Fla. Admin. Code Ann. R. 33-602.220 - Administrative Confinement
(1) Definitions.
(a) Administrative Confinement - refers to
the temporary separation of an inmate from inmates in general population in
order to provide for security and safety until such time as a more permanent
inmate management decision process can be concluded, such as a referral to
disciplinary confinement, close management, protective management, or a
transfer.
(b) Bureau of Braille and
Talking Book Library - refers to the agency that provides books on tape,
Braille books, and other auxiliary aids for individuals who are unable to read
books in print due to a disability.
(c) Central Office ADA Coordinator - refers
to the Department employee responsible for implementing the provisions of Title
I and Title II of the Americans with Disabilities Act and Section 504 of the
1973 Rehabilitation Act within the Department.
(d) Clinical Health Care Personnel - refers
to a physician, clinical associate, nurse, Correctional Medical Technician
Certified, psychologist, psychology intern, psychology resident, or
psychological specialist.
(e)
Housing Supervisor - refers to the correctional officer sergeant, or above, who
is in charge of the administrative confinement unit for a particular
shift.
(f) Institutional
Classification Team (ICT) - refers to the team consisting of the warden or
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 work, program, housing, and inmate status
decisions at an institution or facility and for making other classification
recommendations to the State Classification Office. 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.
(g) Institutional Classification Team Docket
- refers to the official record of an Institutional Classification Team
hearing.
(h) Lewd or Lascivious
Exhibition - an inmate commits a lewd or lascivious exhibition when the inmate
does any of the following in the presence of a person who is not in the custody
of the Department:
1. Intentionally
masturbates;
2. Intentionally
exposes the genitals without authorization; or
3. Intentionally commits any other sexual act
that does not involve actual physical or sexual contact with the victim,
including sadomasochistic abuse, sexual bestiality, or the simulation of any
act involving sexual activity.
(i) Major Rule Violation - refers to any
assault, battery, or attempted assault or battery; any lewd or lascivious
exhibition; any spoken or written threat towards any person; inciting or
attempting to incite, or participating in any riot, strike, mutinous act, or
disturbance; fighting; possession of weapons, ammunition, explosives, cell
phones, unauthorized drugs, escape paraphernalia, or any other item that
presents a threat to the safe and secure operation of the institution; and any
escape or escape attempt.
(j)
Offender Based Information System (OBIS) - refers to an electronic data system
used by the Department to record and retrieve offender information.
(k) Review - refers to the evaluation of
pertinent information or documentation concerning an inmate's administrative
confinement status to determine if changes or modifications in the confinement
status are required or recommended.
(l) State Classification Office (SCO) -
refers to the office or Department staff at the central office level that is
responsible for the review of inmate classification decisions. Duties include
approving, disapproving, or modifying ICT recommendations.
(m) Security Pen - refers to a specially
designed flexible ink pen that bends under pressure and has a tip that retracts
under excessive pressure.
(n)
Senior Correctional Officer - refers to a staff member with the rank of
correctional officer lieutenant or above.
(o) Special Risk Inmate - refers to any
inmate who has demonstrated behavior that is or could be harmful to himself or
herself.
(p) Visit - unless the
context dictates otherwise, refers to the official inspection and tour of a
confinement unit by a staff member.
(2) Procedures for Placement in
Administrative Confinement.
(a) Administrative
confinement is a temporary confinement status that may limit conditions and
privileges as provided in subsection (5) of this rule as a means of promoting
the security, order and effective management of the institution. Otherwise, the
treatment of inmates in administrative confinement shall be as near to that of
inmates in general population as assignment to administrative confinement shall
permit. Any deviations shall be fully documented as set forth in the provisions
of this rule.
(b) When a decision
is made to place an inmate in administrative confinement, the reason for such
placement shall be explained to the inmate and the inmate shall be given an
opportunity to present verbal comments on the matter. The inmate shall also be
allowed to submit a written statement. Prior to placing the inmate in
administrative confinement, the inmate shall be given a pre-confinement health
assessment, including a physical and mental health evaluation that shall be
documented in the inmate's health care record. Inmates shall be weighed upon
admission to administrative confinement, at least once a week while in
administrative confinement, and upon leaving administrative confinement. The
weight of the inmate shall be recorded on Form DC6-229, Daily Record of Special
Housing. Form DC6-229 is incorporated by reference in Rule
33-601.800, F.A.C.
(c) When a pregnant inmate is placed in
administrative confinement to protect the health and safety of the pregnant
inmate or others, or to preserve the security and order of the institution, the
senior correctional officer or above must make a report utilizing Form
DC6-1015, Report of Placement in Restrictive Housing for Pregnant Inmates,
clearly stating the following:
1. The
individualized reason restrictive housing is necessary;
2. The reason less restrictive means are not
available; and,
3. Whether a
qualified healthcare professional at the correctional institution objects to
the placement.
A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in administrative confinement. Form DC6-1015 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, http://www.flrules.org/Gateway/reference.asp?No=Ref-13180. The effective date of the form is 06/21.
(d) Pursuant to Rule
33-601.733, F.A.C., upon
placement into administrative confinement, the warden shall ensure that an
inmate is provided the opportunity, at the inmate's expense, to notify at least
three approved visitors of any visitation denial or restrictions before the
next scheduled visiting day if the situation permits the inmate to do so, or
that staff notifies visitors by telephone if the inmate is unable to do
so.
(e) When an inmate is placed in
administrative confinement, this action shall be documented in the electronic
classification contact log in OBIS. This entry shall fully state the
circumstances surrounding and the reason for placing the inmate in
administrative confinement and a summary of the inmate's comments. The reason
must correspond with one of the criteria for placement provided in subsection
(3) of this rule. This electronic entry shall be completed the same day the
inmate is placed into administrative confinement, will establish the ICT
72-hour review appointment, and will document any telephone calls made by staff
on the inmate's behalf to his or her visitors if time does not permit contact
by mail prior to the planned visit. Any written statements provided by the
inmate shall be forwarded to the ICT for its consideration prior to the 72-hour
review appointment.
(f) The ICT
shall review inmates in administrative confinement within 72 hours. The ICT's
findings and decision shall be documented in the electronic classification
contact log in OBIS. The only exception to being reviewed within 72 hours is
when the ICT cannot complete its review within the allotted timeframe due to a
holiday. If the review cannot be completed within 72 hours, the action of the
senior correctional officer shall be reviewed within 72 hours by the duty
warden, documented on the Form DC6-229, Daily Record of Special Housing, and
evaluated within 5 days by the ICT. Inmates placed into administrative
confinement shall not be released from this status until approved by the ICT.
The classification supervisor shall be responsible for ensuring that the ICT
docket is prepared. The ICT Chairperson is responsible for scheduling the ICT
hearing date and time. The ICT shall review inmates for release from
administrative confinement. During this review the ICT shall consider pending
disciplinary hearings and other pending issues or actions. If an inmate has
been held in administrative confinement pending a disciplinary hearing and the
decision is not to impose disciplinary confinement as a part of the
disciplinary action, the disciplinary team or hearing officer shall notify the
confinement supervisor who shall coordinate the release of the inmate from
administrative confinement. If the confinement supervisor discovers other
pending issues or actions, the ICT shall be required to immediately review the
case. In the event it is necessary to release an inmate from administrative
confinement during weekends or holidays, the duty warden is authorized to
approve the release immediately.
(3) Reasons for Placement in Administrative
Confinement with Time Limits. Placement of an inmate in administrative
confinement is authorized for the following reasons:
(a) Disciplinary charges are pending and the
inmate needs to be temporarily separated from inmates in general population in
order to provide for security or safety until such time as the disciplinary
hearing is held. A senior correctional officer or above shall have the
authority to place an inmate in administrative confinement for this reason. The
length of time spent in administrative confinement for this reason shall not
exceed seven working days unless the ICT authorizes an extension of five
working days. This extension shall be documented on Form DC6-229, Daily Record
of Special Housing.
(b) Outside
charges are pending against the inmate and the presence of the inmate in the
general population would present a danger to the security or order of the
institution. A senior correctional officer or above shall have the authority to
place an inmate in administrative confinement for this reason. The length of
time spent in administrative confinement for this reason shall not exceed 15
working days. The ICT shall be authorized to grant an extension of five working
days. If it appears that an inmate should continue to be segregated from
inmates in general population beyond 20 working days, close management
procedures shall be initiated pursuant to Rule
33-601.800, F.A.C.
(c) Inmates shall be placed in administrative
confinement pending review of the inmate's request for protection from other
inmates pursuant to Rule
33-602.221, F.A.C. The inmate
shall be placed in administrative confinement by a senior correctional officer
when the inmate presents a signed written statement alleging that the inmate
fears for his or her safety from other inmates, and that the inmate feels there
is no other reasonable alternative open to him or her. A senior correctional
officer shall place an inmate in administrative confinement pending review for
protective management based on evidence that such a review is necessary and the
senior correctional officer determines that no other reasonable alternative is
available. The inmate shall be encouraged to provide information and otherwise
cooperate with the investigation of the matter. The protective management
process, including the ICT's action, shall be completed within 15 working days
from the initial confinement of the inmate.
1.
The ICT shall complete an OBIS electronic classification contact log entry
approving the inmate's continuation in confinement. This entry will initiate an
appointment for an investigation to be conducted. The investigator shall enter
the results of the investigation in the electronic classification contact log
in OBIS, which will automatically schedule an ICT review appointment.
2. If the inmate submits a request for
release in writing at any time during the ICT review or investigation process,
the housing supervisor shall provide the inmate with a Form DC6-203, Protection
Waiver/Appeal Decision. Form DC6-203 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,
http://www.flrules.org/Gateway/reference.asp?No=Ref-01671.
The effective date of the form is 1-19-03. The inmate shall complete Form
DC6-203 and return it to the housing supervisor for submission to the ICT along
with the inmate's written request.
3. Once the investigation is complete, the
ICT shall interview the inmate to determine whether the inmate has a
legitimate, verifiable need for protection. The ICT shall review all
documentation available concerning the need for protection, including any
written statements submitted by the inmate. The inmate's written request for
release and the DC6-203 shall also be reviewed. The following elements shall be
considered in determining whether protective management is necessary:
a. A record of having been
assaulted;
b. A reputation among
the inmate population, attested to in writing by staff, as an informant or
trial witness;
c. Verified threats,
verbal abuse, or harassment;
d. A
former criminal justice activity resulting in verified threats, verbal abuse,
or harassment;
e. A conviction of a
crime repugnant to the inmate population;
f. Reliable, confirmed evidence of sexual
harassment;
g. Other factors such
as physical size, build, and age producing a risk from the general inmate
population.
4. The ICT
shall make recommendations concerning protective management based on the facts
within 15 working days from the date of initial confinement. The ICT's findings
and recommendations shall be entered in the electronic classification contact
log in OBIS, which will automatically schedule an SCO review appointment.
Whether the ICT recommends protective management or not, the inmate shall
remain in administrative confinement at that institution or facility pending
review by the SCO. All non-electronic related documentation shall be made
available to the SCO by the ICT. The SCO shall approve, disapprove, or return
for additional information the recommendation of the ICT.
5. The SCO shall determine within five
working days whether protection is necessary based upon the investigation and
any follow-up it deems appropriate. The SCO shall approve or disapprove
placement of the inmate in protective management. The SCO's decision shall be
documented in the electronic classification contact log in OBIS. If the SCO
determines that a need for protection exists, it shall direct that the inmate
be placed in a protective management unit or transferred to another institution
or facility to resolve the inmate's need for protection. If a decision is made
to relocate or transfer the inmate to resolve the inmate's need for protection
at the inmate's current location, the inmate shall be kept in administrative
confinement until the relocation or transfer is completed. Transfers for
protection needs shall be effected within five working days. SCO members are
authorized to approve transfers. If the SCO determines that protective
management is not necessary, the inmate may appeal this decision directly to
the Office of the Secretary pursuant to Rules
33-103.007 and
33-103.011, F.A.C. The inmate
shall be notified of the SCO's decision by the ICT. At the time of
notification, the inmate shall be asked if he or she wants to appeal the
decision. The inmate's acknowledgement of being informed of the SCO denial and
the inmate's decision on whether to appeal shall be documented on an
electronically produced Form DC6-137, Notification of Protective Management
Disapproval, and the electronic contact log in OBIS. Form DC6-137 is hereby
incorporated by reference. A copy is available from the Forms Control
Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-14790.
The effective date on the form is 1-19-03. The inmate shall remain in
administrative confinement until the appeal process is complete.
6. Within three working days after an inmate
has been received at an institution with a protective management unit for the
purpose of protective management or after an inmate already housed at an
institution with a protective management unit has been approved for protective
management by the SCO, a determination shall be made by the ICT as to
appropriate housing. The ICT shall ensure that the housing supervisor assesses
the inmate being placed into the protective management unit for his or her
potential for risk to or from other inmates in the protective management unit.
The inmate shall remain in administrative confinement until this assessment is
made.
(d) An inmate who
presents a signed written statement to a senior correctional officer alleging
that he or she is in fear of staff and provides specific information to support
this claim shall also be placed in administrative confinement. Such cases shall
be reported by the senior correctional officer via e-mail to the Office of the
Inspector General for review and possible investigation. After completion of
the review and any investigation, the Inspector General shall submit the case
to the ICT or SCO with recommendations for disposition. If the case is
submitted to the ICT, the ICT shall docket the case for consideration no later
than the next ICT meeting. If the case is submitted to the SCO, the SCO shall
coordinate with the ICT regarding recommendations. The timeframes listed in
paragraph (3)(e), below, shall apply to inmates in administrative confinement
due to alleged fear of staff.
(e)
An investigation, evaluation for change of status, or transfer is pending and
the presence of the inmate in the general population might interfere with that
investigation or present a danger to the inmate, other inmates, or to the
security and order of the institution. An investigating officer shall have the
authority to request that the senior correctional officer place the inmate in
administrative confinement for this reason and the length of time spent in this
status shall not exceed 15 working days unless one five working day extension
is granted by the ICT. This extension shall be documented on Form DC6-229,
Daily Record of Special Housing. If it is necessary to continue the inmate's
confinement beyond this first extension, written authorization must be obtained
from the SCO for a 30-day extension. This authorization shall be attached to
the Form DC6-229. The SCO shall have the authority to authorize one additional
30-day extension. Examples of circumstances justifying the placement of an
inmate in administrative confinement for this reason include:
1. Pending an evaluation for placement in
close management.
2. Special review
against other inmates, disciplinary, program change, or management transfer.
Transfers for this reason shall be given priority.
3. Pending an investigation into allegations
that the inmate is in fear of a staff member. The protection process outlined
in paragraph (3)(d), above, shall be utilized for this purpose. Paragraph
(3)(c) above shall not apply.
4.
Any other reason when the facts indicate that the inmate must be separated from
inmates in general population for the safety of any inmate or group of inmates
or for the security of the institution.
(f) When an inmate is received from another
institution when classification staff is not available to review the inmate
file and classify the inmate into general population, a senior correctional
officer or above has the authority to place the inmate into administrative
confinement. The length of time spent in administrative confinement for this
reason shall not exceed two working days. If the initial review suggests that a
further investigation is necessary prior to release, the inmate's status can be
changed to pending investigation or other status.
(4) Administrative Confinement Facilities.
(a) The number of inmates housed in an
administrative confinement cell shall not exceed the number of bunks in the
cell. The only exception to this policy is during an emergency situation as
declared by the warden or duty warden. The regional director of institutions
and the emergency action center in central office shall be advised of the
emergency. If the emergency situation exists in excess of 24 hours, the warden
or duty warden must get specific written authorization from the regional
director of institutions to continue to house inmates beyond the 24-hour
period. Prior to placing inmates in the same cell, the inmates shall be
reviewed by the housing supervisor to ensure that none of the inmates
constitute a threat to any of the others.
(b) All administrative confinement cells
shall be equipped with toilet facilities and running water for drinking and
other sanitary purposes. Water in the cell can be turned off when necessary due
to misbehavior. In such event, the inmate occupant shall be furnished with an
adequate supply of drinking water by other means to prevent dehydration. This
action shall be documented on Form DC6-229, Daily Record of Special
Housing.
(c) Prior to the placement
of an inmate into, and after the inmate's removal from, an administrative
confinement cell, it shall be thoroughly inspected to ensure that it is in
proper order and the inmate housed in that cell shall then be held responsible
for the condition of the cell. Form DC6-221, Cell Inspection, shall be used for
this purpose. Form DC6-221 is incorporated by reference in Rule
33-601.800, F.A.C. Routine
searches of each cell may be conducted at any time, but shall be conducted, at
a minimum, each time an inmate is removed from the cell for a shower. All
searches shall be documented on Form DC6-229, Daily Record of Special Housing.
All inmates shall be searched prior to entering the administrative confinement
unit and upon departure from the administrative confinement unit. All items
entering the administrative confinement unit shall be thoroughly searched,
including, at a minimum, food carts and trays, laundry and linens, and inmate
property.
(d) Administrative
confinement cells shall be physically separated from other confinement cells
whenever possible. Whenever such location is not possible, physical barriers
shall preclude the cross association of those inmates in administrative
confinement with those inmates in other housing statuses. The cell doors in
administrative confinement shall feature remotely controlled locking devices
whenever possible given the physical design of the institution or facility.
Administrative confinement cells shall be built to permit verbal communication
and unobstructed observation by staff. The officers assigned to an
administrative confinement unit shall exercise care to maintain the noise
within the unit to a reasonable level so as not to interfere with normal
operating activities of the unit or institution. Visual inspections shall be
conducted of each cell, including, at a minimum, observations to identify
clothes lines, pictures attached to the walls and lockers, windows or light
fixtures covered with paper, clothes, or towels, and air and heater vents that
have been obstructed. When sufficient natural light is unavailable, interior
cell lights shall be left on during day and evening hours.
(5) Conditions and Privileges.
(a) Clothing - inmates in administrative
confinement shall be provided the same clothing and clothing exchange as
inmates in general population unless there are facts to suggest that on an
individual basis exceptions are necessary for the welfare of the inmate or the
security of the institution. In such cases, the exceptions shall be documented
on Form DC6-229, Daily Record of Special Housing, and approved by the chief of
security. Shower slides may be substituted for regulation shoes. Any item may
be removed from the cell in order to prevent the inmate from inflicting injury
to himself, herself, or others or to prevent the destruction of property or
equipment. 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. Under no circumstances shall an inmate be left without a means to
cover himself or herself.
(b)
Bedding and Linens - bedding and linens for inmates in administrative
confinement shall be issued and exchanged in the same manner as is provided to
inmates in general population. Any exception shall be based on the potential
threat of harm to an individual or a potential threat to the security of the
institution. The shift supervisor or the confinement lieutenant must approve
the action initially. All exceptions shall be documented on Form DC6-229, Daily
Record of Special Housing, and the Chief of Security shall make the final
decision regarding the appropriateness of the action no later than the next
working day following the action.
(c) Personal Property - except as otherwise
stated herein, inmates shall be allowed to possess the same property as is
permitted inmates in general population unless there is an indication that
possession of such property poses a security risk, in which case removal or
denial of any property shall be documented on Form DC6-229, Daily Record of
Special Housing. An inmate in administrative confinement may possess a tablet
in accordance with Rule 33-602.900, F.A.C., and this rule. Inmates in
administrative confinement may not possess a Walkman-type radio or batteries.
Form DC6-220, Inmate Impounded Property List, designating what property was
removed personal items were removed, shall be completed by security staff and
signed by the inmate. The original shall be placed in the inmate's property
file and a copy of the form shall be given to the inmate. Form DC6-220 is
incorporated by reference in Rule
33-602.201, F.A.C. Inmates shall
be allowed to possess religious items pursuant to the provisions of Rule
33-602.201, F.A.C. All property
retained by the inmate must fit into the storage area provided.
(d) Comfort Items - inmates in administrative
confinement shall be permitted the same personal hygiene items and other
medically necessary or prescribed items as is permitted inmates in general
population unless an item poses a potential threat of harm to an individual or
a potential threat to the security of the institution. Inmates in
administrative confinement shall not possess any products that contain baby
oil, mineral oil, cocoa butter, or alcohol. In the event certain items that
inmates in administrative confinement are not normally prohibited from
possessing are removed, the senior correctional officer shall be notified and
must approve the action taken, or the item must be returned to the inmate. Any
action taken shall be recorded on Form DC6-229, Daily Record of Special
Housing, which must be reviewed by the Chief of Security. As noted above,
property receipts shall be given for any personal property removed. The
following comfort items shall be provided at a minimum: toothbrush, toothpaste,
bar of soap, towel or paper towels, toilet tissue, and feminine hygiene
products for women.
(e) Personal
Hygiene - inmates in administrative confinement shall meet the same standards
regarding personal hygiene as required of inmates in general population.
1. At a minimum, each inmate in
administrative confinement shall shower three times per week and on days that
an inmate works.
2. Any male inmate
who elects to be clean shaven shall be clipper shaved three times per week. Any
male inmate who elects to grow and maintain a half-inch beard shall have his
beard maintained in accordance with Rule
33-602.101, F.A.C. The
possession and use of shaving powder and battery-operated razors in
administrative confinement is prohibited.
3. Hair care shall be the same as that
provided to and required of inmates in general population.
(f) Diet and Meals - all inmates in
administrative confinement shall receive the same institutional meals as are
available to inmates in general population, except that if any item on the
regular menu poses a potential threat of harm to an individual or a potential
threat to the security of the institution, then another item of comparable
quality and quantity shall be substituted. Utilization of the special
management meal is authorized for any inmate in administrative confinement who
uses food or food service equipment in a manner that is hazardous to himself or
herself, staff, or other inmates. The issuance of a special management meal
shall be in accordance with Rule
33-602.223, F.A.C. Any deviation
from established meal service or substitutions shall be documented on Form
DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is
incorporated by reference in Rule
33-601.800, F.A.C., and Form
DC6-210 is incorporated by reference in Rule
33-602.210, F.A.C.
(g) Canteen Items - inmates in administrative
confinement shall be allowed to make canteen purchases once every other week.
Items sold to administrative confinement inmates shall be restricted when
reasonably necessary for institutional safety and security.
1. Inmates in administrative confinement
shall be allowed to purchase a maximum of four canteen food items. In making
this determination, it is the number of food items that is counted, not the
type of item. For example, three packages of cookies count as three items, not
one item.
2. Inmates in
administrative confinement shall be allowed to purchase a maximum of five
non-food canteen items. Stamps, envelopes, security pens, and notebook paper,
each count as one item. For example, three security pens shall count as one
item. Twenty-five stamps or fewer shall count as one item. Two packages or less
of notebook paper shall count as one item.
(h) Counseling Interviews - inmates in
administrative confinement shall be allowed out of their cells to receive
regularly scheduled mental health services as specified in an inmate's ISP
unless the inmate has displayed hostile, threatening, or other behavior during
the past four hours that could present a danger to others. For the safety and
security of individuals and the institution, security staff shall determine the
level of restraint required while inmates in administrative confinement access
services outside their cells.
(i)
Visiting - all visits for inmates in administrative confinement must be
approved in advance by the warden or designee. The warden or designee shall
notify the control room in writing when approval is given in advance of the
visitor arriving at the institution. Requests for inmates in administrative
confinement to visit shall be in writing to the ICT. Those inmates who are a
threat to the security of the institution shall be denied visiting privileges.
Attorney-client visits shall be in accordance with Rule
33-601.711, F.A.C., and shall
not be restricted except on evidence that the visit would pose a potential
threat of harm to an individual or a potential threat to the security of the
institution. The warden or designee shall determine whether a pre-approved
visit will be contact or non-contact based on one or all the criteria set forth
in Rule 33-601.735, F.A.C. Inmates in
administrative confinement are not allowed video visitation privileges as
provided for in Rule 33-602.901, F.A.C.
(j) Telephone - telephone privileges are
allowed for emergency situations, when necessary to ensure the inmate's access
to courts, or in any other circumstance when a call is authorized by the warden
or duty warden.
(k) Legal Access -
legal materials shall be as accessible to inmates in administrative confinement
as they are to inmates in general population as long as security concerns
permit. An inmate in administrative confinement may be required to conduct
legal business by correspondence rather than by a personal visit to the law
library if security requirements prevent a personal visit. However, all steps
shall be taken to ensure the inmate is not denied needed access while in
administrative confinement. Although the inmate may not be represented by an
attorney at any administrative hearing, access shall be granted for legal
visits at any reasonable time during normal business hours to the inmate's
attorney or aide to that attorney. Indigent inmates shall be provided paper and
writing utensils in order to prepare legal papers. Inmates who are not indigent
shall be allowed to purchase paper, security pens, and envelopes for this
purpose through a canteen order. An inmate with disabilities that hinder the
preparation of legal correspondence shall be allowed the use of auxiliary aids.
An inmate who is provided an auxiliary aid shall be allowed access to a
certified research aide for the purpose of preparing legal documents or legal
mail, or filing a grievance.
(l)
Correspondence - inmates in administrative confinement shall have the same
opportunities for correspondence that are available to inmates in general
population.
(m) Writing utensils -
inmates in administrative confinement may possess a maximum of four security
pens. Other types of pens and pencils shall be confiscated and stored until the
inmate is released from administrative confinement. Inmates who are in
possession of working pens or pencils when placed in administrative confinement
shall be issued a security pen. Inmates who are not indigent must purchase
additional pens when needed from the canteen. If security pens are unavailable,
the inmate shall be allowed to sign out a regular pen from the confinement
housing officer. All care shall be taken to ensure that an indigent inmate who
requests access to a pen in order to prepare legal documents or legal mail, or
to file a grievance with the Department has access to a pen for a time period
sufficient to prepare the legal documents, legal mail, or grievances. An inmate
who has been provided an auxiliary aid shall be allowed access to such for the
purpose of reading or preparing correspondence.
(n) Reading materials - inmates in
administrative confinement shall be provided access to admissible reading
material as provided in Rule
33-501.401, F.A.C., unless it
poses a potential threat to the safety, security, or sanitation of the
institution. If it is determined that there is a safety, security, or
sanitation risk, the items shall be removed. Such removal of reading materials
shall be documented on Form DC6-229, Daily Record of Special Housing, in
accordance with paragraph (9)(c) of this rule.
(o) Library - only one soft-back book at a
time may be checked out by inmates in administrative confinement. Books shall
be checked out once weekly, and inmates may possess no more than one book at
any given time. An inmate who receives services from the Bureau of Braille and
Talking Book Library shall be allowed to possess his or her tape player and
devotional and scriptural materials and any other books on tape that are in
compliance with the admissibility requirements in Rule
33-501.401, F.A.C. Inmates shall
be allowed to check out one book on tape per week and possess no more than one
at any given time. The actual number of tapes may be more than one per
book.
(p) Exercise - those inmates
housed in administrative confinement on a 24-hour basis, excluding showers and
clinic trips, may exercise in their cells. However, if confinement extends
beyond a 30-day period, an exercise schedule shall be implemented to ensure a
minimum of three hours per week of exercise out of doors. Such exercise periods
shall be documented on Form DC6-229, Daily Record of Special Housing. The ICT
is authorized to restrict exercise for an individual inmate only when the
inmate is found guilty of a major rule violation as defined in Rule
33-601.800, F.A.C. Inmates shall
be notified in writing of this decision and may appeal through the grievance
procedure. The denial of exercise shall be for no more than 15 days per
incident and for no longer than 30 days in cumulative length. If the inmate
requests a physical fitness program handout, the wellness specialist or the
confinement officer shall provide the inmate with an in-cell exercise guide and
document such on Form DC6-229, Daily Record of Special Housing. Medical
restrictions may also place limitations on the exercise periods. A disabled
inmate who is unable to participate in the normal exercise program shall have
an exercise program developed for him or her that will accomplish the need for
exercise and take into account the particular inmate's limitations.
Recreational equipment may be available for the exercise period provided such
equipment does not compromise the safety or security of the institution. The
reasons for any exercise restrictions shall be documented on Form
DC6-229.
(q) If items of clothing,
bedding, or property are removed in order to prevent an inmate from inflicting
injury to himself or herself or others, to prevent destruction of property or
equipment, or to prevent the inmate from impeding security staff from
accomplishing functions essential to the unit and institutional security, staff
shall re-assess the need for continued restriction every 72 hours thereafter.
The warden, based on this assessment, shall make the final determination on the
continued denial or return of the items. The items shall be returned to the
inmate when no further behavior or threat of behavior of the type leading to
the restriction is occurring.
(r)
Inmates in administrative confinement are permitted limited access to kiosks,
kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C.
Access shall be limited to free books and games, educational materials,
programs, religious materials, incoming secure mail with attachments, wellness
material, and scanned routine mail as defined in Rule
33-210.101,
F.A.C.
(6) Restraint and
Escort Requirements.
(a) Prior to opening any
cell for any purpose, including exercise, medical or disciplinary call-outs,
telephone calls, recreation, and visits, all inmates in the cell shall be
handcuffed behind their backs unless documented medical conditions require that
an inmate be handcuffed in front. In such cases, waist chains shall be used in
addition to the handcuffs.
(b) A
minimum of two officers shall be physically present at the cell whenever the
cell door is opened.
(c) Prior to
escorting an inmate from a cell, the inmate shall be thoroughly searched. If
the inmate is being taken outside the immediate housing unit, leg irons and
other appropriate restraint devices shall be applied.
(d) After the required restraints are
applied, the inmate has been thoroughly searched, and the cell door has been
secured, the second officer is authorized to leave the area.
(e) If two inmates are being escorted from
the same cell, both inmates can be escorted at the same time provided that the
second officer remains to escort the second inmate and no other movement is
occurring on the wing. During all other situations, only one inmate at a time
shall be escorted on each confinement wing.
(f) Any inmate who has demonstrated behavior
that is or could be harmful to himself or herself shall be designated as a
special risk inmate. If the inmate exhibits bizarre, mentally, or
self-destructive behavior, the medical department shall be immediately
contacted to determine if special watch or self-harm observation procedures
shall be initiated. Suicidal inmates shall be removed to a designated area
where a correctional officer or health care staff can provide observation.
Visual checks shall be made in accordance with medical protocols or at least
every 30 minutes and shall be documented on Form DC4-650, Observation
Checklist, until the inmate is no longer considered a special risk inmate. Form
DC4-650 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,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12601.
The effective date of the form is 01/21. All actions taken by staff regarding
special risk inmates shall be documented on Form DC6-229, Daily Record of
Special Housing, and Form DC6-210, Incident Report. Form DC6-210 is
incorporated by reference in Rule
33-602.210, F.A.C.
(g) Inmates in administrative confinement
utilized as housemen or orderlies shall be confined to their assigned cells
when not working.
(7)
Visits to Administrative Confinement.
(a) The
following staff members are required to officially inspect and tour the
administrative confinement unit. All visits by staff, other than the 30-minute
checks described in subparagraph (a)1., below, must be documented on Form
DC6-228, Inspection of Special Housing Record. Form DC6-228 is incorporated by
reference in Rule 33-601.800, F.A.C. The staff
member must also document his or her visit on Form DC6-229, Daily Record of
Special Housing, if any discussion of significance, any action or behavior of
the inmate occurs, or any important information is obtained that may have an
influence or effect on the inmate's status of confinement. These visits shall
be conducted at a minimum of:
1. At least
every 30 minutes by a correctional officer, but on an irregular schedule. These
checks must be documented on Form DC6-209, Housing Unit Log.
2. Daily by the housing supervisor.
3. Daily by the shift supervisor on duty for
all shifts except in the case of riot or other institutional
emergency.
4. Weekly by the Chief
of Security (when on duty at the institution or facility), except in the case
of riot or other institutional emergency.
5. Daily by clinical health care
personnel.
6. Weekly by the
chaplain. More frequent visits shall be made upon request of the inmate if the
chaplain's schedule permits.
7.
Weekly by the warden and assistant wardens.
(b) Classification officers must visit each
inmate on his or her caseload each week and document the visit on the Form
DC6-229, Daily Record of Special Housing. The classification officer must
record the inmate's status, upcoming reviews, issues, discussions of
significance, action or behavior of the inmate, or any other important
information that may have an influence or effect on the inmate's status of
confinement.
(8) Review
of Administrative Confinement.
(a) An ICT
member shall review the cases of inmates in administrative confinement every
week. The goal shall be toward returning the inmate to general population as
soon as the facts of the case indicate that this can be done safely.
(b) Any inmate assigned to administrative
confinement for more than 30 days shall be given a psychological screening
assessment by a mental health professional to determine his or her mental
condition. The assessment shall include a personal interview if determined
necessary by the mental health professional. All such assessments shall be
documented in the mental health record. The psychologist or psychological
specialist shall prepare a report to the ICT regarding the results of the
assessment with recommendations. The ICT shall then make a decision regarding
continuation of confinement. If the decision is to continue confinement, a
psychological screening assessment shall be completed at least every 90 days
period.
(c) If an inmate is housed
in administrative confinement for more than 30 days, the ICT shall interview
the inmate and prepare a formal assessment and evaluation report. A formal
assessment and evaluation report must be prepared after each consecutive 30-day
period the inmate is housed in administrative confinement. Such reports may be
in a brief paragraph form on the Classification Log in OBIS detailing the basis
for confinement, what has transpired since the last report, the decision
concerning continued administrative confinement, and the basis for that
decision.
(d) The SCO at the next
onsite visit shall review such reports and may interview the inmate before
determining the final disposition of the inmate's administrative confinement
status.
(9)
Administrative Confinement Records.
(a) Form
DC6-229, Daily Record of Special Housing, shall be maintained for each inmate
as long as the inmate is in administrative confinement. Form DC6-229 shall be
utilized to document any activity such as cell searches, items removed,
showers, recreation, haircuts, and shaves, and unusual occurrences such as
refusal to come out of a cell or refusal to eat. If items that inmates in
administrative confinement are not prohibited from possessing are denied or
removed from the inmate, the shift supervisor or the confinement lieutenant
must approve the action initially. The central office ADA coordinator shall be
contacted within 24 hours if any item is removed that would be considered an
auxiliary aid or device that ensures a disabled inmate an equal opportunity as
a non-disabled inmate. The items denied or removed shall be documented on Form
DC6-229 and the Chief of Security shall make the final decision regarding the
appropriateness of that action no later than the next working day following the
action. The housing supervisor shall make a notation of any unusual occurrences
or changes in the inmate's behavior and any action taken. Changes in housing
location or any other special action shall also be noted. Form DC6-229 shall be
maintained in the housing unit for 30 days, at which time the form shall be
forwarded to the ICT for review. Once reviewed, these forms shall be forwarded
to classification to be filed in the institutional inmate record.
(b) Form DC6-229B, Daily Record of Special
Housing - Supplemental, shall be completed and attached to the current Form
DC6-229, Daily Record of Special Housing, whenever additional written
documentation is required concerning an event or incident related to the
specific inmate. Form DC6-229B is incorporated by reference in Rule
33-601.800, F.A.C.
(c) Form DC6-228, Inspection of Special
Housing Record, shall be maintained in each administrative confinement unit.
Each staff person shall sign such record when entering and leaving the
confinement unit. Prior to leaving the confinement unit, each staff member
shall indicate any specific problems including any inmate who requires special
attention. No other unit activities shall be recorded on Form DC6-228. Upon
completion, Form DC6-228 shall be maintained in the housing unit and forwarded
to the Chief of Security on a weekly basis where it shall be maintained on file
pursuant to the current retention schedule.
(d) Form DC6-209, Housing Unit Log, shall be
maintained in each confinement unit. Officers shall record all daily unit
activities on Form DC6-209, including any special problems or discrepancies
noted. The completed Form DC6-209 shall be forwarded daily to the chief of
security for review.
(10)
Staffing Issues.
(a) Officers assigned to a
confinement unit shall be reviewed at least every 18 months. The shift
supervisor or confinement lieutenant shall initiate the review by having the
officer complete section I of Form DC6-295, Special Housing Unit Rotation
Review. Form DC6-295 is incorporated by reference in Rule
33-602.222, F.A.C. The
supervisor shall conduct an interview with the officer and complete section II
of Form DC6-295 and forward the form to the chief of security. The chief of
security shall review personnel records, including performance appraisals,
incident reports, use of force reports, and any other documentation relevant to
the officer's assignment and job performance, and interview the officer and
officers' supervisors for the period of review when necessary. The chief of
security shall, upon completion of his or her review, complete section III of
Form DC6-295 and forward the recommendation to the warden. The warden shall
review the recommendation, request additional information if necessary, and
make the final determination as to whether the officer continues in the current
assignment or is rotated to another assignment. The warden's decision shall be
documented in section VI of Form DC6-295 and returned to the chief of security
for action. The chief of security shall maintain the completed Form DC6-295.
Any officer assigned to a confinement post shall be authorized a minimum period
of five days annual leave or a five-day assignment to a less stressful post
every six months.
(b) The Inspector
General shall notify the warden and regional director of institutions of any
officer involved in eight or more use of force incidents in an 18-month period.
The regional director of institutions shall review the circumstances for
possible reassignment of the officer.
Notes
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.241, 945.04 FS.
New 4-7-81, Amended 6-23-83, 3-12-84, Formerly 33-3.081, Amended 4-22-87, 8-27-87, 7-10-90, 12-4-90, 3-24-97, 4-26-98, 10-5-98, Formerly 33-3.0081, Amended 2-12-01, 2-5-02, 1-19-03, 4-1-04, 3-5-06, 10-31-06, 4-8-08, 6-25-08, 6-8-09, 7-5-10, 10-7-12, 3-6-14, 8-17-16, 1-18-21, 6-1-21, 10-6-22.
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