33-602.101: Care of Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide consistency regarding inmate uniforms.
SUMMARY: The proposed rule identifies what constitutes class A, B, and C uniforms for inmates; when inmates shall wear class A uniforms; when inmates are permitted to wear class B and C uniforms; which items may be worn when weather dictates. The proposed amendment will allow for the transfer of jackets with an inmate when weather dictates and requires that all inmates, male and female, maintain a clean shaven appearance. The rule is also amended for clarity.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.09, 945.215 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.001 Care of Inmates.
(1) No change.
(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with Department rules, procedures, and institution policy.
(a) Class Uniforms will be as follows:
1. The male Class A uniform shall require the following:
a. The ID card shall be worn as required in paragraph (2)(j),
b. State issued outer shirt,
c. State issued pants,
d. T-shirt under outer shirt (permissible but not required to be worn underneath buttoned state issued outer shirt),
e. Under shorts,
f. State issued web belt (except for state issued pants with elastic waistband not requiring a belt),
g. Socks, and
h. Footwear (including state issued canvas shoes, work boots, or approved medically necessary footwear).
2. The female Class A uniform shall require the following:
i. State issued outer shirt, T-shirt under outer shirt (permissible but not required to be worn underneath buttoned state issued outer shirt), state issued pants, and state issued web belt (except for state issued pants with elastic waistband not requiring a belt);
ii. State issued dress, fully buttoned, with slip (dress shall not be worn in visitation or for work squad assignments including food service), T-shirt under dress (permissible but not required to be worn underneath buttoned state issued dress); or
iii. Pregnant inmates may wear maternity dresses.
b. Bra or athletic bra,
e. Footwear (including state issued canvas shoes, work boots, or approved medically necessary footwear).
3. The Class B uniform shall be the same as the Class "A" uniform with the following modifications:
a. State issued outer shirt is not required,
b. Footwear (includes authorized athletic shoes, state issued canvas shoes, work boots, or approved medically necessary footwear).
4. The Class C uniform shall require the following:
b. Pants or authorized athletic shorts,
c. Under shorts (for male inmates) or panties and bra or athletic bra (for female inmates,
e. Foot wear (including authorized athletic shoes, state issued canvas shoes, work boots, or approved medically necessary footwear).
5. The following items are authorized to be worn with the Class A, B, or C uniforms when weather conditions dictate:
a. Sweatshirt under the state issued outer shirt,
b. Jacket, raincoat, or poncho,
c. Thermal underwear (except under authorized athletic shorts), or
d. Either a state issued hat or hat available from the canteen may be worn when outdoors.
(b) General Clothing Regulations: The following general clothing regulations will not supersede the clothing or uniform requirements or allowances for inmates in Close Management, Disciplinary Confinement, Administrative Confinement, Work Release or Community Release inmates contained in other rules. Work release inmates shall wear civilian clothing as required by Rule 33-601.602, F.A.C.
1. The Class A uniform for males and females shall be worn as follows:
a. Monday through Friday during the hours of 8:00 A.M. and 5:00 P.M. while the inmate is on duty,
b. While on work detail, except as work supervisors authorize as needed for a particular work detail in subparagraph (2)(b)10.,
c. When at the library,
d. When at medical,
e. When at food service,
f. All call-outs,
g. For special programs,
h. For visitation, and
i. At any other time when a class B or C uniform or other clothing is not specifically allowed by this or other rule.
2. The class B uniform for males and females may be worn as follows:
a. Off-duty hours,
b. While in the dormitory off-duty,
c. While participating in authorized recreational activities,
d. While on the recreational field,
e. To and from the recreational field.
3. The class C uniform for males and females may be worn as follows:
a. While in the dormitory off-duty,
b. While participating in authorized recreational activities,
c. While on the recreation yard and movement to and from the recreation yard, and
d. Inmates shall be allowed to wear athletic shorts to the inmate canteen only in those cases where inmates are allowed to go to the inmate canteen directly from the recreation yard.
4. All items of clothing shall be worn as issued and designed to be worn and shall not be altered or defaced in any manner, except for a small (less than 1/2") DC number patch for identification.
5. Shirts shall be buttoned at all times, except for the collar, which is optional. Shirts shall be tucked into the inmate’s pants at all times. Pregnant inmates are not required to tuck in their shirts where doing so would be impracticable or impossible. Dresses must be fully buttoned.
6. Inmates shall wear either shorts, pants, (or females may wear a dress or pajamas with a robe fully buttoned) any time inmates are not in their beds. Pants shall be completely buttoned before exiting the dormitory. The waist of pants and shorts shall be worn above the buttocks, around the natural waist.
7. Male inmates shall wear, at minimum, underwear while sleeping. Female inmates shall wear, at minimum, either pajamas or shorts and a t-shirt while sleeping.
8. Inmates shall wear shoes when they are outside their cells unless they are going to or from the showers. Shower slides shall not be worn outside an inmate’s dormitory except as medically approved.
9. No hats shall be worn inside, except as stated for religious reasons and shall be removed from the head when passing through any gate area. Skull caps of any kind are prohibited.
10. The departmental supervisor is authorized to specify that certain type clothing be issued as conditions dictate. For safety purposes, work supervisors are authorized to allow modifications to the inmate Class A uniform to perform a specific task; when the task is completed, inmates must return to proper Class A uniforms.
(a) through (b) renumbered (c) through (d) No change.
(c) A transferring inmate may, when transferred, take one issue of state clothing, to include a jacket when weather conditions indicate the need, and all personal clothing. Transfers to contract work release facilities, contract drug facilities, and female community correctional centers via public transportation shall be made with personal clothing. An inmate’s personal clothing, for purposes of transfer or upon release, may be supplied by the inmate, the inmate’s family, or from available surplus clothing.
(d) No change.
(e) Civilian clothing, when available from family members or from surplus clothes closets, may be used by the inmate for court appearances, furloughs, funerals, and other circumstances, including release, as authorized by the warden. Civilian clothing is required for inmates at work release centers and shall be worn as designated by Rule 33-601.602, F.A.C.
(f) though (g) renumbered (h) through (i) No change.
(h) The ID card shall be displayed on the tab designed for identification card display located on the right side of the shirt (male) or on the collar of the blouse (female). In those circumstances in which an inmate is not wearing an upper garment, the inmate is responsible for securing the ID card on his or her person. Once the special circumstance is over, the ID card shall again be displayed on his or her the shirt or blouse.
(i) Once an ID card has been issued to an inmate, the inmate shall be held responsible for the proper handling of the ID card. (j) Inmates shall not wear athletic shorts authorized for possession and purchase through the institutional canteen outside their assigned housing units except as authorized below: 1. Inmates shall be allowed to wear athletic shorts on the recreation yard and for movement to and from the recreation yard; 2. Inmates shall be allowed to wear athletic shorts to the inmate canteen only in those cases where inmates are allowed to go to the inmate canteen directly from the recreation yard.
(3) No change.
(4) For security and identification purposes, no inmate shall be permitted to have his or her hair, to include eyebrows and facial hair, dyed, cut, shaved or styled according to fads or extremes that would call attention to the inmate or separate inmates into groups based upon style. This would include, for example, tails, woven braids, cutting, sculpting, clipping or etching numbers, letters, words, symbols or other designs into the hair. Male inmates shall have their hair cut short to medium uniform length at all times with no part of the ear or collar covered. Male inmates shall be permitted to shave their entire heads in a uniform manner unless the inmate is using his hairstyle or lack thereof to demonstrate gang affiliation or otherwise pose a threat to institutional security. Partial shaving of the head in a Mohawk or other distinctive style shall not be permitted. Sideburns shall not extend beyond the bottom of the earlobes and will have straight lines with no flare at the base. All
male inmates shall be clean shaven, provided, however, that an exemption from this requirement shall be granted on the basis of a medical diagnosis when it is determined by the staff physician that shaving would be detrimental to the inmate’s health. Inmates granted a medical exemption from the shaving requirement may be required to keep their facial hair closely trimmed with scissors or clippers. For the purposes of this rule, “closely trimmed” means trimmed so that no part of the facial hair exceeds the length prescribed by the physician as necessary to prevent the appearance or reappearance of skin disorders. If no specific length is prescribed, then facial hair shall be kept trimmed to within one-quarter inch. An inmate who has been granted a shaving exemption shall maintain the written exemption on his person at all times when outside the assigned housing unit.
(5) No change.
(6) through (11) No change.
Specific Authority 944.09, 945.215 FS. Law Implemented 944.09, 945.215 FS. History–New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07,_________.