The Florida Senate

944.09  Rules of the department; offenders, probationers, and parolees.--

(1)  The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement its statutory authority. The rules must include rules relating to:

(a)  The rights of inmates.

(b)  The conduct to be observed by inmates and the categories of violations according to degrees or levels of severity, as well as the degrees of punishment applicable and appropriate to such violations.

(c)  Disciplinary procedures and punishment.

(d)  Grievance procedures which shall conform to 42 U.S.C. s. 1997e.

(e)  The operation and management of the correctional institution or facility and its personnel and functions.

(f)  The development of a staffing formula for security positions in its residential facilities, taking into account the factors of leave time, security needs, and training requirements.

(g)  Mail to and from the state correctional system.

(h)  Gain-time for good conduct of, release payments to, and release transportation of inmates.

(i)  Uniforms for inmates and custodial personnel.

(j)  Conduct of custodial and other personnel.

(k)  Classification of personnel and duties assigned thereto and classification and separation of offenders according to age, sex, and such other factors as are deemed advisable.

(l)  Credits for confinement prior to commitment to the department.

(m)  Payments to prisoners for work performed. Such payments, if any, shall include restrictions on the use of earnings, including payments for support of dependents and release reserves. The rules shall provide that no payment shall be made to any prisoner who fails to perform the work assigned satisfactorily.

(n)  Visiting hours and privileges. The rules shall provide that any inmate with a current or prior conviction for any offense contained in chapter 794, chapter 800, chapter 827, or chapter 847 for committing or attempting to commit aggravated child abuse or committing or attempting to commit a sex act on, in the presence of, or against a child under the age of 16 years, shall not be allowed visitation with anyone under the age of 18 years, unless special visitation is approved by the warden. The authorization for special visitation shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order.

(o)  Mail to and from inmates, including rules specifying the circumstances under which an inmate must pay for the cost of postage for mail that the inmate sends. The department may not adopt a rule that requires an inmate to pay any postage costs that the state is constitutionally required to pay.

(p)  The feeding of prisoners, including diet and menus, and the furnishing of health and comfort items to indigent prisoners.

(q)  The determination of restitution, including the amount and to whom it should be paid. The rules shall provide necessary explanation to support recommendations regarding restitution.

(r)  The function and duties of employees working in the area of community corrections and the operations of probation field and administrative offices.

(2)  It is the duty of the wardens to supervise the governance, discipline, and policy of the state correctional institutions and to enforce all orders and rules.

(3)  The department shall cause a record to be kept of violations of rules of conduct, the rule or rules violated, the nature of punishment administered, the authority ordering such punishment, the duration of time during which the offender was subjected to punishment, and the condition of the prisoner's health.

(4)  The department shall:

(a)  Investigate all cases referred to it by the circuit court and make its findings and report thereon in writing to such court with its recommendation.

(b)  Cause to be delivered to each person placed on probation under its supervision a certified copy of the terms of such probation and any change or modification thereof and cause such person to be instructed regarding the same.

(c)  Keep informed concerning the conduct, habits, associates, employment, recreations, and whereabouts of such probationer, by visits, by requiring reports, and in other ways.

(d)  Make such reports in writing or otherwise as the court may reasonably require.

(e)  Use all practicable and proper methods to aid and encourage persons on probation and to bring about improvement in their conduct and condition.

(f)  Keep records on each probationer referred to it.

(g)  Cooperate with circuit courts exercising criminal jurisdiction by supervising such probationers and prisoners upon whom the pronouncing of sentence has been deferred and by making such reports to such courts as are directed thereby.

(h)  Supervise all persons placed on parole.

(i)  Aid parolees and probationers in securing employment.

(5)  The department may enter into cooperative agreements with the Federal Government or any department or agency thereof, with any county or municipality in this state or any department or agency thereof, or with any nonprofit charitable corporation or foundation concerned with the rehabilitation of persons who are probationers or parolees or who are under presentence investigation for the performance by the department of services relating to the evaluation and rehabilitation of such persons. Any such agreement shall provide for payment to the department of the actual cost of rendering the services contracted for.

(6)  The department shall maintain the following information within its automated inmate information system regarding each inmate:

(a)  The status of the restitution order.

(b)  The amount of restitution ordered by the court.

(c)  The amount of restitution owed by the inmate.

(d)  The name and address of the victim.

(7)  The department may take a digitized photograph of any inmate or offender under its supervision.

History.--s. 7, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. 14, ch. 74-112; s. 33, ch. 77-120; s. 43, ch. 79-3; s. 1, ch. 85-288; s. 3, ch. 85-340; s. 76, ch. 88-122; s. 23, ch. 90-337; s. 3, ch. 91-298; s. 5, ch. 96-312; s. 1852, ch. 97-102; s. 227, ch. 98-200; ss. 8, 9, ch. 99-271; s. 10, ch. 2000-161.