Fla. Admin. Code Ann. R. 33-501.401 - Admissible Reading Material
(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.
(3) Bindings.
(a) With the exception of staples, metal
bindings on publications are not permitted. Metal bindings include: paperclips,
binder clips, or other metal fasteners. Staples are not permitted in the
following types of housing units: death row, administrative and disciplinary
confinement, close management, maximum management, and mental health in-patient
housing, including transitional care units, crisis stabilization units, and
correctional mental health treatment facilities.
(b) Spiral bindings are not
permitted.
(c) If a publication is
only available with a prohibited metal or spiral binding and no alternative
exists, an inmate may receive the publication only after the metal or spiral
binding has been removed. The inmate must make the decision whether to return
the publication to the sender or to receive it after the institution has
removed the metal or spiral binding.
(d) An inmate may appeal an institution's
determination that a publication must be returned or have its metal or spiral
binding removed. In such case, the institution must not return the publication
to the sender or take any action to remove the metal or spiral binding until
the inmate's appeal is concluded or the time for appeal has passed.
(e) Documentation that an inmate agrees to
the removal of the metal or spiral binding must be obtained prior to removal of
the binding. This documentation must be filed in the inmate's property file. If
the inmate does not agree or does not provide documentation that he or she
wants to have the metal or spiral binding removed, the publication will be
returned to the publisher or sender.
(4) Covers.
(a) Covers may only be made of paper or
leather materials. Covers cannot be made of metal or contain metal.
(b) Due to security concerns, inmates at
Florida State Prison Main Unit, inmates on death row, and inmates in close
management status in any institution are not permitted to receive hardcover
publications. However, if a publication is unavailable in softcover and no
alternative exists, an inmate may receive the publication after the hardcover
has been removed. The inmate must make the decision whether to return the
publication to the sender or to receive it after the institution has removed
the hardcover.
(c) An inmate may
appeal an institution's determination that a hardcover publication must be
returned or have its hardcover removed. In such case, the institution must not
return the publication to the sender or take any action to remove the hardcover
until the inmate's appeal is concluded or the time for appeal has
passed.
(d) Documentation that an
inmate agrees to the removal of the hardcover must be obtained prior to removal
of the hardcover. This documentation must be filed in the inmate's property
file. If the inmate does not agree or does not provide documentation that he or
she wants to have the hardcover removed, the publication will be returned to
the publisher or sender.
(5) Product Samples.
(a) Whenever an otherwise admissible
publication sent to an inmate includes product samples or advertising with
product samples attached, the inmate must mail the entire publication out of
the institution or the product samples must be removed before the publication
will be given to the inmate.
(b)
Any inmate who objects to the removal of product samples from his or her
publication may submit a written request to the warden on Form DC6-236, Inmate
Request, asking that product samples not be removed. Thereafter, any
publication sent to the requestor that contains product samples must be held by
the institution for 30 days or for 30 days following an unsuccessful grievance
appeal. Form DC6-236 is incorporated by reference in Rule
33-103.005,
F.A.C.
(c) If an inmate chooses to
have a publication containing product samples mailed out of the institution, it
is the inmate's responsibility to arrange for the mailing at the inmate's
expense. Any publication not mailed out within 30 days of receipt or within 30
days following an unsuccessful grievance appeal will be destroyed.
(6) Publications must be sent
directly from a publisher, mail order distributor, or bookstore to an inmate
unless otherwise authorized by the warden. Any publication received without a
return address identifying the sender will not be given to the
inmate.
(7) Publications sent to an
inmate must be sent through the United States Postal Service. Any publication
received from another source will be returned to the sender if known.
(8) The address of all incoming publications
must contain the inmate's committed name, Department identification number, and
institutional address. Any publication received without this information will
be returned to the sender if known.
(9) No packaging materials other than
standard envelopes will be given to an inmate. The following types of packaging
materials must be removed by Department staff before providing any contents to
an inmate: boxes, padded envelopes, envelopes that include metal parts,
multilayer packaging, bubble wrap, packing peanuts, or other forms of packaging
other than standard envelopes.
(10)
Inmates are prohibited from posting or otherwise displaying any pictures from
or portions of any publication. Such activity will subject the inmate to
disciplinary action and the posted or displayed material will be confiscated as
contraband.
(11) Ordering,
Receiving, and Possessing Publications.
(a)
Except as otherwise provided in Rule
33-601.800,
F.A.C., an inmate may subscribe to, purchase, or receive no more than one
periodical that is printed and distributed more frequently than weekly and four
other periodicals that are printed and distributed weekly or less frequently
than weekly. Religious publications as defined in Rule
33-503.001,
F.A.C., will not be counted against these limits.
(b) Except as otherwise provided in Rule
33-601.800,
F.A.C., an inmate may possess no more than two single issues of a periodical
that is printed and distributed more frequently than weekly and eight single
issues of a periodical that is printed and distributed weekly or less
frequently than weekly.
(c) Inmates
are not permitted to receive or possess more than one copy of any volume,
issue, or edition of any publication. For example, an inmate is permitted to
keep the January and February 1994 issues of the same magazine, but is not
permitted to keep two copies of the January 1994 issue.
(d) Inmates are permitted to order single
issues of periodicals from publishers, mail-order distributors, and bookstores
in lieu of purchasing a subscription. However, the possession limits referenced
in this subsection will apply.
(e)
An inmate subscribes to or purchases periodicals and other publications at his
or her own risk and expense. An inmate will not be reimbursed by the Department
for any publication that is rejected or for any expense associated with mailing
rejected items to an authorized person or entity.
(f) An inmate who subscribes to a periodical
must notify mailroom staff on Form DC6-236, Inmate Request, if he or she wants
to discontinue receiving the periodical. Requests to discontinue receipt of a
periodical title will not be approved more often than once every 90 days unless
the inmate presents evidence that the subscription has expired and will not be
renewed.
(g) Except as otherwise
provided in Rule
33-601.800,
F.A.C., an inmate may possess no more than four personal books. Religious
publications as defined in Rule
33-503.001,
F.A.C., correspondence study materials, and law books not available in the
institution's law library collection will not be counted against this
limit.
(h) Inmates may only receive
and possess print media publications. Incoming publications published on
non-print media or print media publications that include non-print media that
are an integral part of the publication will be rejected and returned to the
sender along with an explanation as to why the material is being rejected.
However, unsolicited promotional computer disks and CDs that are mailed with a
publication will be processed as set forth in subsection (5) of this
rule.
(i) All publications must be
stored in an inmate's personal living area without creating a fire, safety, or
sanitation hazard. If an inmate's possession of a publication would create such
a hazard, the institution is authorized to not issue the publication to the
inmate or to impound the publication if previously issued until the inmate
disposes of other personal property to create storage space for the
publication.
(j) An inmate must not
order a publication from any source on a "Bill Me Later" basis. Any publication
purchase initiated by an inmate must include a Form DC2-304, Inmate Trust Fund
Special Withdrawal, that covers the complete cost of the purchase and postage,
if necessary, and must include an envelope that is properly addressed to the
seller. The purchase request must be submitted to the warden or his or her
designee for approval. If approved, the warden or his or her designee will
forward the purchase request to the Bureau of Finance and Accounting, Inmate
Trust Fund Section, for processing. Any purchase request that does not comply
with these requirements will be returned to the inmate. Form DC2-304 is
incorporated by reference in Rule
33-203.201,
F.A.C.
(k) Inmates in maximum
management are not permitted to receive or possess publications except as
provided in Rule
33-601.820,
F.A.C.
(12) Training
Materials and Correspondence Study Programs.
(a) All publications selected for use in an
authorized program of the Department, any privately-operated facility housing
inmates committed to the custody of the Department, PRIDE, or the Corrections
Medical Authority will be reviewed by the department head or person designated
by the warden to ensure that the subject matter contained in the publication is
not inadmissible pursuant to the criteria set forth in subsection (15) of this
rule.
(b) Institutions will permit
an inmate to enroll in correspondence study programs if the subject matter of
the course materials is not inadmissible pursuant to the criteria set forth in
subsection (15) of this rule. The warden will designate one or more department
heads to inspect all materials received pursuant to an inmate's participation
in a correspondence study program. Each item received and inspected will either
be approved and issued to the inmate, or rejected and processed as contraband
pursuant to Rules
33-602.201 and
33-602.203,
F.A.C.
1. Inmates must secure prior approval
from the warden or his or her designee to receive any item not listed on the
Appendix One of Rule
33-602.201,
F.A.C. Any item not approved by the warden or his or her designee in advance of
receipt by the institution will be rejected and processed as contraband
pursuant to Rules
33-602.201 and
33-602.203,
F.A.C.
2. All educational
correspondence study program materials must be mailed directly from the course
provider to the institution's education department via U.S. Postal Service
mail.
(13)
Calendars.
(a) The following restrictions
apply to an inmate's receipt and possession of a calendar:
1. Quantity - limited to one per
inmate;
2. Size - if single paged,
12 inches by 12 inches or smaller; if multi-paged, 12 inches by 12 inches or
smaller when closed, and no greater than 24 inches by 12 inches when
opened;
3. Medium - paper only;
and
4. Must not contain any audio
or electronic components.
(b) Authorized sources:
1. A calendar that complies with the
requirements of this rule will be sold in the canteens at each
institution.
2. Inmates may receive
and possess calendars only from publishers, mail order distributors,
bookstores, and the canteen.
3.
Chaplaincy services and other authorized programs of the Department may accept
donations of calendars for distribution to inmates if the calendars comply with
the requirements of this rule.
(c) Calendars that contain written or
pictorial material that is inadmissible pursuant to subsection (15) of this
rule will be rejected and will not be issued to inmates.
(d) Inmates are prohibited from posting or
otherwise displaying calendars. Such activity will subject the inmate to
disciplinary action and will cause the posted or displayed calendar to be
confiscated as contraband.
(14) Blank journals or diaries.
(a) The following restrictions apply to an
inmate's receipt and possession of blank journals and diaries:
1. Quantity - see possession limits set forth
in subsection (11);
2. Size -
limited to 9'' x 12'' or smaller when closed;
3. Medium - paper only;
4. Must not contain any audio or electronic
components.
(b)
Authorized sources:
1. Inmates may receive and
possess diaries or journals only from publishers, mail order distributors, and
bookstores.
2. Chaplaincy services
and other authorized programs of the Department may accept donations of diaries
and journals for distribution to inmates if the diaries and journals comply
with the requirements of this rule.
(c) Diaries or journals that contain written
or pictorial material that is inadmissible pursuant to subsection (15) of this
rule will be rejected and will not be issued to inmates.
(15) Rejection of Publications. An inmate can
possess a publication that is not detrimental to the security, order, or
disciplinary or rehabilitative interests of any institution of the Department
or any privately-operated facility housing inmates committed to the custody of
the Department. A publication will be rejected if:
(a) The publication depicts or describes
procedures for the construction of or use of weapons, ammunition, bombs,
chemical agents, or incendiary devices;
(b) The publication depicts, encourages, or
describes methods of escape from any correctional institution or facility,
contains blueprints, drawings, or similar descriptions of any Department
institution or facility, or includes road maps that can facilitate escape from
a correctional institution or facility;
(c) The publication depicts or describes
procedures for the brewing of alcoholic beverages or the manufacture of drugs
or other intoxicants;
(d) The
publication depicts how to make an instrument to apply a tattoo, describes how
to make or secure ink or other supplies needed to make tattoos, describes
tattooing techniques, or contains a tattoo pattern or photograph that is large
and distinctive enough to be used as a tattoo pattern;
(e) The publication encourages, provides
instructions on, or facilitates gambling;
(f) The publication is written in code or is
otherwise written in a manner that is not reasonably subject to interpretation
by Department staff as to meaning or intent; however, an inmate who is a
foreign national will be permitted to receive a publication in his or her
native language that is mailed directly from a government agency, diplomatic
mission, or consular office of his or her country of citizenship;
(g) The publication encourages, provides
instruction on, or facilitates the commission of a crime;
(h) The publication depicts, describes, or
encourages activities that may lead to the use of physical violence on another
person;
(i) The publication is
dangerously inflammatory in that it advocates or encourages riot, insurrection,
rebellion, organized prison protest, disruption of the institution, or the
violation of federal law, state law, or Department rules;
(j) The publication includes signs, symbols,
or other identifiers of a security threat group, or otherwise promotes the gang
culture or lifestyle;
(k) The
publication threatens physical harm, blackmail, or extortion;
(l) The publication depicts any of the
following sexual conduct:
1. Actual or
simulated sexual intercourse;
2.
Sexual bestiality;
3.
Masturbation;
4. Sadomasochistic
abuse;
5. Actual lewd exhibition of
the genitals;
6. Actual physical
contact with a person's unclothed genitals, pubic area, buttocks, or, if such
person is a female, breast with the intent to arouse or gratify the sexual
desire of either party;
7. Any act
or conduct which constitutes sexual battery or simulates that sexual battery is
being or will be committed.
(m) The publication depicts nudity in such a
way as to create the appearance that sexual conduct is occurring or is imminent
such as the display of physical contact or intended physical contact with a
person's unclothed genitals, pubic area, buttocks, or female breasts orally,
digitally, or with a foreign object, or the display of sexual organs in an
aroused state.
(n) The publication
contains criminal history, offender registration, or other personal information
about another inmate or offender, which, in the hands of an inmate, presents a
threat to the security, order, or rehabilitative objectives of the correctional
system or to the safety of any person;
(o) The publication contains an advertisement
promoting any of the following:
1. Three-way
calling services;
2. Pen pal
services;
3. The purchase of
products or services with postage stamps; or
4. Conducting a business or profession while
incarcerated.
(p) The
publication otherwise presents a threat to the security, order, or
rehabilitative objectives of the correctional system or the safety of any
person.
(16) Incoming
Publications Not Previously Rejected by the LRC.
(a) The warden or assistant warden will
impound any publication that he or she finds to be inadmissible pursuant to the
criteria set forth in subsection (15) of this rule within 15 calendar days of
receipt of the publication at the institution. If only a portion of a
publication violates one or more criteria set forth in subsection (15), the
entire publication will be impounded. Each issue of a subscription to a
periodical must be reviewed independently in light of the criteria established
in subsection (15).
(b) The warden
or assistant warden will advise the inmate in writing on Form DC5-101, Notice
of Rejection or Impoundment of Publications, of the specific reasons for the
impoundment within 15 calendar days of receipt of the publication at the
institution. The inmate will be provided two copies of the form. The warden or
assistant warden will also provide a copy of the completed form to the
publisher, mail order distributor, bookstore, or sender, and the LRC. The copy
of Form DC5-101 that is sent to the LRC must include as attachments a copy of
the publication's front cover or title page and a copy of all pages identified
in the form as including inadmissible subject matter. The date that Form
DC5-101 is mailed to the publisher, mail order distributor, bookstore, or
sender will be documented by date stamp on all copies of the form. Form DC5-101
is hereby incorporated by reference. Copies of this 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-14195.
The effective date of this form is 05/22.
(c) The initial impoundment of a publication
by a warden or assistant warden at any institution or facility will result in
that publication being impounded by the warden or the mailroom supervisor at
all institutions and facilities until the LRC reviews the impoundment decision.
Inmates at other institutions who receive the impounded publication will be
provided a Form DC5-101 explaining that the publication has been impounded
pending review by the LRC. The form must state why the publication was
impounded.
(d) Due to the
Department's need to secure outside translation assistance, the time frames for
review of admissible reading material specified in this subsection do not apply
to publications in languages other than English or Spanish.
(17) Incoming Publications
Previously Rejected by the LRC. When a rejected publication is received at an
institution, it will be impounded and will not be issued to inmates. The warden
or designee must notify each inmate in writing on Form DC5-101, Notice of
Rejection or Impoundment of Publications, within 15 calendar days of receipt
that the publication has been rejected by the LRC and cannot be received. Form
DC5-101 must address only one publication. If a single mailing includes more
than one rejected publication, a Form DC5-101 must be prepared for each
publication.
(18) Reading Material
in an Inmate's Property.
(a) The review
criteria established in subsection (15) of this rule also apply to publications
found in an inmate's personal property.
(b) If correctional staff find a publication
in an inmate's personal property that has been previously rejected by the
Department, the publication will be taken from the inmate and Form DC6-220,
Inmate Impounded Property List, will be completed as required by Rules
33-602.201 and
33-602.203,
F.A.C. Form DC6-220 is incorporated by reference in Rule
33-602.201,
F.A.C.
(c) If Department staff
determine that a publication found in an inmate's personal property may be
inadmissible pursuant to subsection (15) of this rule, it will be impounded and
Form DC6-220 will be completed as required by Rules
33-602.201 and
33-602.203,
F.A.C. The publication will be forwarded to the warden or assistant warden for
review. The warden or assistant warden must review the publication within 15
days of impoundment. If the publication is found to be inadmissible, the warden
or assistant warden will prepare Form DC5-101, Notice of Rejection or
Impoundment of Publications, to advise the inmate of the specific reasons for
impoundment. The inmate will be provided two copies of the form. Publications
that are impounded pursuant to this paragraph will be processed as set forth in
subsections (15) and (16) of this rule.
(19) Impoundment of Publications for Certain
Inmates.
(a) Publications addressed to a
specific inmate or found in the property of an inmate will be impounded when
circumstances detailed in the inmate's current or prior criminal conviction or
detailed in departmental disciplinary reports indicates it would be a threat to
the security, order, or rehabilitative objectives of the correctional system or
the safety of any person to permit the inmate access to subject matter in the
publication.
(b) When a warden or
assistant warden determines that an inmate should be denied access to a
publication because its receipt would be a threat to the security, order, or
rehabilitative objectives of the correctional system or the safety of any
person, he or she will forward the publication to a Department health or mental
health services professional for review and evaluation. If the health or mental
health services professional agrees that the inmate should be denied access to
the publication, the warden or assistant warden will impound the publication.
The warden or assistant warden will provide the LRC with a copy of the opinion
prepared by the health or mental health services professional and any other
information that justifies denying the inmate access to the
publication.
(c) Within 15 calendar
days of receipt of the publication at the institution, the warden or his or her
designee must advise the inmate in writing on Form DC5-101, Notice of Rejection
or Impoundment of Publications, of the specific subject matter that is the
cause for the impoundment pursuant to this subsection, including the page
number(s) in the publication where the information is found and the specific
security, safety, or rehabilitation concerns that justify denying the inmate
access to the publication. The inmate will be provided two copies of the form.
The warden or his or her designee will provide a copy of the completed Form
DC5-101 to the publisher, mail order distributor, bookstore, or sender. The
actual date that Form DC5-101 is mailed to the publisher, mail order
distributor, bookstore, or sender will be documented by date stamp on all
copies of the form.
(d) Regarding
publications found in an inmate's personal property, Department staff will
impound the publication and complete Form DC6-220, Inmate Impounded Personal
Property List, as required by Rules
33-602.201 and
33-602.203,
F.A.C. Department staff will forward the publication to the warden or his or
her designee for review. The warden or his or her designee must review the
publication within 15 days of impoundment. If the warden or his or her designee
determines that the publication should be impounded, he or she must advise the
inmate in writing on Form DC5-101 of the specific subject matter that is the
cause for the impoundment pursuant to this subsection, including the page
number(s) in the publication where this information is found and the specific
security, safety, or rehabilitation concerns that justify denying the inmate
access to the publication. The inmate will be provided with two copies of the
form. Each Form DC5-101 must address only one publication. A copy of the
completed Form DC5-101 must be sent to the LRC together with any information
that the warden or his or her designee believes justifies the decision to deny
the inmate access to the publication.
(e) Publications that are impounded pursuant
to this subsection will be processed as set forth in subsections (16) and (18)
of this rule.
(f) Inmates may
appeal impoundment decisions made pursuant to this subsection by utilizing the
inmate grievance procedure as set forth in subsection (21) and paragraph
(22)(c) of this rule and Chapter 33-103, F.A.C.
1. If the impoundment decision is overturned,
the institution will give the publication to the inmate.
2. If the impoundment decision is upheld, the
institution will advise the inmate that he or she has 30 days from date of
receipt of notice that the grievance appeal has been denied to arrange to have
the publication picked up by an approved visitor, or mailed to a relative,
friend, or the sender at the inmate's expense. If the publication is not picked
up or mailed out within 30 days, the institution will destroy
it.
(g) Impoundment
decisions made pursuant to this subsection are individualized in nature and do
not impact any other inmate's access to a publication. However, if Department
staff determine that a publication should be rejected pursuant to the criteria
set forth in subsection (15) of this rule and should be denied to all inmates,
they must follow the impoundment procedure set forth in subsection (16) or (18)
of this rule.
(h) An inmate who
possesses a publication that he or she was prohibited from having access to
pursuant to this subsection are subject to formal disciplinary action as
provided for in Rules 33-601.300-.314, F.A.C. Any such publications found in
the possession of the inmate will be impounded as contraband and may be
destroyed upon conclusion of any disciplinary proceedings and related grievance
or legal appeals.
(20)
Storage and Disposal of Impounded and Rejected Publications.
(a) Institutions must store impounded or
rejected publications in a secure location that is inaccessible by inmates. A
copy of the completed Form DC5-101, Notice of Rejection or Impoundment of
Publications, must be kept with the impounded or rejected
publication.
(b) Impounded and
rejected publications will be held at the institution for 30 days. Upon receipt
of Form DC5-101, an inmate has 30 days to have the publication picked up by an
approved visitor, or mailed to a relative, friend, or the sender at the
inmate's expense. If the publication is not picked up or mailed out within 30
days, the institution will destroy it.
(c) The 30-day deadline does not include any
time that a grievance is pending if:
1. The
grievance is timely filed as described in Chapter 33-103, F.A.C.; and
2. Regarding grievances challenging the
impoundment or rejection of a publication pursuant to the criteria set forth in
subsections (15) and (19) of this rule, the inmate has provided the warden with
written notice of his or her intent to file a grievance with the Office of the
Secretary as described in paragraph (21)(b) of this rule.
(d) At any time during the 30 days following
receipt of Form DC5-101, an inmate may have an impounded or rejected
publication picked up by an approved visitor, relative, or friend, pay to have
the publication mailed to one of these approved individuals, or have the
publication disposed of or destroyed. If an inmate authorizes the institution
to have the publication disposed of or destroyed before the 30-day time period
runs or while a grievance appeal is known to be pending, the authorization must
be secured in writing.
(21) Inmate Grievance Appeals.
(a) Inmates may appeal the impoundment or
rejection of reading material through the inmate grievance procedure, Chapter
33-103, F.A.C.
(b) When a
publication is impounded or rejected for a reason not related to subject
matter, inmates may file an informal grievance as described in Rule
33-103.005,
F.A.C.
1. Only one impounded or rejected
publication can be addressed in each grievance;
2. A copy of Form DC5-101, Notice of
Rejection or Impoundment of Publications, that documents the impoundment or
rejection must be attached to the grievance; and
3. The grievance must be filed within 15 days
from the date of the impoundment or rejection being appealed.
(c) When a publication is
impounded or rejected pursuant to the criteria set forth in subsection (15) or
(19) of this rule, an inmate must bypass the informal and formal institutional
levels of review, and file a grievance directly with the Office of the
Secretary as described in Rule
33-103.007,
F.A.C.
1. Only one impounded or rejected
publication can be addressed in each grievance;
2. The inmate must identify the grievance as
being related to admissible reading material by writing the words "Admissible
Reading Material" at the top of the grievance;
3. A copy of the Form DC5-101 that documents
the impoundment or rejection, must be attached to the grievance;
4. The grievance must be filed within 15 days
from the date of the impoundment or rejection being appealed;
5. The grievance must be addressed to the
Office of the Secretary; and
6. The
inmate must provide written notice to the warden on Form DC6-236, Inmate
Request, that he intends to appeal the impoundment or rejection to the Office
of the Secretary in order to have the disposal of the publication stayed while
the grievance is pending. The written notice must include a statement that the
inmate intends to appeal the impoundment or rejection of admissible reading
material and must specifically identify the publications on which the appeal is
to be based.
(22) Literature Review Committee.
(a) A Literature Review Committee (LRC) will
act as the final reviewing authority for appeals regarding publications
rejected or impounded pursuant this rule. The committee will be composed of the
following individuals:
1. Bureau Chief of
Security Operations or his or her designee;
2. Bureau Chief of Policy Management and
Inmate Appeals or his or her designee;
3. Bureau Chief of Education or his or her
designee.
(b) The Bureau
Chief of Education or his or her designee will serve as the chairperson of the
LRC and will be responsible for coordinating all activities of the
committee.
(c) Within 30 days of
receipt of a Form DC5-101, Notice of Rejection or Impoundment of Publications,
from an institution or facility or receipt of an inmate grievance appeal
forwarded by the Bureau of Inmate Grievance Appeals, the Bureau Chief of
Education or his or her designee will schedule a meeting of the LRC to review
the decision to reject or impound a publication or the appeal. The committee
will consider the appeal (if filed), the rule authority and reasons for the
rejection or impoundment cited in Form DC5-101, the portions of the publication
that have been cited as cause for the rejection or impoundment, and any other
relevant material relating to the decision to reject or impound the publication
or the appeal. The committee will affirm or overturn the decision to reject or
impound the publication or approve or deny the appeal based upon the criteria
set forth in this rule. Decisions of the committee will be by majority vote.
Except as otherwise provided in this rule, the decision of the committee is
final.
(d) LRC decisions based on
the review of rejected or impounded publications will be communicated to all
institutions of the Department and any privately-operated facilities housing
inmates committed to the custody of the Department. When a rejection or
impoundment decision is overturned, institutions will issue the publication at
issue to all affected inmates as soon as possible. Decisions relating to inmate
grievance appeals will be communicated to the Chief of the Bureau of Inmate
Grievance Appeals or his or her designee who will then approve or deny the
grievance in light of the LRC's decision.
(e) If the LRC notifies institutions that the
rejection or impoundment of a publication has been overturned or if an inmate's
grievance appeal is approved, the following guidelines must be followed when
the institutions issue the publication to affected inmates.
1. The publication will be retrieved from
secure storage and turned over to security or service center staff authorized
by the warden or his or her designee to issue rejected or impounded
publications to inmates.
2. A copy
of the completed Form DC5-101 must be attached to the publication.
3. The stamped Form DC5-101 will be presented
to affected inmates. The affected inmates will be required to sign and date the
form. An affected inmate will only be issued the publication after he or she
has signed and dated the form.
4.
The signed Form DC5-101 must be retained by institutional or service center
staff as documentation evidencing that the inmate was issued the
publication.
(f) The
department must maintain a record of all publications reviewed by the LRC. The
record of reviewed publications must be updated after every meeting of the LRC.
All institutions and facilities must maintain a current copy of the record of
reviewed publications in every institutional mailroom and at a location
accessible by inmates.
(23) Review of Decision to Impound a
Publication.
(a) The publisher, mail order
distributor, or bookstore may obtain an independent review of a warden's
decision to impound a publication by writing to the library services
administrator at 501 South Calhoun, Tallahassee, Florida 32399-2500 within 15
days following receipt of Form DC5-101, Notice of Rejection or Impoundment of
Publications. The request for review must be accompanied by:
1. A copy of the completed Form DC5-101;
and
2. A copy of the impounded
publication.
(b) The
library services administrator will forward this information to the LRC for
review. The chief of institutional programs or designee must provide the
publisher, mail order distributor, bookstore or sender written notification of
the LRC's decision. The decision will also be communicated to all correctional
facilities.
(24) Review
by the LRC.
(a) The publisher of a publication
rejected by the LRC may request reconsideration of the rejection if the
publisher can:
1. Provide proof to the LRC
that the publication has been revised and the material resulting in the
rejection has been removed; or
2.
Demonstrate that the LRC's decision to reject the publication was not based on
any of the criteria set forth in subsection (15) of this rule.
(b) A publisher may request
reconsideration by writing to the library services administrator at 501 South
Calhoun, Tallahassee, Florida 32399-2500. The request must be accompanied by a
copy of the rejected publication, any revised version of the publication, and
any other relevant information the publisher wants to have considered by the
Department.
(c) The library
services administrator will forward all information submitted by the publisher
to the LRC for review at the next regularly scheduled LRC meeting. The Bureau
Chief of Education or his or her designee will provide the publisher written
notification of the LRC's decision. The decision will also be communicated to
all correctional institutions and facilities. A publisher may request
reconsideration of a publication pursuant to subparagraph (24)(a)1. at any
time.
(25) Special
Meeting of the LRC.
(a) In addition to the
review process set forth in subsection (24) of this rule, the Secretary or a
publisher may request a special meeting of the LRC to reconsider the LRC's
rejection of a publication.
(b) The
Secretary may request a special meeting of the LRC by contacting the Director
of the Office of Programs and Reentry or his or her designee. When a special
meeting of the LRC is requested by the Secretary, the library services
administrator will notify the publisher, if known, and request a copy of the
rejected publication, any revised version of the publication, and any other
relevant information the publisher wants to have considered by the
Department.
(c) A publisher may
request a special meeting of the LRC by writing to the library services
administrator at 501 South Calhoun, Tallahassee, Florida 32399-2500. The
request must be accompanied by a copy of the rejected publication, any revised
version of the publication, and any other relevant information the publisher
wants to have considered by the Department.
(d) The library services administrator will
forward all information submitted by the publisher to the Bureau Chief of
Education who will schedule a special meeting of the LRC to consider the
request.
(e) A special meeting of
the LRC will not be scheduled more frequently than once each quarter. The LRC
for a special meeting will be composed of the bureau chiefs identified in
paragraph (22)(a). No designees are permitted.
(f) At a special meeting of the LRC, the LRC
will review all available and relevant information relating to the publication
at issue pursuant to the criteria set forth in subsection (15) this
rule.
(g) The Bureau Chief of
Education or his or her designee will provide the publisher written
notification of the LRC's decision. The decision will also be communicated to
all correctional institutions and facilities.
(h) If a publication is rejected at a special
meeting of the LRC, the publisher may not request reconsideration at a special
meeting of the LRC for a period of five calendar years from the date of the
rejection.
Notes
Rulemaking Authority 944.09, 944.11 FS. Law Implemented 944.11 FS.
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