33-601.602: Community Release Programs
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to set forth requirements regarding: contract work release centers; use of electronic data systems; provision of orientation; work hours and travel time; transportation and transportation costs; subsistence payments; advance of funds; and collection of unpaid advancements. In addition, the proposed rule and Form DC6-127, Checklist for Transfers to Work Release Centers, are amended to correct program names, delete obsolete information and amend criteria for eligibility.
SUMMARY: Amends the rule to provide for the use of contract community work release centers; require the use of electronic data system to record inmates’ community work release information at those facilities where system is operable; require that orientation occur within 3 days of arrival at a community work release center; require that inmate work release employment be full time for at least 40 hours per week; expand allowable travel time from one to two hours and expand allowable center departure time from 6 a.m. to 5 a.m.; allow for the use of center transportation to an employment site by inmates at contract work release facilities; specify transportation costs (no more than $3.00 each way) and obligations for contract work release facilities; provide that inmates at contract work release centers are responsible for transportation costs as described in the contract with the vendor; increase the amount of subsistence to be paid from 45% to 65% of the inmate’s net earnings; allow for the advancement of funds by the facility to inmates at contract facilities for work needs and delete provisions allowing similar advancement of funds by the department from the general revenue fund; require that disciplinary action be taken to initiate collection of unpaid portion of advancements; and amend DC6-127, Checklist for Transfers to Work Release Centers, to correct program names, delete obsolete information and amend some criteria for eligibility.
SUMMARY 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: 945.091 FS.
LAW IMPLEMENTED: 945.091 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: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.602 Community Release Programs.
(1) Definitions.
(a) through (h) No change.
(i) Work Release Inmate Monitoring System (WRIMS) – A web site application used by work release facility staff to record information related to an inmate’s participation in community work release.
(2) Inmate Conduct While on Community Release.
(a) During the inmate orientation process, which shall occur within three days of arrival at a community work release center, inmates will be instructed of the following conduct requirements. Upon completion of the orientation program, the inmate shall be given a Certificate of Orientation, Form DC6-126. Form DC6-126 is incorporated in subsection (16) of this rule.
1. Directly and promptly proceed to and return from their destination using the approved method of transportation and route designated by the correctional officer major or facility program director of a contract facility.
2. through 9. No change.
10. Do not enter into any contract without advance written approval of the correctional officer major or facility program director of a contract facility.
(b) An inmate with community release privileges shall not operate any motor vehicle of any kind unless previously authorized to do so by the correctional officer major or facility program director of a contract facility, and in the event of such authorization, shall operate the specified motor vehicle only for the limited purpose for which authorization was given.
(c) No change.
(d) The work release center classification officer or contract facility counselor shall complete a Personalized Program Plan for Work Release Centers, Form DC6-118A, on all inmates assigned to the work release center within 14 days of receipt of the inmate at the center. Form DC6-118A is incorporated by reference in subsection (16) of this rule. The completed personalized program plan shall be signed by the inmate, the classification officer and the correctional officer major or the facility counselor and facility director at contract facilities. Once the personalized program plan is signed, it shall be given to the staff member assigned to work with the inmate. Any changes in the personalized program plan shall be discussed with the inmate and shall be documented on Form DC6-118B, Personalized Program Plan – Modification Plan. Form DC6-118B is incorporated by reference in subsection (16) of this rule. The inmate’s progress towards achieving the goals of the personalized program plan shall be reviewed bi-weekly with the inmate. The outcome of each review shall be documented on Form DC6-118C, Personalized Program Plan – Biweekly Progress Review or shall be entered into WRIMS at those facilities at which the system is operational. A copy of the Personalized Program Plan shall be printed form WRIMS and given to the inmate. Form DC6-118C is incorporated by reference in subsection (16) of this rule. Staff are authorized to schedule subsequent progress reviews upon request of the inmate.
(e) When the inmate is ready for release a Transition Release Plan, Form DC6-118D, shall be completed in order to assist the inmate in his or her release plans or the plan information shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-118D is incorporated by reference in subsection (16) of this rule.
(3) through (6) No change.
(7) Employment.
(a) Employment sought must be full time employment for at least 40 35 hours per week.
(b) through (e) No change.
(f) If the department authorizes paid employment for an inmate with a given employer and subsequently receives and verifies information that the inmate is not being treated by the employer in a manner comparable to other employees, the correctional officer major or facility director will remove the inmate from such employment with that employer.
(g) The prospective employer shall sign an Employer’s Community Work Agreement, Form DC6-124. Form DC6-124 is incorporated by reference in subsection (16) of this rule. Inmates engaged in paid employment are not considered an employees of the state or the department while engaging in or traveling to and from such employment.
(h) through (i) No change.
(j) Facility personnel shall visit the inmate’s place of employment for new employers within the first five working days to verify employment. Documentation of on-site employment verification shall be placed in the inmate’s file by utilizing Form DC6-125, Employment Contacts, or shall be entered into WRIMS at those facilities at which the system is operational. Form DC6-125 is incorporated by reference in subsection (16) of this rule.
(k) There shall be a minimum of three employment contacts per inmate per month by facility personnel to substantiate attendance and discuss any problems that may have arisen. Two of the contacts shall be accomplished either through telephone calls or site visits to the inmate’s place of employment, and documentation of the contacts shall be made on Form DC6-125, Employment Contacts, or shall be entered into WRIMS at those facilities at which the system is operational. One of the three monthly contacts shall be a personal on-site job check. The documentation of the contacts shall be made on Form DC6-125 and placed in the inmate’s file or shall be entered into WRIMS at those facilities at which the system is operational for future reference.
(l) Facility personnel shall establish a primary and secondary job contact person at all employment sites. The primary and secondary contact person shall be named on Form DC6-125, Employment Contacts or shall be entered into WRIMS at those facilities at which the system is operational.
(m) The employer shall provide a current work schedule for the inmate to the work release center each week prior to the inmate being allowed to depart for work. The inmate’s work schedule shall be entered into WRIMS at those facilities at which the system is operational.
(n) All inmates employed in the community shall return to the facility no later than 12 midnight. Inmates will not be authorized to leave the facility to work in the community between 12 midnight and 5 6 a.m. unless an exception is made. Any exceptions must be reviewed and approved on a case by case basis by the warden over the work release center. No exceptions will be approved unless it is determined that the risk to the community is minimal, and the earning potential and rehabilitative benefits which the job offers the inmate are substantial.
(8) No change.
(9) Transportation.
(a) Transportation for inmates engaged in community release programs shall be secured by the following means:
1. Employer furnished transportation;
2. Public transportation;
3. Transportation provided by a family member;
4. Bicycling; or
5. Walking; or
6. Center provided transportation at contract work release facilities only.
(b) Contract Work Release Facilities:
1. Are authorized to assess a transporation fee from community release inmates not to exceed $3.00 each way for transportation provided by the contract work release center except as provided in subparagraph (b)3. below.
2. Inmates will utilize transportation authorized in paragraph 33-601.602(9)(a), F.A.C., unless the warden over the work release center determines for public safety reasons another means of transportation is necessary.
3. Will provide at not cost to the department or the inmate, transporation within the community for medical or mental health services, religious services (if not provided at the work release center), attendance at substance abuse group meetings or for shopping.
(c)(b) In order to ensure that inmates are not working long distances from the center, the warden over the work release center shall establish maximum boundaries for employment sites by center geographic location. The maximum boundaries shall not exceed two one hours travel time to the employment site from the facility unless an exception has been granted. Any exceptions must be reviewed and approved on a case by case basis by the warden over the work release center, who shall assess whether the rehabilitative benefit to the inmate outweighs risks to public safety.
(10) Disbursement of Earnings.
(a) No change.
(b) Once an inmate is approved for paid employment, facility personnel, in consultation with the inmate, will establish a plan for the disbursement of earnings, based upon the needs, responsibilities, and financial obligations of the inmate. No change will be made in this plan of disbursement without the approval of the correctional officer major or facility director.
(c) No change.
(d) The inmate shall be required to disburse such funds to pay the facility for subsistence at the following rates:
1. No change.
2. For all other inmates the amount of subsistence to be paid will be computed by factoring .65 (65%) .45 (45%) times the inmate’s net earnings.
(e) through (h) No change.
(i) The inmate shall be responsible while in paid employment status for the following:
1. If transportation is provided by the department, the inmate shall be required to pay $1.00 for every day one-way transportation is provided or $2.00 for two-way transportation.
1.2. Health, comfort items, and incidental expenses.
2.3. Medical and dental expenses, unless waived by the regional health authority.
3. Transportation costs at contract work release facilities as stipulated by the vendor contract, but not to exceed three dollars ($3.00) each way.
4. Tools, equipment, and clothing needed for employment.
(j) through (l) No change.
(11) No change.
(12) Advance of Funds. The facility director at contract work release centers Department of Corrections is authorized by contract to advance monies up to $75.00 to from the General Revenue Fund for an inmate who needs money for clothing, equipment, tools, transportation or incidental expenses in order to begin working at paid employment. The financial plan for the disbursement of the inmate’s earnings prepared, as provided in subsection 33-601.602(10), F.A.C., shall provide for the repayment of any such advancement of monies from the inmate’s earnings. If the inmate’s employment is terminated or if for any other reason the advancement of monies is not repaid from the inmate’s earnings, the advancement of monies remains a personal obligation of the inmate. Disciplinary action pursuant to Rule 33-601.314, F.A.C., shall be initiated and, after suitable proceedings to ensure due process for the collection of any unpaid portion of the advancement, other sources of funds available to the inmate shall be taken to the extent possible to satisfy the advancement of monies. Any property the inmate has with the department shall be taken to satisfy the debt, provided that before any property is taken, the inmate shall be given a hearing before the classification team to determine the fact and the amount of the debt. The inmate shall be given 24 hours written notice of such hearing. The inmate shall be allowed to present relevant evidence and argument. All or part of the discharge gratuity as provided in Rule 33-601.502, F.A.C., shall be taken, but only if the Department of Corrections finds that such action will not jeopardize the inmate’s ability to transition himself into the community.
(13) Citizen Committees. The correctional officer major of a work release center or facility director of a contract facility shall establish committees of volunteer citizens in the various communities of the state to assist the Department of Corrections by:
(a) through (e) No change.
(14) Program Facilities.
(a) The department is authorized to utilize any facility, including a contract facility, under its jurisdiction to provide community work release programs to inmates.
(b) through (c) No change.
(15) No change.
(16) Forms. The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, Office of Research, Planning and Support Services,
(a) through (h) No change.
(i) DC6-127, Checklist for Transfers to Work Release Centers, effective ________ 3-14-01.
(j) No change.
Specific Authority 945.091 FS. Law Implemented 945.091 FS. History–New 12-7-97, Amended 4-13-98, 10-20-98, Formerly 33-9.023, Amended 3-14-01, 9-2-01, 10-27-03, 3-2-04, 10-28-04, 2-7-05,________.