival at the institution, it shall be considered forfeited and may be placed in a "clothes closet" for later use by inmates, donated to charity, or disposed of by the institution. Notice of such forfeiture shall be given to the inmate in writing by the warden or designee and a copy of such notice shall be filed in the inmate's property file. (Also see Control of Contraband, Rule 33-602.203, F.A.C.).

(4) For security and identification purposes, no inmate shall be permitted to have his or her hair, to include eyebrows and facial hair, dyed, cut, shaved or styled according to fads or extremes that would call attention to the inmate or separate inmates into groups based upon style. This would include, for example, dreadlocks, tails, woven braids, cutting, sculpting, clipping or etching numbers, letters, words, symbols or other designs into the hair. Male inmates shall have their hair cut short to medium uniform length at all times with no part of the ear or collar covered. Male inmates shall be permitted to shave their entire heads with clippers in a uniform manner unless the inmate is using his hairstyle or lack thereof to demonstrate gang affiliation or otherwise pose a threat to institutional security. Partial shaving of the head in a Mohawk or other distinctive style shall not be permitted. Sideburns shall not extend beyond the bottom of the earlobes and will have straight lines with no flare at the base. Female inmates shall be prohibited from having their hair braided or styled in any area other than the institutional beauty shop. All inmates shall elect either to be clean shaven or to grow and maintain a half-inch beard. Such a beard shall include all the hair that grows naturally on the face and front of the neck, excluding eyebrows and eyelashes. Inmates shall not display any other type, style, or arrangement of hair on the face nor front of the neck. Inmates shall not sculpt nor edge their beards. No numbers, symbols, letters, nor other designs shall appear in inmate beards. Those male inmates who desire to remain clean shaven shall be clipper shaved three times per week, and those inmates who desire to grow a half-inch beard shall have their beards trimmed three times per week with a clipper fitted with a half-inch guard. Female inmates may possess one (1) disposable state-issued razor. Notwithstanding any other provision of Chapter 33, F.A.C., upon intake at any Department reception center each inmate having hair on the face or the front of the neck shall be clean shaved once for the purpose of discovering any identifying marks, scars, tattoos, or other features.

(5) The officer in charge or a more senior official shall direct staff to shave the inmate, cut the inmate's hair, or take other necessary action to bring the inmate into compliance with the grooming standards after all efforts to verbally persuade the inmate to comply have failed and:

(a) The inmate has been found to be in violation of Department grooming standards through the formal disciplinary process (Rules 33-601.301 -.314, F.A.C.); or

(b) The inmate has been deemed by authorized medical staff to not be responsible for the non-compliance and the continuing non-compliance creates a health or welfare risk to the inmate or others.

(6) When it is necessary to use force to bring an inmate into compliance with the grooming standards, the use of force shall be documented pursuant to Rule 33-602.210, F.A.C.

(7) Fingernails shall be kept well groomed and clipped so as not to extend beyond the tips of the fingers, and no adornment of the nails shall be permitted.

(8) Inmates shall be housed, fed and worked in such a manner as to maintain control and order in the institution.

(9) All inmates shall be furnished proper medical care and medicine. Inmates with specific medical holds, lay-ins, or medical restrictions shall not be assigned any activity until approval is given by the attending physician or clinical associate. Medically prescribed food shall be provided as ordered.

(10) No inmate shall be given control or authority over other inmates.

(11) Inmates who are unable to handle or read written material due to physical impairment (this includes those who are visually impaired, paraplegic or quadriplegic, or severely affected with arthritis) and who receive assistance from the Bureau of Braille and Talking Book Library Services shall be allowed to possess a digital player from the Bureau. Any alteration of equipment provided by the Bureau shall result in confiscation of the equipment and suspension of those privileges. A tape recorder shall be available for inmate use at a location determined by the warden which allows for supervision of use and which does not unduly restrict access. Inmates shall obtain approval from the chief health officer to utilize the tape recorder in lieu of pen and paper for correspondence purposes. Any material or equipment that an inmate receives from the Bureau of Braille and Talking Book Library Services remains the Bureau's property and must be returned to the Bureau if an inmate loses the use of this material or equipment for disciplinary reasons. Impaired inmates shall be limited to possession of four digital books. An inmate who has four digital books in his possession will not be allowed to receive additional books until some are returned to the Bureau of Braille and Talking Book Library Services.

(12) Inmate health and comfort items shall be provided in accordance with the guidelines in the Inmate Health and Comfort Items - Issuance, Form NI1-071. Form NI1-071, Inmate Health and Comfort Items - Issuance, http://www.flrules.org/Gateway/reference.asp?No=Ref-09985, is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is October, 2018.

(13) Inmates are not authorized to have any body piercings. Any body piercing observed by staff - including those found during strip search - shall be removed by the inmate and disposed of in accordance with Rule 33-602.201, F.A.C.

(a) Inmates who have body piercings that cannot be removed without medical intervention shall be escorted to medical to have the piercing removed.

(b) If the piercing cannot be immediately removed by medical staff, the inmate will be placed in Administrative Confinement in accordance with Rule 33-602.220, F.A.C., pending medical review and subsequent removal of the body piercing.

Fla. Admin. Code Ann. R. 33-602.101

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 945.215 FS.

New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07, 5-13-08, 6-22-10, 5-24-11, 2-6-12, 5-27-12, 3-3-13, 10-14-13, 12-12-2013, Amended by Florida Register Volume 40, Number 200, October 14, 2014 effective 10/28/2014, Amended by Florida Register Volume 42, Number 149, August 2, 2016 effective 8/17/2016, Amended by Florida Register Volume 43, Number 129, July 5, 2017 effective 7/20/2017, Amended by Florida Register Volume 44, Number 187, September 25, 2018 effective 10/9/2018.