NOV-27-2007 13:26

NOV-27-2007 13:26 417a. PALM BEACH C( SHERIF RIC L. BRADSHAW, SHERIFF ALTERNATIVE CUSTODY IT FAX TRANSMITTAL COVER SHEET FTo: From: Department: CC: IP.01/05 o 6 % TA et 8 0 6 P.erreP71 #1. .;;;Se' ; q * V . . 4`TEs PEG( 0 Urgent 0 For Review 0 Please Comment 0 Please Reply As per your request, these are the copies of PBSO post orders for the Work Release Program 3228 Own CM) Road • P.O. Borg 24881 • Mai Pakn Batch. Florida 334184881 ‘•a4C• ix.... aen “ EFTA00188492 NOV-2?-200? 13:26 FBI P.02/05 SHERIFF'S OFFICE RIC L. BRADSHAW, SHERIFF Work Release Post Orders I. INTRODUCTION The information included in this packet is to be used as a guide for training in the Work Release Program. It is a list of the basic tasks, functions and procedures for operating the equipment identified. The Field Training Officer will have the trainee read all material as well as the Corrections Operating Procedures that are relevant to this post Additionally, the F.T.O. will explain and demonstrate to the trainee the operation of all equipment, to include tasks and proper procedures. The trainee will then demonstrate their proficiency of the assigned tasks. To ensure maximum training in this area, a total of five (5) days is to be scheduled, A Daily Observation Report will be completed by the F.T.O. and reviewed with the trainee on daily basis. Furthermore, a Post Evaluation shoot will be completed by the F.T.O. at the conclusion of training in this area. All forms will be reviewed and signed off by the shift Lieutenant, Sergeant, F.T.O. and trainee. This information is not all encompassing; therefore, when unlisted situations arise the F.T.O. should demonstrate or explain to the trainee the proper procedure for handling the situation. It is unrealistic to expect that one could possibly prepare for all unusual situations that may occur. To enhance any portion of the training, additional resource material may be utilized providing it tails within the description of the job. PERFORMANCE EVALUATIONS: The performance level of a trainee may be evaluated utilizing on-the-spot testing of their knowledge concerning specific pieces of equipment and/or procedures to be taken during critical incidents. All areas indicated on the Daily and Post evaluation forms must include performance evaluations. The following orders will give the deputy a basic operational knowledge of this post The information contained herein will attempt to cover the normal or routine functions. These orders are neither designed nor intended to cover all situations and are subject to change. These orders are not to be seen or shown to any inmate. The following tasks are completed Monday thru Friday by the Work Release Officer: 1.) Check with Booking Deputy for inmates that were place on hold for breach of contract. 2.) Pick up work release sign out sheet from Booking Desk. 3.) Notify G & H Deputy for any inmate on hold, to be sent to program office. 1-enClea5t 6,en rwIl EFTA00188493 k2U-27-2207 13:27 F B I 03/k5 4.) Deputy will discuss with inmate and determine weather to give a corrective counsel or remove the inmate from The Work Release program; Documentation will be placed in inmate file. 5.) Review request from inmate Records of inmates requesting work release and answer them in writing 6.) Check files from inmate Records of inmates requesting to be placed on work release. 7.) Request Palms, NCIC-FCIC inquiry from Inmate Booking Tech. Work Release Backgrounds Check: The following preliminary procedures will be completed when an inmate request work release. 1.) Review file of inmate requesting work release. The following charges are not eligible: a. Bombs/Deadly Missiles/Throwing deadly missiles causing bodily harm (F.S.S. 790) b. Burglary with Assault or Battery (F.S.S. 810.02(2)(a) c. Child Abuse/Child Neglect (I.S_S.827) d. HomicideNehicular Homicide/Murder (F.S.S. 782) e. Kidnapping/False Imprisonment (F.S.S.787) f. Sexual Battery (F.S.S. 794) g. Any history of violation of federal, state, or local work release or in house arrest/community control programs. h. Arson (F.S.S.806) one (1) guilty during the past fifteen (15) years. i. Drug Trafficking (F.S.S. 893.135) one (1) guilty during the past fifteen- (15) years. j. D.U.I. Manslaughter (F.S.S. 316.193) one (1) guilty during the past fifteen (15) years. k. Escape (F.S.S. 944.40) one (1) guilty during the past fifteen- (15) years. I. Robbery (F.S.S. 812) (1) guilty during the past five (5) years. m. D.W.I. U.B.A. (F.S.S. 316.93) three guilt's within the past fifteen (15) years. n. Prostitution (F.S.S. 796) three guilt's within the past five (5) years. o. Aggravated Battery (F.S.S. 784) two guilt's within the past ten (10) years. p. Domestic Violence (F.S.S. 741.28) one guilty within tote past five (5) years. q. Stalking (F.S.S. 784) one guilty within the past ten (10) years. r. Armed Robbery (F.S.S. 812.13) one guilty in past ten (10) years. s. Aggravated Assault (F.S.S. 784.021) one guilty in past five (5) years. t. An extensive or violent criminal history or facility behavior as determined by the supervisor of the Alternative Custody Section. u. Inmates with active detainees for other agencies are ineligible, except when their sentences are running concurrent/consecutive with local sentences and they are authorized for Work Release by the other jurisdiction. Inmates who are known to belong to, or associate with individuals involved with organized crime, subversive groups that advocate violence, or street gangs are ineligible, as determined by PALMS, criminal history or law enforcement intelligence. 2.) Work Release Deputy will call G & H dorm to send inmate for personal interview and explain what paperwork is needed from inmate. 3.) If preliminary requirements are met, give inmate copy of Program Aguaernent, personal history forms, and emergency form to be completed by inmate and returned. 4.) After NCIC, Criminal History check, Palms check, and Personal history form are received, the Programs Supervisor will review the complete package at this time, and inmate file signifying to continue or suspend process. in Dar EV.trt Rae Pta OPt• CanseJa3 Oct EFTA00188494 NOV-27-2007 13:27 FRI F.04/05 5.) If the Program Supervisor decides, upon review of documents, that the inmate does not meet the criteria of the program, a note will be returned to the effected Deputy, so stating. That Deputy will so notify the effected inmate. Placement on Work Release: 1. If approved the officer will complete the following forms a. Work Release Program Agreement b. Case Files Review Sheet Work Release c. Key Agreement d. Locator Card Contacts e. Equipment Inspection Check Out Sheet (Pro-Tech Equipment) f. Work Release Synopsis g. Work Release Folder Stamp Revised h. Meefcal clearance form for work release inmates i. Booking card j. Court record (Court Orders / Commitments) k. FCICINCIC (Criminal History) I. Employed Verification Letter m. Program entry fees (copy of money order ) n. Employee wage verification o. Drivers License, Vehicle Registration and Auto Insurance card p. Victim notification (if Application ) q. Application r. Monitoring initializing printout /GPS offender report s. Finance sheet t. Inmate photograph (Front and Side Face) Computer generated reading/signed by assigned case deputy ID Card for Inmate w. Blue "T" Card 2 After all form are completed the package will be read and signed by inmate; The Deputy will review orally the contents with inmate to assure the inmate understands the rules and regulations. 3. The signed complete package is then given to Work Release Supervisor or designee, for approval, 4 tf approved, inmate is given his clothes, and personal items from property are signed for by inmate. Witch is placed in the inmate assigned locker, 5. Inmate information is placed on work release sheet, finance sheet, and face sheet is placed in active file, and "T" card changed in Work Release. 6. Inmate is taken to Job and work release rules are explained to his supervisor and a signature obtained. 7. A random monitoring of inmate will be conducted, at the inmate's place of employment, at Deputy and/or supervisors discretion. Global Tracking System (MTD) Miniature Tracking Device 1. Inmate or assigned Equipment a. Monitor b. Bracelet c, Base Unit (place in, Building ) 2. Enrolling inmate into Pro-Tech Ca: &tett', Ramos v. O. CrOlPid EFTA00188495 NOV-27-2007 13:27 Flfl P.05/05 a. demographic screen b. Personal Information c. Education d. Employment e. Sentencing f. Picture g. Rules h. Hardware ( Add Monitor, Bracelet and Base Unit) Removal of inmate for violation of rules: When it becomes necessary to remove an inmate from work release, the following procedures will be followed. 1. Remove name from work release log. 2. Remove from Inmate locator file folder. 3. Remove active file and place in completed files. 4. Give inmate change of trustee clothes. 5. Notify Classification and G & H Deputy of inmate removal from program. 6. Work Release Deputy will remove inmate property from locker and return it back to property. 7. Remove inmate from work release Job assignment. 8. Type a report stating the reason why inmate was removing from program. The original to be filed in inmate file, a copy given to unit supervisor Escape: (Signal 6): The following procedures will be followed if an inmate fails to return to the Stockade within the schedule time. 'I. BOLO Issue (Commo) 2. Place inmate in PALMS (intake Booking Main Jail) 3. Remove name from work release list. 4. Notify G & H Deputy of inmate removal from program. 5. Clear inmate Work Release locker. 6. Remove inmate from work release Job assignment. 7. Type a report the original to be filed in inmate file, a copy given to unit supervisor. 8. Signal 6 Filling Packet with state Attorney Office. Completion of Work Release Program: The following procedures will be followed when an inmate is time served from this program. 1. Get inmates name from Classification officer 2. Remove name from original work release list 3. Pull file and locator card from card box. JIGS e.MB r lam IOC 0 V r rl ;4 el CT: P.25 EFTA00188496 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 1 of 5 nly Putopt Saler, II —;(1O1O(O;11j 'LIA-VI/4W TAtIUJit.4 TATISTICS 11BLICATIONS Agency Strategic Plan 1998 - 2003 Appendix 5: top I previous 124 of 26 I next Statutory Authorities and Bibliography The following Florida Statutes, Administrative Regulations, Rules and Contracts govern operations of the Florida Department of Corrections: FLORIDA STATUTES 20.315 Created a Department of Corrections 110.105 Employment Policy of the State 110.205 Career Service Exemptions - Exempt position 186.022 State Agency Functional Plans: Consistency with State Comprehensive Plan 187.201 State Comprehensive Plan 229.565(3) Educational Evaluation Procedure Education Evaluation 252 Emergency Management 253.025 Acquisition of State Lands 273.02 Record and Inventory of Certain Property 284.50 Loss Prevention Program; Safety Coordinators; Interagency Advisory Council on Loss Prevention; Employee Recognition Program 364.510 Distance Learning Network 397.305 Provide Substance Abuse Treatment 403 Environmental Control 440.56 Safety Rules and Provisions; Penalty 442 Occupational Health and Safety 447.203 (2) Definitions of "Public Employees" 633.085 Inspections of State Buildings and Premises: Tests of Fire Safety Equipment; Building Plans to be Approved 775.084 Violent Career criminals 775.089 Court Order to Collect and Dispense Restitution 784.07 Assaults by Prisoners 874.03 Criminal Street Gang member 794.011 Sexual Battery http://dc.suitc. us/pub/asp/19982003/app5.htm I 9/21/2007 EFTA00188497 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 2 of 5 921 Sentence 943.03 Department of Law Enforcement 944.012 Legislative Intent 944.012(5) Authority to Coordinate with Various Agencies 944.023 Comprehensive Correctional Master Plan 944.26 Community -Based Facilities and Programs 944.33 Community Correctional Centers 944.053 Public Works Projects 944.08 Commitment to Custody of Department: Venue of Institutions 944.09 Rules of the Department: Offenders, Probationers and Parolees 944.10 Department of Corrections to Provide Buildings 944.105 Contractual Arrangements with Private Entities for Operation and Maintenance of Correctional Facilities and Supervision of Inmates 944.11 Department to adopt Rules as to Admission of Books 944.1905 Initial Inmate Classification: Inmate Reclassification 944.291 Prisoner released by reason of gain-time allowances or attainment of provisional release date 944.704 Transition Programs 944.705 Release Orientation Program 944.707 Post Release Support Services 944.801 Education for State Prisoners 945.04 Maximize Use of Inmate Labor 945.091 Extension of the Limits of Confinement: Restitution by Employed Inmates 945.092 Limits on Work Release 945.12 Transfers for Rehabilitative Treatment 945.41 Legislative Intent of Section 945.40945.49 Corrections Mental Health Act 945.49 Operation and Administration 945.71-73 Boot Camps - Training 946 Inmate Labor and Correctional Work Programs 947.146 Control Release Authority 948 Probation and Community Control 948.01 When Court May Place Defendant on Probation or into Community Control 948.03 Terms and Conditions of Probation or Community Control 948.50 Community Corrections Partnership Act 949.07 Compacts with Other States 949.09 Short Title: Section 949.07-949.08 Uniform Law for Out-of-State Probation and Parole Supervision http://dc.state.ifus/pub/asp/19982003/app5.html 9/21/2007 EFTA00188498 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 3 of 5 957.03 Correctional Privatization Commission 957.04 Contract Requirements 957.07 Cost Saving Requirements 958.04 Judicial Disposition of Youthful Offenders DEPARTMENT OF CORRECTIONS ADMINISTRATIVE RULES 33-1 Definitions, Responsibilities, Organization and Public Information 33-2 Inspections and Investigations 33-3 Operation of Institutions 33-4 Personnel 33-5 Visitors 33-6 Reception, Classification, Transfer and Records 33-7 Local Transfer, Temporary Release and Discharge Procedures 33-8 County and Municipal Detention Facilities 33-9 Extension of the Limits of Confinement 33-11 Modification of Sentences 33-12 Notice of Proceedings and Proposed Rules 33-14 Procedures for Contracting for Professional Services 33-15 News Media Access Following Issuance of Death Warrants 33-19 Health Services 33-20 Miscellaneous Provisions 33-21 Interstate Cooperation 33-22 Inmate Discipline 33-23 Corrections Mental Health Facilities 33-24 Probation and Parole Services 33-25 Staff Development 33-26 Staff Housing 33-27 Basic Training Program for Youthful Offenders 33-29 Inmate Grievance Procedure 33-30 Food Services 33.31 Utilization of Minority Business Enterprises 33-32 Construction and Operation of Private Correctional Facilities 33-35 Community Corrections Partnership 33-36 Indexing of Final Agency Orders 33-37 Substance Abuse Programs DEPARTMENT OF CORRECTIONS POLICY AND PROCEDURES http://de.state.fl.us/pub/asp/1998200 3/app5.html 9/21/2007 EFTA00188499 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 4 of 5 DIRECTIVES 1.01.02 Inter and Intra Governmental Cooperation 2.02.34 Industrial/Fire Safety, Loss, Control and Prevention 3.01.01 The Processing of Inmates' Impounded Personal Property 2.01.01 Inmate Personal Property 3.04.07 Contraband 3.04.11 Inmate Package Permits 4.07.32 Probation and Restitution Centers CONTRACTS Department of Corrections/Department of Labor Employment Security Contractual Agreement for Services, 1985 for Services Under Item 316 of the 1981-89 State of Florida Appropriations Act. OTHER AGENCY ADMINISTRATIVE RULES DER Rules 17-2 and 17-712 FAC Biohazardous Waste Disposal DHRS Rule 10D-104 FAC OTHER SOURCES REFERRED TO IN THE STRATEGIC PLAN Americans with Disabilities Act Criminal Justice Estimating Conference (CJEC) Reports Department of Community Affairs Directives Department of Corrections Annual Report 1996-97 Department of Corrections Strategic Information Systems Plan 1990 (Anderson Report) Department of Corrections Environmental Health Services Manual July 1980 Governor's Commission For Government By The People December 1991 Health Services Bulletin 15.13.01 Health Services Bulletin 15.03.13 Health Services Bulletin 15.03.05 Health Services Bulletin 15.03.24 National Council on Crime & Delinquency: Evaluation of the Florida Community Control Program 1987 National Probation and Parole Association and The President's Commission on Law Enforcement and the Administration of Justice Parole & Probation Staff Safety Task Force Report Personnel Procedures Manual, Vol. 3, Chapters 3 & 5 State of Florida, Department of Corrections Strategic Information Systems Plan State Strategic Plan for Information Resource Management: Fiscal Years 1995-1999 BIBLIOGRAPHY 1. Annual Report 1996-1997, Florida Department of Corrections. 2. "Community Work Squads Earnings and Value Added/Cost Savings Report," Dated June 30, 1997, Program Services, Department of http://dc.state.fl.us/pub/asp/19982003/app5.html 9/21/2007 EFTA00188500 Appendix 5 - 1998 through 2003 Agency Strategic Plan, Florida Department of Corrections Page 5 of 5 Corrections. 3. Correctional Education School; Authority Annual Report FY 1993-94 and Paradox Special Education Database, Department of Corrections. 4. Correctional Education School Authority, Based On Pre and Post Testing Sample Taken During the Period of July - December 1994. 5. Correctional Education Status Report, July 1, 1994 - June 1, 1995. 6. Corrections Yearbook 1994, Criminal Justice Institute, Inc., New York. 7. Department of Corrections Affirmative Action Plan, FY 1994-95. 8. Evelyn God Career Criminal Act, Chapter 98-152, Laws of Florida. 9. Florida Administrative Code, Section 33-25. 10. "Florida's Community Supervision Population Trends," Bureau of Research and Data Analysis, Department of Corrections, 1997. 11. Governors Sterling Award Application Manual. 12. Governors Sterling Award Manual, 1994 13. Inmate Escape Report, FY 1996-1997, Bureau of Research and Data Analysis, Department of Corrections. 14. "Minority Business Enterprise Program Final Report, FY 1993-94," Pinky Douglas-Moore, Bureau of General Services, Department of Corrections. 15. Recidivism Rates of Inmates Released from Florida's Prisons, June 30, 1997, Department of Corrections. 16. State Strategic Plan for Information Resource Management: FY 1995- 99, Information Resource Commission, State of Florida, January 1994. 17. "Strategic Planning at the Florida Department of Corrections: An Assessment Four Years into the Program," C. James Juang & Frances S. Berry, PhD, The Florida State University, July 1995. 18. "Tier Program Outcome Evaluation: A Recommitment Study," Bureau of Planning, Research and Statistics, Department of Corrections. 19. USA and Florida Department of Corrections Agreement, 5/19/92. Agency Strategic Plan top I previous I 24 of 26 I next 1998 - 2003 Home I Highlights I Reports I Facilities I Offender Search I FAQs I Search I Contact PrivAcy Policy htm://dc.state.fl.us/pub/asp/19982003/app5.html 9/21/2007 EFTA00188501 RULES OF THE DEPARTMENT OF CORRECTIONS CHAPTER 33-603 SENTENCE STRUCTURE AND TRANSPORTATION 33-603.101 Use of Committed Name. (12-12-06) 33-603.201 Transfer of Inmates. (8-28-01) 33-603.401 Gain Time - Definitions. (4- 21-96) 33-603.402 Basic Gain Time. (3-24-96) 33-603.409 Cancellation of Administrative Gain Time and Provisional Credits. (4-17-94) 33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction. (3.30-96) 33-603.411 Warrants for Retaking Offenders. (1-06-94) 33.603.412 Actual Release Date. (2-26-80) 33-601.101 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 cages 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 (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 mall 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 DCM 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 rule 33-210.101 and 33-210.102. 603-1 EFTA00188502 CHAPTER 33-603 (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 ouch notification by the inmate, the mailroom shall request that the appropriate institutional office check the offender information for system identification of the addressee. If such effort fails to reveal proper identification, the mail shell 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. Specific Authority 944.09 FS. Law Implemented 944.09 PS. History --New 9-30-93, Formerly 33.6.012. 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 "traneferm shall mean the reassignment and SENTENCE STRUCTURE AND TANSPORTATION 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 grouse and tripe by work and maintenance crews. The institutional inmate record and all sub-files must accompany any inmate being routinely transferred between department facilities, except in emergency situations. 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 location and forwarded to institution(s) with the inmates or possible. In such emergencies, packaging of medical records is waived. The institutional inmate record shall also accompany the inmate unless the inmate's health and welfare would be jeopardized if the transfer were delayed for the amount of time required to obtain the record. 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 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, Florida Statutes. (4) The transfer officer shall be' responsible for maintaining schedules approved by the Bureau of Sentence Structure and Transportation, supervising andgoing to one the receiving as soon as individual 603-2 EFTA00188503 CHAPTER 33-603 instructing additional personnel assigned, guarding inmates, maintaining order and discipline and ensuring the secure and safe custody of inmates being transferred. (S) The transfer vehicle must be maintained in accordance with the guidelines set forth in Chapter 316, Florida Statutes, and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication. (6) The vehicle shall be thoroughly searched and all security features inspected prior to boarding any inmates. Continuing checks shall be made periodically by the transfer officer while en route. Vehicle inspection shall be conducted during the time the transfer vehicle is stopped prior to departing on or continuing a trip. (7) 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. (8) 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 from the institution. (9) The Chief Health officer may specify that an inmate who is mentally or physically ill be transferred separately from the general population inmates. 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 aro to accompany the inmate while being transferred. If he does decide that medical staff need to accompany the inmate, he must assign this staff. (10) In transferring any death row, close management, or disciplinary confinement inmate, or any inmate determined by the Chief of Security to be a high-rink inmate, the SENTENCE STRUCTURE AND TANSPORTATION following shall be required: (a) The inmate shall be restrained with handcuffs, waist chains with a C and 5 handcuff cover (black box), and leg irons and transferred in a secure caged vehicle. The driver shall be unarmed in order to handle inmates en route if necessary. (b) ' The transfer vehicle shall be accompanied by a trailing escort vehicle driven by a well-armed officer. "Well -armed" shall mean possession of a semiautomatic rifle or shotgun. (c) If several inmates are being transferred, the transfer vehicle shall have a second armed officer in attendance. (d) Communication between the two vehicles is essential and is required between both vehicles and the home station. (e) The Chief of Security or shift supervisor is authorized to make individual exceptions to the assignment of a trailing escort vehicle for close management III and disciplinary confinement inmates. (f) The reception centers shall be authorized to transport close management I, II, and III inmates in the secure caged area within a specially designed secure transfer bus without the necessity of a trailing escort vehicle. (g) Protective management inmates shall not be routinely transported on reception center transfer buses. (h) Specific written instructions will be provided from the transportation section of the Bureau of Sentence Structure and Transportation. (11) 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. (12) If more than one officer is assigned to the transfer trip, at least one officer shall remain with the vehicle to provide supervision during stops. When there is only one officer, the vehicle must be parked in such a way that supervision can be provided for the vehicle and all inmates departing the vehicle. 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. (13) Manpower requirements shall vary depending upon the mode of transfer, the 603 3 EFTA00188504 CHAPTER 33-603 distance to be traveled and the typo and number of inmates. Each situation must be thoroughly evaluated by Chief of Security or shift supervisor prior to departure and appropriate personnel assigned. A minimum of one armed correctional officer shall be assigned when there are close custody inmates to transfer except when special approval is received from the Director of Institutions. At all times, there must be at least one officer of the same sex as that of the inmate present during the transferring of medium, close, or maximum custody inmates. There shall be no gender restrictions regarding the transfer of community or minimum custody inmates. Community or minimum custody inmates do not require restraints unless they are being transferred with close custody inmates or pose a security risk; however, there shall be an adequate number of officer escorts to provide appropriate supervision. (14) Standard restraint equipment for the normal situation will be handcuffs and a restraint chain. Except as specifically outlined below, additional restraints, such as waist chains with a C and $ handcuff cover (black box) and leg irons, shall be necessary when transferring death row and close custody inmates, inmates who are extreme escape risks, inmates with serious assaultive tendencies, or any inmate determined by the Chief of Security to be a high security risk. Being legally responsible for the custody of inmates, the transfer officer in charge has the authority to apply restraints to community custody inmates and additional restraints to medium or minimum custody inmates when he or she determines that such is necessary to ensure security. (a) When inmates are transferred within the state from one secure perimeter to another secure perimeter and a specially designed secure transfer bus is used, inmates may be restrained with leg irons only. Death row, close management, and high-risk inmates will require restraints as noted in (10) above during any transport. (b) Each medium custody inmate who is not being transferred from one secure perimeter to another secure perimeter in a specially designed secure transfer bus shall be restrained with a minimum of handcuffs. Close custody inmates will require a waist chain with a C and S handcuff cover (black box) and leg irons under these circumstances. The restraints shall be applied prior to SENTENCE STRUCTURE AND TANSPORTATION leaving the secure perimeter. The restraints shall not be removed until the inmate is returned to a secure perimeter unless circumstances require their removal, that is, federal appearances or medical visits. (c) Use of restraint equipment, except for death row inmates, will not be required at Reception Centers for any transport on state property provided that a specially designed secure transfer bus is used: i.e., from a Reception Center Main Unit to a Reception Center annex that is not separated by property not belonging to the Department of Corrections. (d) During any transport, the level of restraints applied will be commensurate with the highest custody grade being transported. (e) During prenatal and postpartum periods, female inmates will not be restrained with their hands behind the beck nor will leg irons be utilized due to the possibility of a fall. Waist chains with the C&S handcuff cover (black box) will not be worn when there is any danger of causing harm to the inmate or fetus. (f) 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. (g) All restraint equipment shall be double locked. (h) An inmate shall not be handcuffed behind his or her back or handcuffed to a stationary object in a moving vehicle. (i) 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) An Electronic Restraint Belt may be used in cases involving high profile transports outside the secure perimeter of an institution where in the judgment of the security staff the use of the belt is warranted. Prior to usage of the Electronic Restraint Belt, written, signed approval must be obtained from the Office of Institutions, Bureau Chief of Security Operations. (16) Because the carrying of firearms in the transferring of inmates is extremely hazardous, in those instances where it is advisable for firearms to be carried, such equipment must be kept in a secure place or on the person of an officer who will not 603-4 EFTA00188505 CHAPTER 33-603 come in direct contact with an inmate during the entire trip. Firearms shall not be carried by any of the escorting officers while in a car, plane or train unless the inmate is securely restrained and positive precautionary measures have been taken that will preclude contact between inmates and the armed officer. Use of firearms shall be in accordance with Rule 33-602.210, F.A.C. (17) 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 shell supervision of other inmates be relaxed in order to pursue an escaping inmate. (18) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Sentence Structure and Transportation. The Bureau of Sentence Structure and Transportation shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations. (19) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within and beyond the limits of this state. (a) The transport company shall take the prisoner into custody for the purpose of transferring the prisoner to the proper law enforcement official within or beyond the limits of this state. (la) The Department shall include, but not be limited to, the following requirements in any contract with a private transport company: 1. Any private transport company transferring an inmate shall be considered an independent contractor and shall be solely liable for the inmate while he is in the custody of that company. 2. The transport company shall maintain adequate liability coverage with respect to the transferring of inmates. 3. Personnel employed with the transport company who are based in Florida SENTENCE STRUCTURE AND TANSPORTATION shall meet the minimum standards of a correctional or law enforcement officer in accordance with Chapter 943.13, Florida Statutes. Personnel who are based outside Florida shall meet the minimum standards of a correctional officer or law enforcement officer in the state where the employee is based. 4. Transfer officers who are based in Florida shall comply with the specific requirements contained in Chapter 316, Florida Statutes. Transfer officers who are based outside of Florida shall comply with the legal driving requirements of the state in which they are based. S. Each transfer vehicle operated by the transport company must be maintained in a condition meeting the specific requirements of Chapter 316, Florida Statutes, and be mechanically safe to transfer inmates. Transfer vehicles used outside the State of Florida must be maintained in a condition meeting the specific requirements of that state. 6. The transport company shall adhere to standards which provide for humans treatment of inmates while in the custody of that company. 7. The transport company shall submit reports to the Department regarding incidents of escape, use of force, abuse, and accidents involving inmates in the custody of the transport company within 24 hours of the incident. 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. 8. The transport company shall hold a Class 'IP licence pursuant to Chapter 493, Florida Statutes, and any employee of the company shall hold a Class *Jr and Class "0" license pursuant to Chapter 493, Florida Statutes. 9. 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: a. Refuse to release the inmate and advise the transport company or law enforcement officer to stand by. 603-S EFTA00188506 CHAPTER 33-603 b. Contact the Population Management section of the Bureau of Sentence Structure and Transportation during normal working hours. c. On weekends, holidays, or after normal working hours, contact the Emergency Action Center which will notify appropriate central office staff. d. 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. Specific Authority 944.09 FS. Law Implemented 944.09 PS. History --New 7-12-86, Amended 5-21.92, 1-06-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01. 33-603.401 Gain Time Definitions. (1) Basic Gain Time. -deductions from sentence determined by 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 s. 944.27 P.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 s. 944.275, P.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 33-601.101(3), except as provided in 33- 601.101(1). (b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from B through 10 of the sentencing guidelines offense severity chart (921.0012 N.S.) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33-601.101(1). (c) Inmates convicted of offenses SENTENCE STRUCTURE AND TANSPORTATION 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 33-601.101(1). (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 33- 601.101(1). (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 (921.0012 F.S.) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33- 601.101(1). (4) Meritorious Gain Time--Any inmate who performs an outstanding deed, such as saving a lite 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 sot forth in rule 33-601.101(3)(a)l. and 2. (a) "Unsatisfactory* --The inmate failed to moat 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. Specific Authority 944.09, 944.275 PS. Law Implemented 944.09, 944.275 PS. 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 Mamie Gain Time. The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior. 603-6 EFTA00188507 CHAPTER 33-603 (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 s. 775.087(2), P.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 s. 775.087, P.S.; 2. For the minimum portion of a sentence imposed pursuant to e. 893.13(1)(e), P.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 s. 775.084 (4). F.S. for an offense which occurred on or after October 1, 1980; or 4. if sentenced under s. 893.13(1)(1) 1, P.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 S. 893.13, P.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 e. 953.11 F.S. 7. If sentenced for any degree of sexual battery specified under s. 794.011 PS 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. S. 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 s. 943.10 (1), (2), (3), (6), (7), (8), or (9), 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 I of the State Constitution on or after October 1, 1990; 2. S. 775.0875(1) P.S. for taking a firearm from a law enforcement officer while such officer was lawfully engaged in SENTENCE STRDCTORS AND TANSPORTATION 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 a. 947.16(4) P.S. (2) Eligibility. Except for sentences of 11fo 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 g