Florida Regulations 33-601.733: Visiting – Special Status Inmates
Current as of: 2024 | Check for updates
|
Other versions
(1) Inmates in special statuses, except for medical reasons, are not considered inmates with regular visiting privileges and must have special approval to visit. Inmates in special statuses shall be prohibited or restricted from regular visiting due to adverse impacts on security and orderly institutional operation.
(a) During initial reception periods, inmates awaiting transfer to their initial permanent facility shall not be permitted visits. The warden or duty warden shall grant special visits, as outlined in Fl. Admin. Code R. 33-601.736, if the inmate remains at the reception center more than 45 days.
(b) Inmates in administrative confinement, protective management, or disciplinary confinement status shall have visiting privileges as outlined in Rules 33-602.220, 33-602.221 and 33-602.222, F.A.C., respectively. The warden or designee shall determine whether an approved visit for inmates in one of the above statuses will be non-contact pursuant to Fl. Admin. Code R. 33-601.735
(c) Inmates in the youthful offender basic training program shall be allowed visiting in accordance with Fl. Admin. Code R. 33-601.237
(2) Upon placement in a special classification status where visiting privileges are prohibited or restricted, the warden shall ensure:
(a) That inmates are provided the opportunity, at the inmates’ expense, to notify at least three approved visitors of the prohibition or restriction before the next scheduled visiting day if the situation permits the inmate to do so, or
(b) That staff makes visitor notifications by phone if the inmate is unable to make them.
(3) Visitation for inmates in prolonged hospitalization, with serious medical conditions or terminal illnesses shall be allowed visits unless security or medical issues as determined by the warden and chief health officer preclude visitation. A decision shall be made on a case-by-case basis. If visitation is authorized, the warden, in consultation with the chief health officer, shall determine the visitation schedule and shall inform at least three members of the inmate’s immediate family. The regional director shall be informed in high notoriety cases before allowing visiting.
(4) An inmate housed in a mental health unit shall be permitted visits except as prohibited by the warden upon the advice of the chief health officer on a case-by-case basis.
(a) The warden shall prohibit an inmate housed in a mental health unit from receiving visitation where the warden determines that allowing the visit creates a substantial risk to the security of the institution, inmate, or visitor. In determining whether an inmate should be prohibited from receiving visitation the warden shall consider the custody level, special status, disciplinary history, and any other factors related to the security, order, or effective management of the institution.
(b) The chief health officer shall recommend prohibiting an inmate housed in a mental health unit from receiving visitation where the chief health officer has made or relied on a doctor’s determination that visitation with a particular individual or visitation in general is likely to cause substantial harm to the inmate or the individual visiting the inmate.
(5) A maximum management inmate shall be allowed to receive non-contact visits from approved visitors in accordance with Fl. Admin. Code R. 33-601.820
(6) An inmate in close management shall be allowed to receive visits from approved visitors in accordance with Fl. Admin. Code R. 33-601.800
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History-New 11-18-01, Formerly 33-601.704, Amended 5-27-02, 12-25-08, 6-28-12.
(a) During initial reception periods, inmates awaiting transfer to their initial permanent facility shall not be permitted visits. The warden or duty warden shall grant special visits, as outlined in Fl. Admin. Code R. 33-601.736, if the inmate remains at the reception center more than 45 days.
(b) Inmates in administrative confinement, protective management, or disciplinary confinement status shall have visiting privileges as outlined in Rules 33-602.220, 33-602.221 and 33-602.222, F.A.C., respectively. The warden or designee shall determine whether an approved visit for inmates in one of the above statuses will be non-contact pursuant to Fl. Admin. Code R. 33-601.735
(c) Inmates in the youthful offender basic training program shall be allowed visiting in accordance with Fl. Admin. Code R. 33-601.237
(2) Upon placement in a special classification status where visiting privileges are prohibited or restricted, the warden shall ensure:
(a) That inmates are provided the opportunity, at the inmates’ expense, to notify at least three approved visitors of the prohibition or restriction before the next scheduled visiting day if the situation permits the inmate to do so, or
(b) That staff makes visitor notifications by phone if the inmate is unable to make them.
(3) Visitation for inmates in prolonged hospitalization, with serious medical conditions or terminal illnesses shall be allowed visits unless security or medical issues as determined by the warden and chief health officer preclude visitation. A decision shall be made on a case-by-case basis. If visitation is authorized, the warden, in consultation with the chief health officer, shall determine the visitation schedule and shall inform at least three members of the inmate’s immediate family. The regional director shall be informed in high notoriety cases before allowing visiting.
(4) An inmate housed in a mental health unit shall be permitted visits except as prohibited by the warden upon the advice of the chief health officer on a case-by-case basis.
(a) The warden shall prohibit an inmate housed in a mental health unit from receiving visitation where the warden determines that allowing the visit creates a substantial risk to the security of the institution, inmate, or visitor. In determining whether an inmate should be prohibited from receiving visitation the warden shall consider the custody level, special status, disciplinary history, and any other factors related to the security, order, or effective management of the institution.
(b) The chief health officer shall recommend prohibiting an inmate housed in a mental health unit from receiving visitation where the chief health officer has made or relied on a doctor’s determination that visitation with a particular individual or visitation in general is likely to cause substantial harm to the inmate or the individual visiting the inmate.
(5) A maximum management inmate shall be allowed to receive non-contact visits from approved visitors in accordance with Fl. Admin. Code R. 33-601.820
(6) An inmate in close management shall be allowed to receive visits from approved visitors in accordance with Fl. Admin. Code R. 33-601.800
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History-New 11-18-01, Formerly 33-601.704, Amended 5-27-02, 12-25-08, 6-28-12.