Fla. Admin. Code Ann. R. 33-601.820 - Maximum Management
(1) Definitions.
(a) Institutional Classification Team (ICT)
-refers to the team consisting of the warden, assistant warden, classification
supervisor, chief of security, and other members as necessary when appointed by
the warden or designated by rule. The ICT is responsible for making inmate
status decisions and for making other classification recommendations to the
State Classification Office, regional director, and warden. At private
facilities, the Department's representative is to be considered a fourth member
of the ICT when reviewing all job/program assignment, transfer, and custody
recommendations/decisions. If a majority decision by the ICT is not possible,
the decision of the Department's representative is final.
(b) Maximum Management - refers to a
temporary status for an inmate who, through a recent incident or series of
recent incidents, has been identified as being an extreme security risk to the
Department and requires an immediate level of control beyond that available in
confinement, close management, or death row. The Secretary has designated
Florida State Prison (FSP) as the only institution authorized to house maximum
management inmates, based upon the needs of the Department.
(2) Maximum Management Placement Criteria. An
inmate shall have, at a minimum, met the criteria for placement in close
management I or death row and participated in a recent incident or series of
recent incidents in which the inmate has:
(a)
Escaped from or attempted to escape from a secure perimeter;
(b) Demonstrated a willingness to use deadly
force in a correctional setting;
(c) Been involved in a dangerous act
targeting staff or an assault against staff, including sexual assault;
or
(d) Been involved in a
life-threatening inmate-on-inmate assault requiring that the victim receive
emergency outside medical treatment.
(3) Initial Placement in Maximum Management
Housing.
(a) An inmate may only be referred
for initial placement in maximum management housing at FSP. If an inmate
located at any other facility commits an offense that appears to meet the
criteria for maximum management placement outlined in subsection (2) of this
rule, the institutional classification officer, senior classification officer,
classification supervisor, or ICT at the facility shall enter into the Offender
Based Information System (OBIS) a Pending Close Management Evaluation transfer
request to FSP if the inmate is not already in close management. If the inmate
is already in close management or death row, the institutional classification
officer, senior classification officer, classification supervisor, or ICT of
the facility shall enter into OBIS a request for the type of transfer to FSP
that reflects the inmate's current CM level or death row status. The warden or
regional director is required to send an e-mail to Central Office requesting
transfer approval and the immediate scheduling of a direct transport to FSP
indicating the inmate's current status and including the request for maximum
management placement. A description of the inmate's behavior that warrants
review for maximum management placement must be included.
(b) Whenever an inmate housed at FSP or an
inmate transferred to FSP pursuant to paragraph (3)(a) above has met at least
one of the conditions listed in paragraph (2)(a) above, the shift supervisor
shall place the inmate in maximum management housing. Immediately after
placement, the shift supervisor at FSP shall enter in OBIS a referral for
maximum management detailing the information and circumstances requiring
maximum management placement.
(c)
Within 24 hours after an inmate is placed in maximum management housing, the
warden or duty warden shall review the shift supervisor's referral for maximum
management and document a decision, based on the criteria set forth in
subsection (2) above, as to whether the inmate's conduct was severe enough to
warrant placement in maximum management housing pending completion of the
hearing process in subsection (4) below. If the warden or duty warden
determines that it is unnecessary to keep the inmate in maximum management
housing pending completion of the hearing process, the inmate shall be placed
in administrative confinement and the procedure for placement in close
management outlined in Rule
33-601.800, F.A.C., shall be
followed if the inmate is not already in close management. If the inmate was
already in close management or death row status, the inmate shall be returned
to that status. If the behavior for which the inmate was referred for maximum
management warrants consideration of an upward modification of the inmate's
close management level, that action shall take place after the inmate's return
to close management in accordance with Rule
33-601.800, F.A.C. If the warden
or duty warden determines that maximum management placement is appropriate, the
inmate shall immediately be given a written notice including the reason for the
placement referral and informing the inmate that a hearing to review the
placement shall be held no sooner than 24 hours from the delivery of the
notice. The inmate may waive the 24-hour waiting period or his or her
appearance at the hearing by signing Form DC6-104, 24 Hour/Refusal to Appear
Waiver. Form DC6-104 is hereby incorporated by reference. Copies of this form
are available from the Forms Control Administrator, 501 South Calhoun Street,
Tallahassee, Florida 32399-2500. The effective date of this form is April 13,
2006.
(d) The classification
supervisor shall docket the inmate's hearing before the ICT for consideration
of placement in maximum management status.
(4) Initial Placement Hearing and Decision
Process.
(a) The ICT shall conduct a hearing
with the inmate to determine whether placement in maximum management is
appropriate.
(b) The inmate shall
be present for the hearing unless:
1. The
inmate waives his or her right to appear by signing Form DC6-104, 24
Hour/Refusal to Appear Waiver; or
2. The inmate's behavior jeopardizes the
security or safety of the institution or the hearing as determined by the ICT
chairperson.
(c) If the
inmate does not attend the hearing, the reasons the inmate did not appear at
the hearing shall be included in the ICT recommendation entered in
OBIS.
(d) If the ICT chairperson
determines that staff assistance is needed for the inmate based upon language
barriers or other existing barriers, the chairperson shall appoint a staff
assistant.
(e) The ICT chairperson
shall offer the inmate the opportunity to make a verbal statement or present a
written statement.
(f) The ICT
chairperson shall have authority to postpone the hearing to gather further
information or order an investigation regarding any pertinent issues. If the
hearing is postponed, the reasons for postponement shall be entered in
OBIS.
(g) The ICT shall recommend
approval or disapproval of the recommendation for placement in maximum
management. The ICT's recommendation and the basis for the recommendations
shall be entered in OBIS.
(h) The
ICT's recommendation shall be forwarded to the warden for review. The warden's
recommendation for approval or disapproval of maximum management placement
conditions and the basis for the recommendations shall be entered in
OBIS.
(i) The warden's
recommendation shall be forwarded to the regional director for final review.
The regional director's decision to approve or disapprove maximum management
placement and the basis for the decision shall be entered in OBIS. If the
regional director disapproves the placement, the inmate shall immediately be
removed from the maximum management cell and reclassified to the inmate's
original status or placed in administrative confinement pending close
management referral.
(j) The
classification supervisor at FSP shall ensure that Form DC6-229, Daily Record
of Special Housing, is documented with any status changes approved by the
regional director. The classification supervisor shall also ensure that the
inmate is informed verbally and in writing of the regional director's decision.
Form DC6-229 is incorporated by reference in Rule
33-601.800,
F.A.C.
(5) Initial
Conditions of Placement in Maximum Management. Inmates shall be subject to the
following conditions upon initial placement in maximum management:
(a) The inmate shall be provided clothing and
bedding. If the inmate's behavior requires, the shift supervisor may authorize
the removal of clothing or bedding or that the solid door be closed for
security reasons either upon initial placement or at any time during maximum
management status. The shift supervisor shall notify the warden of any such
action. If in agreement with the action, the warden shall notify the regional
director for final approval no later than the first work day following the
shift supervisor's action. If an inmate's clothing is removed, a modesty
garment shall be immediately given to the inmate. If the inmate chooses not to
wear the garment, the garment shall be left in the cell and this action shall
be documented on Form DC6-229, Daily Record of Special Housing. Under no
circumstances shall an inmate be left without a means to cover himself or
herself.
(b) Reading materials -
possession is limited to a bible, religious testament, or other reading
material specifically related to the inmate's faith only.
(c) Out-of-doors recreation - limited to two
hours once every 30 days for the first 60 days and two hours twice every thirty
days thereafter or until the inmate's exercise privileges have been reinstated
pursuant to subsection (7) below.
(d) Possession of legal materials shall be
permitted, and excess legal materials shall be stored pursuant to subsection
33-602.201(6),
F.A.C.
(e) Legal visits shall be
permitted.
(f) Routine bank
transactions or canteen purchases shall not be allowed, with the exception of
stamp, paper, security pen, and envelope purchases for mail legal work, and
inmate requests, and grievances.
(g) Tablets and kiosks - inmates in maximum
management are not permitted to possess a tablet or have access to kiosks,
kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C.,
and shall not have video visitation privileges as provided for in Rule
33-602.901,
F.A.C.
(6) Review of
Maximum Management Status and Conditions.
(a)
The ICT shall review the inmate's maximum management status, the conditions set
forth in subsection (4), above, and previously modified conditions weekly for
the first 60 days from the date of placement, and at least monthly thereafter.
1. Reviews by the ICT shall be documented on
Form DC6-229, Daily Record of Special Housing.
2. If the ICT recommends the inmate's release
from maximum management or a modification of the inmate's conditions during the
first 60 days, the ICT shall enter its recommendation in OBIS.
3. All reviews conducted by the ICT after the
first 60 days of maximum management status shall be entered in OBIS. This
documentation shall include any recommendations for modifications of the
inmate's conditions.
4. The ICT
shall enter in OBIS an inmate's guilty findings on any disciplinary reports and
all recommendations for modification of the inmate's
conditions.
(b) All ICT
reviews entered in OBIS shall be reviewed by the warden. The warden shall
document his or her reason for approval, disapproval, or modification of the
ICT recommendations in OBIS.
(c)
The warden's recommendations for approval, disapproval, or modification of the
inmate's status or conditions shall be reviewed by the regional director. The
regional director shall document approval, disapproval, or modification of the
warden's recommendation in OBIS.
(d) If the regional director approves the
inmate for release from maximum management status, the inmate shall be placed
in close management or death row housing. The decision to release the inmate
from maximum management status shall be entered in OBIS. An inmate shall not be
subjected to modification of conditions until the modifications are approved by
the regional director, except as allowed in paragraph (4)(a), above.
(e) The classification supervisor at the
maximum management facility shall ensure that Form DC6-229, Daily Record of
Special Housing, is documented with any status or condition changes approved by
the regional director. The classification supervisor at the maximum management
facility shall ensure the inmate is immediately removed from maximum management
housing if approved by the regional director and returned to close management
or death row housing.
(f) The ICT
at the maximum management facility shall ensure that staff adhere to any time
frames approved in reference to inmate conditions.
(7) Periodic Modification of Conditions.
(a) If after the following time frames the
regional director determines an inmate has displayed satisfactory adjustment to
maximum management, taking into account the severity of any guilty findings on
disciplinary reports created since the inmate's initial placement on maximum
management status, and therefore determines that reinstatement of privileges is
appropriate, privileges shall be reinstated as follows:
1. After six consecutive months on maximum
management and with the approval of the regional director, the following
privileges shall be reinstated:
a. Recreation
privileges up to one two-hour session per week; and
b. Property privileges to the extent that the
inmate may possess two periodicals and may check out books from the
library.
2. After nine
consecutive months on maximum management and with the approval of the ICT, the
following privileges shall be reinstated:
a.
Recreation privileges up to two two-hour sessions per week; and
b. Canteen privileges limited to one order
per week. The inmate is further limited to five non-food items and five food
items. In making this determination, with the exception of stamps, security
pens, and notebook paper, it is the number of items counted rather than the
type of item. With respect to stamps, security pens, and notebook paper,
twenty-five stamps or fewer count as one item, three security pens or fewer
count as one item, and two packages or fewer of notebook paper count as one
item.
3. After 12
consecutive months on maximum management and with approval of the ICT, the
following privileges shall be reinstated:
a.
Recreation privileges up to three two-hour sessions per week; and
b. Ability to purchase a Walkman-type radio,
headphones, and batteries or to be issued these items from the inmate's stored
property.
(b)
If the ICT determines an inmate has displayed unsatisfactory adjustment to
maximum management, taking into account the severity of any guilty findings on
disciplinary reports created since the inmate has had his or her privileges
reinstated, the ICT shall review the reports and make a determination as to
whether and to what extent privileges shall be revoked.
(c) Any recommendations by the ICT and/or
warden and regional director decisions to modify conditions shall be entered in
OBIS during weekly or monthly reviews of the inmate's maximum management
status. The classification supervisor at FSP shall ensure that Form DC6-229,
Daily Record of Special Housing, is documented with any status or condition
changes approved by the regional director.
(8) Onsite Review of Maximum Management.
(a) If an inmate remains in maximum
management status for 90 days, the regional director or designee shall conduct
an on-site review of the inmate's maximum management status and conditions.
This onsite review shall take place after every 90-day period of continued
maximum management status. The regional director's designee for this purpose
shall be the assistant regional director or the regional correctional services
administrator.
(b) The ICT shall
participate in the review of the inmate's adjustment with the regional director
or his or her designee.
(c) The
regional director's decisions made following this on-site review shall be
entered in OBIS as directed in subsection (7), above.
(9) Security Requirements.
(a) All security requirements outlined in
Rule 33-601.800, F.A.C., for close
management inmates are applicable for all maximum management inmates.
(b) Additionally, the following security
precautions shall be followed for maximum management inmates:
1. The inmate shall remove all clothing to
allow for an unclothed body search and pass the clothing to the officers for
thorough search before being restrained and exiting the cell. The inmate shall
remain under constant visual surveillance during the process.
2. Before exiting the cell, a maximum
management inmate shall be restrained in a manner commensurate to his or her
level of threat and in the presence of a minimum of two officers.
3. Once out of the cell, the inmate shall be
placed in leg irons and escorted by two correctional officers at all
times.
4. The cell shall be
thoroughly searched each time the inmate exits the cell for any reason, but no
less frequently than three times each week.
5. When escorting a maximum management inmate
past other maximum management inmate cells, the cells shall have the solid
security door and cuff/food port closed and secured.
6. Under no circumstances shall any two
maximum management inmates be out of the cells under escort in the same area at
the same time.
7. A maximum
management inmate shall submit to an unclothed body search and clothing search
each time the inmate is returned to the cell from any
escort.
(10)
Other Conditions of Confinement.
(a) Religious
services shall be delivered by institutional chaplaincy staff or approved
volunteers only.
(b) Inmates in
maximum management shall be required to conduct legal business by
correspondence rather than a personal visit to the law library, when possible.
If access to the law library is required, a secure cell in the law library
shall be used to prevent direct contact with other inmates including law
clerks.
(c) Medication shall be
dispensed and administered in accordance with health services protocols for
confinement.
(d) Inmates who are
housed in maximum management shall have mental health and medical care services
to the same extent as close management inmates. Monitoring of inmates shall be
as described in Rule 33-601.800,
F.A.C.
Notes
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS.
New 12-7-00, Amended 11-23-03, 4-1-04, 4-13-06, 10-30-06, 4-27-08, 5-18-09, 3-6-14, 7-14-14, 12-13-15, 1-18-21.
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