Florida Regulations 33-601.601: Temporary Release of Inmates for Specific Purposes
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(1) The regional directors are the Secretary’s designees for the purpose of approving or disapproving the temporary transfer of custody of any inmate housed within their respective regions, including those housed in private facilities, to attend a funeral or have a deathbed visit.
(2) Attendance of an inmate at a funeral or a deathbed visit will be made at the expense of the inmate or the inmate’s family. The Department of Corrections will incur no expense for the inmate’s transportation or attendance.
(3) Funerals and deathbed visits are restricted to members of the inmate’s immediate family or to other relatives or adopted relatives who were instrumental in the raising of the inmate. An inmate may attend a funeral of or have a deathbed visit with a relative, but not both for the same relative.
(4) The family of an inmate who is not eligible for furlough or who has been denied furlough wishing to have the inmate attend a funeral or make a deathbed visit must contact the sheriff or chief of the tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur and arrange for transportation. The department will not review a request for temporary assumption of custody unless the sheriff or chief of tribal police has taken the following actions:
(a) Contacted the warden at the institution in which the inmate is housed to make arrangements for the transfer of custody;
(b) Provided written confirmation to the warden that the request of the funeral is confirmed by the attending funeral home or a qualified licensed physician validates imminent death;
(c) Provided the date, length, and place of the requested funeral or deathbed visit;
(d) Identified and authorized in writing a designee if the request is made on behalf of the sheriff or chief of tribal police and that the designee will take temporary custody of the inmate in accordance with the custody and transportation requirements set forth in this rule;
(e) A sheriff or chief of tribal police from a county or jurisdiction other than the county or jurisdiction in which the funeral or deathbed visit is to occur may transport the inmate provided the sheriff or chief of tribal police from the county or jurisdiction in which the funeral or deathbed visit is to occur agrees to the transport in writing. A copy of the agreement will be provided to the warden of the releasing facility.
(5) The warden will prepare for the regional director the following packet on an inmate being considered for a funeral or deathbed visit and make a recommendation to the regional director:
(a) A cover memorandum which includes the request information and the warden’s recommendation,
(b) The sheriff’s or chief of tribal police’s request,
(c) The sheriff’s or chief of tribal police’s designee letter,
(d) The written agreement for transport if not being made by the sheriff or chief of tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur, and
(e) Documentation pursuant to paragraph (6)(d), if the inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit.
(6) The regional director will review the automated inmate record and the documentation provided by the warden to determine the inmate’s suitability for the temporary transfer of custody. An inmate under sentence of death, housed in a Correctional Mental Health Institution pursuant to court order of commitment, or in close management will not be eligible to attend a funeral or deathbed visit. If the following conditions exist, an inmate will not be eligible to attend a funeral or deathbed visit unless it is recommended the condition be waived by the regional director in writing and approved by the Deputy Assistant Secretary of Institutions or designee. Decisions will be made on a case by case basis.
(a) The inmate has become a management problem and is under consideration for close management;
(b) The inmate has a prior history of escape or attempted escape (conviction is not required) and is presently close custody;
(c) The inmate has had one or more major disciplinary violations as defined in subsection 33-601.302(11), F.A.C., in the last six months;
(d) The inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit unless a psychiatrist provides in writing that the inmate is suitable for temporary release pursuant to this rule.
(7) If the regional director approves the inmate for temporary release of custody, the warden or his or her designee will inform the sheriff or chief of tribal police by completing and faxing a written authorization to the requesting authority. The location of the inmate, when the inmate can be picked up, when the inmate is to be returned to department custody as determined by the regional director, and conditions of the transfer of custody if any will be included on the authorization.
(8) If the regional director disapproves the inmate, the warden or his or her designee will notify the requesting authority and document same in the inmate’s file.
(9) Prior to the temporary release from custody, the warden will notify in writing the sheriff or chief of tribal police of the custody requirements of the inmate for whom they are assuming custody.
(10) If an inmate is to be transported out-of-state for a funeral or deathbed visit, the inmate will sign a waiver of extradition for the purpose stated and the inmate’s subsequent return to the department as a condition of the temporary transfer of custody to the other state.
(11) An inmate being temporarily released to attend a funeral or deathbed visit must agree to submit to substance abuse testing as a condition of the release to determine whether unauthorized or illegal substances were used while outside the custody of the department, and to pay for the cost of the testing if the results are positive.
(12) The warden or shift supervisor will:
(a) Verify the identity of the agent arriving at the institution to take custody of the inmate,
(b) Secure a receipt for temporary transfer of custody, and
(c) Ensure that there are no breaches of security and transportation requirements by the transporting agent that poses a threat to public safety.
(13) The warden or shift supervisor is authorized to refuse to relinquish temporary custody if any condition of this procedure is not met. The regional director will be informed immediately of such a decision.
(14) Upon return of the inmate to the custody of the department:
(a) Institutional staff shall provide a receipt to the agent returning the inmate, certifying the return of the inmate to department custody.
(b) The inmate shall be tested to determine whether alcohol, drugs or unauthorized controlled substances were used while the inmate was out of the department’s custody.
(c) The inmate shall be examined by medical staff.
Rulemaking Authority 20.315, 944.09 FS. Law Implemented Florida Statutes § 944.09. History-New 10-8-76, Formerly 33-7.03, Amended 4-25-86, 2-12-97, 11-16-97, Formerly 33-7.003, Amended 5-26-05, 2-20-13, 9-3-13.
Terms Used In Florida Regulations 33-601.601
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) Funerals and deathbed visits are restricted to members of the inmate’s immediate family or to other relatives or adopted relatives who were instrumental in the raising of the inmate. An inmate may attend a funeral of or have a deathbed visit with a relative, but not both for the same relative.
(4) The family of an inmate who is not eligible for furlough or who has been denied furlough wishing to have the inmate attend a funeral or make a deathbed visit must contact the sheriff or chief of the tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur and arrange for transportation. The department will not review a request for temporary assumption of custody unless the sheriff or chief of tribal police has taken the following actions:
(a) Contacted the warden at the institution in which the inmate is housed to make arrangements for the transfer of custody;
(b) Provided written confirmation to the warden that the request of the funeral is confirmed by the attending funeral home or a qualified licensed physician validates imminent death;
(c) Provided the date, length, and place of the requested funeral or deathbed visit;
(d) Identified and authorized in writing a designee if the request is made on behalf of the sheriff or chief of tribal police and that the designee will take temporary custody of the inmate in accordance with the custody and transportation requirements set forth in this rule;
(e) A sheriff or chief of tribal police from a county or jurisdiction other than the county or jurisdiction in which the funeral or deathbed visit is to occur may transport the inmate provided the sheriff or chief of tribal police from the county or jurisdiction in which the funeral or deathbed visit is to occur agrees to the transport in writing. A copy of the agreement will be provided to the warden of the releasing facility.
(5) The warden will prepare for the regional director the following packet on an inmate being considered for a funeral or deathbed visit and make a recommendation to the regional director:
(a) A cover memorandum which includes the request information and the warden’s recommendation,
(b) The sheriff’s or chief of tribal police’s request,
(c) The sheriff’s or chief of tribal police’s designee letter,
(d) The written agreement for transport if not being made by the sheriff or chief of tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur, and
(e) Documentation pursuant to paragraph (6)(d), if the inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit.
(6) The regional director will review the automated inmate record and the documentation provided by the warden to determine the inmate’s suitability for the temporary transfer of custody. An inmate under sentence of death, housed in a Correctional Mental Health Institution pursuant to court order of commitment, or in close management will not be eligible to attend a funeral or deathbed visit. If the following conditions exist, an inmate will not be eligible to attend a funeral or deathbed visit unless it is recommended the condition be waived by the regional director in writing and approved by the Deputy Assistant Secretary of Institutions or designee. Decisions will be made on a case by case basis.
(a) The inmate has become a management problem and is under consideration for close management;
(b) The inmate has a prior history of escape or attempted escape (conviction is not required) and is presently close custody;
(c) The inmate has had one or more major disciplinary violations as defined in subsection 33-601.302(11), F.A.C., in the last six months;
(d) The inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit unless a psychiatrist provides in writing that the inmate is suitable for temporary release pursuant to this rule.
(7) If the regional director approves the inmate for temporary release of custody, the warden or his or her designee will inform the sheriff or chief of tribal police by completing and faxing a written authorization to the requesting authority. The location of the inmate, when the inmate can be picked up, when the inmate is to be returned to department custody as determined by the regional director, and conditions of the transfer of custody if any will be included on the authorization.
(8) If the regional director disapproves the inmate, the warden or his or her designee will notify the requesting authority and document same in the inmate’s file.
(9) Prior to the temporary release from custody, the warden will notify in writing the sheriff or chief of tribal police of the custody requirements of the inmate for whom they are assuming custody.
(10) If an inmate is to be transported out-of-state for a funeral or deathbed visit, the inmate will sign a waiver of extradition for the purpose stated and the inmate’s subsequent return to the department as a condition of the temporary transfer of custody to the other state.
(11) An inmate being temporarily released to attend a funeral or deathbed visit must agree to submit to substance abuse testing as a condition of the release to determine whether unauthorized or illegal substances were used while outside the custody of the department, and to pay for the cost of the testing if the results are positive.
(12) The warden or shift supervisor will:
(a) Verify the identity of the agent arriving at the institution to take custody of the inmate,
(b) Secure a receipt for temporary transfer of custody, and
(c) Ensure that there are no breaches of security and transportation requirements by the transporting agent that poses a threat to public safety.
(13) The warden or shift supervisor is authorized to refuse to relinquish temporary custody if any condition of this procedure is not met. The regional director will be informed immediately of such a decision.
(14) Upon return of the inmate to the custody of the department:
(a) Institutional staff shall provide a receipt to the agent returning the inmate, certifying the return of the inmate to department custody.
(b) The inmate shall be tested to determine whether alcohol, drugs or unauthorized controlled substances were used while the inmate was out of the department’s custody.
(c) The inmate shall be examined by medical staff.
Rulemaking Authority 20.315, 944.09 FS. Law Implemented Florida Statutes § 944.09. History-New 10-8-76, Formerly 33-7.03, Amended 4-25-86, 2-12-97, 11-16-97, Formerly 33-7.003, Amended 5-26-05, 2-20-13, 9-3-13.