Fla. Admin. Code R. 33-601.210

Current through Reg. 50, No. 222; November 13, 2024

Section 33-601.210 - Custody Classification

(1) Facility Assignments.

(a) A mission description shall be prepared for each facility of the Department of Corrections to which an inmate can be assigned. The mission description shall be based upon such factors as staffing patterns, perimeter security, construction features, electronic monitoring capability, type of health services provided, available programs, and any other factors that may affect the security and safety of the staff, inmates, or the general public. The mission descriptions shall be used to aid in the assignment of inmates to facilities in a manner which will best enable the department to maintain security and order. Inmate evaluation and facility assignment shall be based upon such factors as nature and severity of offense, characteristics of sentence, criminal history, age, health status, and any other factor relating to the security and order of the institution or the security and safety of the general public. An inmate shall be assigned to a facility that can provide appropriate security and supervision, that can meet the health needs of the inmate as identified by the department's health services staff, and, to the extent possible, can meet the inmate's need for programs and is near the location of the inmate's family. The Secretary may modify the mission of any facility to meet changing needs in response to changes in population characteristics, or in the event of riot, emergency conditions or other circumstances affecting security and safety of the general public, staff, and inmates.

(b) Inmates who have been committed under the Youthful Offender Act shall not be placed at a non-youthful offender institution except under the following circumstances:

1. The youthful offender is convicted of a new crime that is a felony under the laws of this state;

2. The youthful offender becomes such a serious management or disciplinary problem as to render his assignment to the youthful offender program detrimental to the program and to other youthful offender inmates assigned thereto;

3. The youthful offender needs medical treatment, health services, or other specialized treatment otherwise not available at the youthful offender institution or facility;

4. The department determines that the youthful offender should be transferred outside of the state correctional system, as provided by law, for services not provided by the department; or

5. Bed space is not available in a designated community facility. In such case, the youthful offender shall be separated, insofar as is practicable, from other offenders.

(2) Custody Grade Classification.

(a) Each inmate shall be placed in one of the five custody grades: community, minimum, medium, close, or maximum.

(b) Information from all available sources shall be used to complete an automated custody classification questionnaire. The questionnaire shall reflect the degree of supervision appropriate for the inmate.

(c) The result of completing an automated questionnaire shall be a computer generated numerical score or status custody for the inmate. A status custody is the automatic placement into one of the five custody grades based upon an inmate's sentence, criminal history, time remaining to serve, and other classification factors reflected on the automated custody questionnaire.

(d) The custody grade resulting from an inmate's score may be modified if circumstances indicate the need for an exception. The specific reason for the modification shall be explained in the automated system. Reasons for increasing or decreasing the custody grade might, in appropriate cases, include one of the following comments with proper explanation:

1. Charge reduced as a result of plea bargaining.

2. Charge dropped as a result of plea bargaining.

3. Other active/inactive commitments.

4. Commitment includes mandatory or retained jurisdiction provisions.

5. Community and public interest concerns (i.e., judge's or prosecutor's recommendation, victim/victim family interest, legislative inquiry, law enforcement interest, executive inquiry, personal notoriety, case notoriety).

a. Family environment (no family ties, strong family ties, married/head of household, crime history in family, family desertion, family transience).

b. Military record.

6. Community supervision record.

7. Status prior to sentencing (i.e., high bond, bond forfeiture, release on bond, jail adjustment).

8. Offender age.

9. Physical or mental health status.

(e) All custody assignments will require the approval of the Institutional Classification Team. At private correctional facilities, all custody assignments will require the approval of the Department of Corrections Representative.

(f) Any modification of the resulting custody grade from the system generated custody or any assignment to community or minimum custody shall require the review and approval of a State Classification Office staff member based upon the criteria listed in paragraph (l), below.

(g) A member of the State Classification Office shall have the authority to initiate a custody assessment and determine the custody level of an inmate whenever the staff member determines that a new assessment is necessary for the safety of the public or the needs of the department.

(h) Except for the offenses listed below, any inmate who is convicted or has been previously convicted or adjudicated delinquent for any crime where a sex act was intended, attempted, or completed shall not be eligible for assignment to community or minimum custody status unless he has previously successfully completed the mentally disordered sex offender program prior to the repeal of Chapter 917, F.S.:

1. Acts relating to prostitution;

2. Urinating in public;

3. Nude sunbathing or swimming;

4. Nude or semi-nude adult entertainment;

5. Exposure of buttocks (mooning);

6. Streaking.

(i) Any inmate who has a current or prior conviction for committing or attempting to commit any of the following offenses is not eligible for community custody:

1. Murder under Section 782.04, F.S.;

2. Aggravated manslaughter of an elderly person or disabled adult under Section 782.07(2), F.S.;

3. Aggravated manslaughter of a child under Section 782.07(3), F.S.;

4. Aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic under Section 782.07(4), F.S.;

5. Murder of an unborn child under Section 782.09(1), F.S.;

6. Attempted murder of a law enforcement officer under Section 784.07(3), F.S.;

7. Making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person or for attempted making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person under Section 790.161(4), F.S.; or

8. Assisting self-murder under Section 782.08, F.S.

(j) Any inmate who has been certified as a mentally disordered sex offender pursuant to Chapter 917, F.S., shall not be assigned to minimum custody status unless he has successfully completed the mentally disordered sex offender program.

(k) Any inmate who has been designated as an alien by the department, who has been in the custody of the department less than six months, and:

1. For whom no decision has been made by Immigration and Customs Enforcement regarding deportation,

2. For whom an evaluation regarding deportation is pending, or

3. For whom a decision has been made to deport, shall not be assigned to lower than close custody status.

(l) The following inmates shall not be classified as less than close custody unless approved for assignment to a lower custody by the Chairperson of the State Classification Office as provided in paragraph (l), below:

1. Inmates under sentence of death (maximum custody).

2. Inmates formerly under sentence of death.

3. Inmates serving life sentences with a 25 year mandatory provision and who are not within 5 years of an established release date.

4. Inmates serving life sentences and who are not within 10 years of an established release date.

5. Inmates who are not within 15 years of a release date.

(m) The Chairperson of the State Classification Office may approve an inmate listed in paragraph (k), for lower custody after consideration of the following criteria:

1. Overall institutional adjustment.

2. Time served.

3. Prior offense history.

4. Seriousness of instant offense.

5. Program participation.

6. Needs of the department.

7. Whether the inmate poses a threat to the public.

8. Disciplinary record.

9. Escape history.

10. Security needs.

(n) An inmate may not remain in community custody if subsequently found ineligible or inappropriate for community release program participation.

(3) Review of Inmates Who Have Special Needs. The secretary shall appoint a special needs committee in central office to review those cases in which inmates have been determined by medical services as having special medical needs or inmates who are elderly and have special needs that may be in conflict with the custody levels authorized. The special needs committee will evaluate the special needs, the custody requirements, and the institutional placement best suited to meet an inmate's needs. This committee has the authority to make the final assignment that meets the inmate's needs within the medical and facility resources of the department. This may include a special custody exception on a case by case basis. Inmates identified as having special needs or requiring special review shall be recommended to the impaired inmate special needs coordinator in the central office who will coordinate with classification services and refer each case to the special needs committee. The special needs committee shall be comprised of the Chairperson of the State Classification Office, the Americans with Disabilities Act Coordinator, and the Impaired Inmate Coordinator for Health Services. Committee decisions shall be reviewed by the Secretary.

(4) Progress Assessments.

(a) As used in this subsection:

1. "Review" means meeting of the Institutional Classification Team.

2. "Assessment" means a formal evaluation of the inmate's progress towards the goals set for him or her by the Institutional Classification Team.

(b) Assessments shall be periodically prepared for the purpose of:

1. Recording the inmate's adjustment to the institution.

2. Evaluating the inmate's potential future adjustment.

3. Establishing positive adjustment goals and motivating the inmate to achieve those goals.

4. Providing the inmate with an opportunity to become involved in assessing his progress and in stating his work and program interests.

a. Periodic assessments will record the inmate's program interests.

b. Program goals and placements will be based on the needs assessments tool and within the parameters of that tool.

(c) All inmates are required to appear for assessments and reviews unless a permanent medical condition makes them incapable of participating and the reason is documented in the review. Under any other circumstances, the assessment and review shall be rescheduled if the inmate fails to appear or is temporarily unavailable to attend as scheduled. An inmate shall be notified a minimum of forty-eight hours in advance of an assessment and review unless the inmate waives such notice in writing. All inmates shall be scheduled for assessments at least every 12 months. Close management documentation may be substituted for the required assessments.

(d) Assessments and reviews should also be used to document any program changes made by the Institutional Classification Team between regularly scheduled reviews. In such cases, only the areas encompassing the change need to be noted in the report. Such an abbreviated report will not alter the schedule of reviews.

(e) The schedule for assessments and reviews may be altered and an unscheduled assessment and review prepared upon request by the Florida Commission on Offender Review, in the case of an escape or other unusual occurrence, or in any other case where it is determined such report would be of value. An unscheduled review shall revise the scheduled date of the next review and subsequent reviews.

(f) In preparing assessments, care should be taken that all pertinent facts are included to insure that all up-to-date information concerning changes in an inmate's activity are documented. Additionally, any new recommendations of the committee in regard to inmate goals should be carefully documented and supporting facts included.

(g) An assessment and review will be completed on all transfers by the receiving facility. Movement from one location to another on a temporary basis does not require an assessment and review.

(h) An assessment and review shall be prepared whenever an inmate is being recommended for parole.

(i) All recommendations for a transfer to another facility, to a contract drug treatment program, or for work release shall require the approval of the State Classification Office.

(j) At the time of the first assessment and review, should the inmate record not contain a pre-sentence investigation, the classification officer is responsible for requesting such document(s) from the Probation and Parole Services Office in the region from which the inmate was committed.

(k) Additional gain time is to be considered at the time of any scheduled or unscheduled review.

(l) Assessments and reviews may contain recommendations for the setting of sentences pursuant to Section 921.22, F.S. Such recommendations should specify a definite period of years or months, taking into account the tentative expiration date on the set term, the amount of gain time earned and the amount of time it will take to process the recommendation. Such recommendations should be based on all information concerning the inmate that is available to the team.

(m) The department may in selected cases recommend to the Florida Commission on Offender Review that an inmate be placed on parole at an earlier date than scheduled. Note should be made of an inmate's presumptive parole release date (PPRD) when considering such possibilities. If it is felt that such significant progress has taken place since the setting of the PPRD that it should be moved forward to an earlier date, then such recommendations should be made to the Florida Commission on Offender Review in an assessment and review setting forth the basis for recommending a change in the PPRD. All assessments and reviews containing parole recommendations will be reviewed and approved or disapproved by the Institutional Classification Team and forwarded to the State Classification Office for approval or disapproval. The assessment and review shall then be submitted to the Chief of the Bureau of Classification Management who, on behalf of the Secretary, shall make a recommendation to the Florida Commission on Offender Review. A copy of the report shall be forwarded to the Florida Commission on Offender Review.

Fla. Admin. Code Ann. R. 33-601.210

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 FS.

New 12-7-81, Formerly 33-6.09, Amended 6-8-82, 10-26-83, 6-8-86, 7-8-86, 10-27-88, 1-1-89, 7-4-89, 10-12-89, 1-2-91, Formerly 33-6.009, Amended 7-21-91, 8-30-92, 5-13-96, 6-12-96, 11-19-96, 10-15-97, Formerly 33-6.0045, Amended 9-19-00, 2-25-07, 11-4-08, 7-4-10, 8-12-12, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/14/2014.