33-603.101 Use of Committed Name.
(1)(a) In order to avoid conflicts in mailing and visiting privileges, as well as to assist inmates in making bank and canteen transactions and ensure timely delivery of legal documents, and to provide staff with a consistent means of inmate identification for security and daily institutional operation purposes, each inmate shall be recognized by the department under the name on the initial commitment under which the inmate was received. The committed name shall be obtained from the information or indictment page of the commitment package, not from the uniform commitment to custody cover sheet. For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the earliest imposed case. For multiple cases imposed on the same date, commitments are arranged according to service of the sentences or sequential order as directed by the sentencing court and the committed name is the name on the information page of the first imposed case as so designated. For multiple cases imposed on the same date where the order of sentencing cannot be determined, the cases are arranged numerically and the committed name is the name on the information page of the commitment with the lowest case number. This name shall be the inmate’s official identification throughout the continuous incarceration of the inmate on that sentence or combined sentences and must be included on any official document sent or received by the inmate except as provided in subsection (3), below.
(b) The department shall register any known aliases on the inmate’s record and shall also designate on the record which name is the inmate’s true or legal name if this information is available. If an inmate’s true or legal name is not the committed name, the inmate shall be permitted to use the true or legal name on documents and mail so long as the committed name and DC number appear first, followed by the true or legal name.
(c) Legal Religious Names.
1. Upon request of an inmate to include a legal religious name to the inmate identification card, the warden or facility head shall forward the request and supporting documentation to the Office of the General Counsel for verification that the inmate’s name has been legally changed for religious reasons through court order, birth certificate or other legally acceptable documentation. When verification is complete, the Office of the General Counsel shall notify the warden or facility head in writing.
2. The institution or facility shall affix a label to the reverse side of the inmate identification card which bears the following:
This is to certify that the legal religious name of inmate DC# ________ is
[INSERT LEGAL RELIGIOUS NAME]
__________________________________________
[Signature] Warden or Facility Head, Name of Facility
3. A legal religious name change does not require that the department alter official records; the inmate’s committed name shall be used for all department business.
(d) Nothing in this rule prohibits issuance of an educational or vocational certificate in the inmate’s true or legal name providing that the office issuing such certificate provides a photocopy of the certificate to be placed in the inmate’s institutional file and such copy also reflects the inmate’s committed name and identification number.
(2) Incoming and outgoing mail shall be processed in accordance with Rules 33-210.101 and 33-210.102, F.A.C.
(3) An inmate who has litigation pending which was filed under a name other than the official name shall be responsible for notifying the institution or facility mailroom in writing of the name under which litigation is pending. Incoming legal mail addressed to an inmate under a name other than the official committed name shall be forwarded to the inmate if the inmate has notified the mailroom of pending legal actions under this name. If there is no record of such notification by the inmate, the mailroom shall request that the appropriate institutional office check the offender information system for identification of the addressee. If such effort fails to reveal proper identification, the mail shall be returned to the sender with appropriate notations that the addressee could not be identified.
(4) An inmate who desires to have a document or documents notarized under a name other than the official committed name shall advise the notarizing officer in writing at least three working days prior to requesting such notarization. The notice shall specify the name under which the inmate plans to sign. The notary shall review the inmate’s record to confirm that the name is a true or legal name or a known alias. If there is no record of the name in the institutional file, or the inmate cannot provide identification or documentation that the name is either his or her true or legal name, or that there is a legal action pending involving the inmate under such name, the officer shall not notarize the signature. Following production of such identification or documentation, the notary shall notarize the document and indicate the manner by which the inmate was identified. If the inmate has obtained a legal religious name change and wishes to have documents notarized under this name, the legal religious name affixed to an inmate identification card shall be sufficient for purposes of provision of notary services unless there is a reason to believe that the information has been forged or altered.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 9-30-93, Formerly 33-6.0012, Amended 4-29-02, 5-20-03, 7-7-05, 12-12-06.
33-603.201 Transfer of Inmates.
(1) For the purposes of this rule “transfer” shall mean the reassignment and movement of inmates from one institutional facility to another. “Transfer” does not include such movement as may be required for the normal operations of the Department such as outside trips sponsored by religious, Jaycee and Alcoholics Anonymous groups and trips by work and maintenance crews. In emergency situations medical records will be transferred with the inmate except that in emergencies such as the evacuation of a facility, the medical records will be boxed together with all records going to one location and forwarded to the receiving institution(s) with the inmates or as soon as possible. In such emergencies, individual packaging of medical records is waived. Local procedures shall be established to ensure that appropriate facility staff have access to the institutional inmate record during weekends, holidays, and after normal business hours. Such procedures shall ensure that the security of the record is not compromised and that accountability for the record is maintained in the event that access is required other than during normal working hours. Following an emergency transfer, all other sub-files, such as the visiting record, educational record, property record, etc., shall be forwarded by the sending facility within 72 hours following the transfer.
(2) In order to ensure coordination in the operation of the transfer system, ensure the safety of the public, employees and inmates and to maintain proper security practices, a qualified officer must be in charge of each transfer. This rule shall also apply to work release centers except when inmate drivers are involved.
(3) All Department employees transferring inmates shall be certified as Correctional Officers. Transfer officers must also comply with the specific requirements outlined in Chapter 316, F.S.
(4) The transfer officer shall be responsible for maintaining schedules approved by the Bureau of Security Operations, Population Management, supervising and instructing additional personnel assigned, guarding inmates, maintaining order and discipline and ensuring the secure and safe custody of inmates being transferred.
(5) The transfer vehicle must be maintained in accordance with the guidelines set forth in Chapter 316, F.S., and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication.
(6) The transfer officer shall ensure that the transfer orders, commitment papers or other documents authorizing transfers are in order prior to the boarding of inmates. Each inmate must be properly identified by the transfer officer prior to assuming or relinquishing supervision and control of the inmate. The transfer officer shall verify the identity of law enforcement agencies and their representatives prior to releasing an inmate into their custody.
(7) The transfer officer shall ensure that all inmates are searched prior to boarding the transfer vehicle. Searches shall be conducted by or under the direct supervision of the transfer officer when assistance is obtained form the institution.
(8) In addition, if there is any indication that an inmate who is to be transferred is not in good physical or mental condition, the transfer officer shall secure the advice of the institution physician before beginning the trip. Transfer of an inmate who is ill or injured shall be undertaken based on the advice of the Chief Health Officer on duty. The Chief Health Officer shall determine if medical staff are to accompany the inmate while being transferred. If he does decide that medical staff need to accompany the inmate, he must assign this staff.
(9) In transferring any death row, close management, or disciplinary confinement inmate, or any inmate determined by the Chief of Security to be a high-risk inmate, the following shall be required:
(a) Communication between the two vehicles is essential and is required between both vehicles and the home station.
(b) Specific written instructions will be provided from the transportation section of the Bureau of Security Operations, Population Management.
(10) The transfer officer shall conduct a head count of inmates prior to departure and maintain continuing checks while en route and upon arrival at the receiving institution.
(11) If stops occur within the secure confines of an institution and inmates remain on board the vehicle, the vehicle shall be parked so that the institution can provide proper supervision before the transfer officer leaves the vehicle.
(12) Manpower requirements shall vary depending upon the mode of transfer, the distance to be traveled and the type and number of inmates. Each situation must be thoroughly evaluated by the Chief of Security or shift supervisor prior to departure and appropriate personnel assigned.
(13) Female inmates, when being transferred on the same vehicle as male inmates, shall be physically separated from the male inmates by security screens and other security measures.
(14) A reasonable number of stops shall be made in order for inmates to utilize toilet facilities. Proper security shall be provided inmates when utilizing toilet facilities on or off the transfer vehicle.
(15) Use of firearms shall be in accordance with Rule 33-602.210, F.A.C.
(16) If an inmate escapes while being transferred, the transfer officer shall exhaust all resources immediately available to him in apprehending the inmate and then take immediate action to contact the nearest law enforcement agency. As soon as possible, the transfer officer shall notify his supervisor of the escape and give an oral report of the incident. When the local law enforcement agency no longer requires assistance, the transfer officer shall continue with his duties. Under no circumstances shall supervision of other inmates be relaxed in order to pursue an escaping inmate.
(17) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Security Operations, Population Management. The Bureau of Security Operations, Population Management shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations.
(18) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within the beyond the limits of this state. In addition to the provisions found in Section 944.597, F.S., the following contractual requirements are also applicable to private transport companies:
(a) Transfer officers whose driver’s license is issued by the state of Florida shall comply with the licensure provisions contained in Chapter 322, F.S. Transfer officers whose driver’s license is issued by another state shall comply with the licensure provisions of that state.
(b) Each motor vehicle registered and licensed by a transport company in the state of Florida shall comply with the provisions of chapter 320, Florida Statutes (Motor Vehicle Licenses) and Chapter 324, F.S. (Financial Responsibility). Each motor vehicle registered and licensed by a transport company in another state shall comply with the applicable motor vehicle licensure and financial responsibility laws of that state. Every motor vehicle operated by a transport company for the transfer of inmates shall comply with all inspection and safety requirements of the state where the vehicle is registered. Each motor vehicle operated for the purpose of transporting inmates shall be routinely inspected by the operator, maintained, and mechanically safe for the transfer.
(c) Failure to report incidents, falsification of reports, coercing or attempting to coerce others not to report or to falsify reports may result in appropriate criminal penalties and cancellation of the contract.
(d) Correctional administrators will refuse to release death row, close custody, or other high-risk inmates to a private transport company or other law enforcement agencies that do not have an armed officer assigned or who do not provide a secure vehicle for transport. In these situations, the institution will:
1. Refuse to release the inmate and advise the transport company or law enforcement officer to stand by.
2. Contact the Population Management section of the Bureau of Security Operations during normal working hours.
3. On weekends, holidays, or after normal working hours, contact the Emergency Action Center which will notify appropriate central office staff.
4. Population Management staff will contact the on duty supervisor for the private transport agency or law enforcement agency involved and advise him or her of the specific concern. This will be documented and the results of this contact relayed to the involved institutional staff providing specific directions regarding release.
Rulemaking Authority 944.09 FS. Law Implemented 944.597 FS. History–New 7-12-86, Amended 5-21-92, 1-6-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01, 3-27-08, 7-15-18.
33-603.401 Gain Time – Definitions.
(1) Basic Gain Time Deductions from sentence determined by the length of sentence and awarded in a lump sum upon commitment to the department.
(a) An inmate whose offense occurred prior to July 1, 1978, will have basic gain time deducted in accordance with Section 944.27, F.S. (1977).
(b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law will have basic gain time deducted in accordance with Section 944.275, F.S. (1983).
(2) Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities.
(a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from 8 through 10 of the sentencing guidelines offense severity chart (Chapter 921.0012, F.S.) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(c) Inmates convicted of offenses committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.
(3) Enhanced Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (Section 921.0012, F.S.) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.
(4) Meritorious Gain Time – Any inmate who performs an outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time.
(5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as set forth in subparagraphs 33-601.101(3)(a)1. and 2., F.A.C.
(a) Unsatisfactory – The inmate failed to meet a behavioral objective during the month.
(b) Satisfactory – The inmate met all behavioral objectives during the month.
(c) Above satisfactory – The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives.
Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035.
33-603.402 Basic Gain Time.
The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior.
(1) Ineligibility.
(a) No inmate shall be eligible to receive or accumulate basic gain time:
1. For the mandatory minimum portion of a sentence imposed pursuant to Section 775.087(2), F.S., for an offense committed on or after October 1, 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in Section 775.087, F.S.;
2. For the minimum portion of a sentence imposed pursuant to Section 893.13(1)(e), F.S. (1989), for a specified drug-related offense committed on or after June 27, 1989 but prior to January 1, 1994, in, on, or within 1,000 feet of a school;
3. If sentenced as a habitual felony offender or a habitual violent felony offender under Section 775.084(4), F.S., for an offense which occurred on or after October 1, 1988;
4. If sentenced under Section 893.13(1)(i)1., F.S. (1991), for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in Section 893.13, F.S.;
5. If serving a sentence with no definite term, that is, a life sentence or death sentence;
6. For the period of time remaining in any treatment program placement term imposed under Section 953.11, F.S.;
7. If sentenced for any degree of sexual battery specified under Section 794.011, F.S., for a crime committed on or after October 1, 1992;
8. If serving a sentence for a crime committed on or after January 1, 1994.
(b) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:
1. Section 775.0823, F.S., for specified crimes committed prior to January 1, 1994 against a law enforcement or correctional officer or other officer defined in Section 943.10(1), (2), (3), (6), (7), (8), or (9), F.S., or any state attorney, or assistant state attorney on or after January 1, 1990, or against a judge or justice of a court described in Article V of the State Constitution on or after October 1, 1990;
2. Section 775.0875(1), F.S., for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where the offense was committed prior to January 1, 1994.
(c) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 947.16(4), F.S.
(2) Eligibility. Except for sentences of life or death, or sentences imposed for offenses committed on or after January 1, 1994, basic gain time credit will be awarded to all other cases unless specifically prohibited by applicable law.
(3) How credited. Basic gain time shall be calculated at the rate specified by law according to the date of offense and shall be based on the length of the sentence imposed. A portion of a month will be prorated on the basis of a 30-day month. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain time.
(a) For offenses committed prior to July 1, 1978, basic gain time shall be awarded in the amount of 5 days per month for the first and second years of the sentence, 10 days per month for the third and fourth years of the sentence and 15 days per month for all succeeding years of the sentence, pursuant to Section 944.27 (1977), F.S.
(b) For offenses committed on or after July 1, 1978, but before January 1, 1994, basic gain time shall be awarded in the amount of 10 days for each month of the sentence imposed, pursuant to Section 944.275, F.S.
(c) In order to establish an initial tentative release date, basic gain time awards are made in a lump sum upon entry into the department’s custody. For inmates serving a sentence with a minimum term as described in subparagraphs (1)(a)1. and 2., the lump sum award of basic gain time is limited to that portion of the sentence or sentences which exceeds the minimum term.
Rulemaking Authority 794.011(7), 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.045, Amended 4-28-87, 12-18-88, 10-14-91, 3-23-93, 4-17-94, 3-24-96, Formerly 33-11.0045.
33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction.
An escapee or an absconder from supervised community release or provisional release supervision shall be eligible for credit for time served following apprehension in another jurisdiction as follows:
(1) If the offender is being held solely on the Department of Corrections’ warrant, credit will be applied from the date of arrest. However, if the offender refuses to waive extradition, credit will be stopped on the date of such refusal and will not resume until the offender is taken into custody by agents of the department, or the offender subsequently signs a waiver of extradition.
(2) An offender who is arrested and charged with crimes committed in an out-of-state jurisdiction shall not be eligible for credit for time served on the Florida sentence until such additional charges are disposed of and the offender is being held solely on the department’s warrant. In such instances, credit shall be allowed from the date of disposition of local charges.
(3) If the offender is bondable on the out-of-state charges, credit may be applied from the date of arrest upon receipt of appropriate documentation that such offenses were bondable.
Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 3-30-95, Formerly 33-3.0106.
33-603.411 Warrants for Retaking Offenders.
(1) When an offender escapes from custody or absconds from a rehabilitative community reentry program prior to satisfaction of the sentence or combined sentences, the Secretary of the Department or the Secretary’s designated representative may issue a warrant for retaking such offender into custody to serve the remainder of such sentence or combined sentences. If it is determined that an offender was released in error, or if it is subsequently determined that the offender was statutorily ineligible for release, a warrant may be issued if the sentence would not have expired had the inmate remained in confinement. The warrant issued must:
(a) Be in writing and in the name of the Department of Corrections;
(b) Command that law enforcement officials take the offender against whom the warrant is issued into custody and hold them until such time as proper arrangements can be made for the return of the offender to the Department;
(c) Specify the name of the offender to be apprehended, the date of escape, date of absconding from supervision, or the date on which the offender was released in error, the date the offender was sentenced to incarceration in the Department, the county of sentence, the term of sentence; and
(d) Bear the seal of the Department of Corrections.
(2) The following procedures must be followed in cases of offenders who were released in error or were subsequently determined to be statutorily ineligible for release:
(a) Within three days of receiving notification that the offender has been taken into custody, excluding the day of notice, weekends and holidays, a correctional probation officer, classification supervisor, or other person designated by the Bureau Chief of Admission and Release for that purpose must provide the offender with a copy of the affidavit upon which the warrant was issued, a copy of the warrant, a written statement advising the offender that they may challenge their return to custody through use of the inmate grievance procedure, and a copy of Form DC1-303, Request for Administrative Remedy or Appeal. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C. In cases in which the offender is out of state, the time frame for delivery of the warrant package to the offender will be extended to seven days, excluding the day of the notice, holidays and weekends.
(b) An offender who wishes to challenge their return to Department of Corrections custody must file an emergency grievance directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303, in accordance with subsection Rule 33-103.007(3), F.A.C.
(c) Grievances filed with the Office of the Secretary regarding retaking an offender into custody must be responded to in accordance with the time frames set forth in Rules 33-103.007 and 33-103.011, F.A.C.
(d) Nothing in this section shall be deemed to constitute a waiver by the Department of Corrections of its authority or jurisdiction to retake offenders into custody under the circumstances set forth in subsection (1) of this rule, nor shall any procedure had under this section which results in or fails to result in retaking be deemed a waiver by the department of its authority or jurisdiction to retake offenders.
(3) A warrant issued under subsection (1) of this rule is in effect until the offender has been returned to the custody of the Department, or until the sentence is deemed satisfied, whichever occurs first.
Rulemaking Authority 944.09 FS. Law Implemented 944.405 FS. History–New 2-29-88, Amended 1-6-94, Formerly 33-3.0105, Amended 10-20-13, 8-22-23.
33-603.412 Actual Release Date.
A sentence expires at midnight, but release may be granted at any hour on such release date.
Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Formerly 33-11.12, 33-11.012.