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Admin Law Presentation

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by

Jose Melendez III

on 5 October 2012

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Transcript of Admin Law Presentation

Dept. of Corrections:
Proposed Rule re: Enclosures of Incoming Mail Legal Docs & Legal Mail. Up to 10 of the following: unused Greeting Cards w/ matching envelopes, stationery or other writing paper, envelopes (stamped or unstamped). These do not count toward the 15 page limit for additional materials, but cannot exceed 10 each in number. Inmates will be permitted to receive only the following types of materials through routine mail: Inmates shall Present ALL outgoing Legal Mail UNsealed to the mail collection representative to determine, in the presence of the inmate, that the correspondence is Legal Mail, bears that inmate's return address & signature, &
contains NO UNauthorized items. Provided to name of institution, day, month, and year for mailing, by (officer's initials). The date stamp shall be in the following format: When an inmate is prohibited from sending a letter, the letter & a written & signed notice stating 1 of the authorized reasons for disapproval & indicating the portion or portions of the letter causing disapproval will be given to the inmate.

When an inmate is Prohibited from receiving any item of mail, the inmate & the sender will be given notice in writing that the mail has been
disapproved stating 1 of the authorized reasons for disapproval. Card Stock, Sketch Paper,
& other types of craft paper MAY NOT be Included. ONLY the address may be read to determine whether it is properly addressed to a person or entity. IF the outgoing mail contains
UNAUTHORIZED items or is
not Legal Mail, the inmate
shall be subject to
Disciplinary Action. IF the outgoing mail is legal mail & it contains no
unauthorized items, the mail collection rep. shall stamp the docs to be mailed & the inmate's copy, if provided by the inmate. The mail collection rep shall then have the inmate initial the docs next to the stamp & have the inmate seal the envelope in the mail collection rep's presence. For Confinement areas, the staff member who picks up the legal mail each day shall stamp the docs, then have the inmate place his or her initials next to the stamp & have the inmate seal the envelope in the staff member's
presence.
The use of mail drop
boxes for outgoing
legal mail is
PROHIBITED. The rule is amended to specify the mailing limits assoc w/enclosures in routing incoming mail & to ensure that the dept's date stamps for outgoing legal mail are complete & uniform throughout the state. SERC (Statement of Estimated Regulatory Costs)- the Agency has determined that this will NOT have an adverse impact on small biz, or likely increase directly or indirectly
regulatory costs in excess of $20k in the
aggregate w/in 1 yr after the
implementation of the rule. Any person who wishes to provide info regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alt MUST do so in writing w/in 21 days of this Notice. RULE MAKING AUTHORITY: 944.09 FS
LAW IMPLEMENTED: 20.315,944.09, 944 FS.
IF REQUESTED W/IN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED & ANNOUNCED IN THE FAW. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 S. Calhoun St., Tallahassee, FL 32399-2500 Amendment - Routine Mail: 33-210.101 (2)(a)
Written Correspondence (no limit to the # of pgs) Correspondence shall be written in either English or Spanish. Inmates who cannot read & write in English or Spanish shall request approval from the warden to correspond & receive correspondence in the language which the inmate can read & write using Form DC6-236
Inmate request. The warden shall approve when there are staff who can translate or when possible obtain translation svcs at a de minimus cost to the dept. Correspondence may be written on greeting cards, but cards containing electronic or other non-paper parts, cards that are constructed in such a way to permit concealment of contraband, or cards that are lager than 8x10 will NOT be permitted. (b) Up to 15 pgs of add'l written materials, UNLESS the add'l written materials pertain to an inmate's LEGAL CASE, or health or other Significant Issues &/or prior approval is obtained from the warden to send in an enclosure of > 15pgs. Individual articles or clippings from publications which contain permissible content are permissible w/in the 15pg limit.
NO ITEM can be glued, taped, stapled, or otherwise affixed to a page. Requests to send enclosures > 15pgs shall be made to the warden prior to sending the material. The warden shall advise the sender & the mail room of his approval or disapproval of the request. (c) Photos - will count towards the 15pg add'l material limit. NUDE photos will NOT be permitted. Polaroids will NOT be permitted. Photos will NOT exceed 8x10. (3) NO other items may be received through incoming routine mail. IF an impermissible item is found (other than items of an illegal nature (the entire correspondence will be returned to the sender pursuant to subsection (14) of this rule. For ex: the following items are NOT permissible for inclusion in or attachment to routine mail: stickers, stamps, (other than postage stamps, postal service attachments, & address labels
affixed to the outside of the mailing envelope.
Address labels (other than those affixed to
the outside of the mailing envelope). (5) Any routine mail sent or received shall be Opened, Examined & is subject to being read by a designated employee.
IF prior approval from the warden has been obtained to write
in a language other than English or Spanish, it shall be
translated to confirm that it complies w/the rules.
IF the language can't be translated by an employee the
correspondence may be photocopied & sent to another
institution for translation.
Outgoing mail shall NOT be sealed by the inmate.
Incoming mail that is properly addressed & otherwise
in compliance w/the rules shall NOT be held for processing
for more than 48hrs of receipt by the mail rm, exluding wknds & holidays. (8) Correspondence w/individuals under civil commitment as sexually violent predators shall be subject to the prior approval of the warden.
The warden shall withhold approval if he finds that the intended correspondence would present a substantial threat of interference w/the security, order, or rehabilitative objectives of
the institution.
(9) inmates shall NOT use correspondence privileges
to solicit for $$, goods or svcs. This also includes
advertising for pen-pals; inmates are not prohibited
from having pen-pals, but shall not place ads soliciting
pen-pals. Those that do so, are subject to discipline. Inmates may NOT send mail to any person who has advised that he does not wish to receive mail from the inmate. After the inmate is notified of the correspondence restriction, any further attempt to correspond will be
considered a violation of this rule & of section
9-14 of the Rules of Prohibited Conduct
(Rule 33-601.314, F.A.C.), & will subject the
inmate to disciplinary action. (11) Outgoing or incoming mail shall be disapproved for mailing or
delivery to the inmate if any part of it: Depicts, encourages, or describes methods of Escape from correctional
facilities or contains blueprints, drawings, or
similar descriptions, or includes road maps that
can facilitate escape from correctional facilities.
Depicts or describes procedures for the brewing
of alcoholic bev's or the manufacture of drugs or
other intoxicants. Depicts or describes, or encourages activities that may lead to the use of physical violence or group disruption. Is Dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution or violation of dept or institution rules. Threatens physical harm, blackmail, or extortion. Pictorially depicts sexual conduct as defined by Section 847.001, F.S. Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. Contains criminal history, offender registration,
or other personal information about another inmate or
offender which, in the hands of an inmate, presents a
threat to the security order or rehabilitative objectives of
correctional system or to the safety of any person. USPS MAIL ONLY: Addresses of ALL incoming mail MUST contain the inmate's committed name, I.D. #, & institutional address. The inmate's dorm & bunk locations are not required. ALL incoming mail shall contain the return address of the sender. The return address of incoming mail is subject to verification, & incoming mail shall be rejected if the sender or recipient can't be verified.

Addresses of outgoing mail shall contain the inmate's
committed name, I.D. # & institutional name & institutional
address.
Full transcript