Florida Regulations 33-601.713: Inmate Visitation – Definitions
Current as of: 2024 | Check for updates
|
Other versions
For purposes of Rules 33-601.713 through 33-601.737, F.A.C., the words and phrases noted below are defined as follows:
(1) “”Actual Possession”” refers to physical occupancy or control over property.
(2) “”Approved Visitor”” refers to a person who is approved by the assigned institutional classification officer, warden, or duty warden to visit an inmate and whose approval is documented in the automated visiting record.
(3) “”Authorized Adult”” refers to an approved visitor eighteen years of age or older who has notarized authorization to escort a minor and represent the minor’s parent or legal guardian should the minor need to be questioned or searched for visitation purposes.
(4) “”Automated Visitation Scheduling System”” refers to a Department-approved electronic scheduling service provided by a contracted vendor.
(5) “”Automated Visiting Record (AVR)”” refers to a computer subsystem of the Department’s electronic inmate database that automates visitor entry into and exit from institutions and records visitation information.
(6) “”Background Check”” refers to a process used by the Department to verify that an individual is the person they claim to be and to determine whether that individual has a criminal record.
(7) “”Constructive Possession”” refers to control or dominion over property without actual possession or custody of the property.
(8) “”Criminal Activity”” refers to an act that would be a violation of federal or state law if committed in the presence of a law enforcement official, regardless of whether the violation would be a felony or misdemeanor, and notwithstanding any potential penalty.
(9) “”Criminal Intelligence Information”” refers to information relating to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
(10) “”Emancipated Minor”” refers to an approved visitor seventeen years of age or younger who has furnished written proof of emancipation attached to a completed Form DC6-111A, Request for Visiting Privileges. Form DC6-111A is incorporated by reference in Fl. Admin. Code R. 33-601.715
(11) “”Family”” refers to an inmate’s lawful spouse, children, parents, brothers, sisters, grandparents, great-grandparents, grandchildren, stepbrothers, stepsisters, stepparents, step-grandparents, aunts, uncles, nieces, nephews, foster parents, stepchildren, half-brothers, half-sisters, brothers-in-law, sisters-in-law, mothers-in-law, fathers-in-law, sons-in-law, and daughters-in-law.
(12) “”Indefinite Suspension”” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for an unspecified period of time pursuant to Fl. Admin. Code R. 33-601.731
(13) “”Institution”” refers to a “”state correctional institution”” as defined in Florida Statutes § 944.02
(14) “”Institutional Classification Team (ICT)”” refers to the team consisting of the warden or assistant warden, classification supervisor, a chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is considered a fourth member of the ICT when reviewing all job or program assignment, transfer, and custody recommendations or decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.
(15) “”Maximum Capacity”” refers to the capacity of an inside visiting park as determined by the State Fire Marshal.
(16) “”Minor”” refers to a person seventeen years of age or younger who is approved to visit, but who, when visiting, must be accompanied by a parent, legal guardian, or authorized adult who is an approved visitor.
(17) “”Non-Contact Visiting”” refers to visitation at authorized institutions where a structural barrier that allows verbal communication is used to prevent an inmate and approved visitor from having any form of physical contact while visiting.
(18) “”Reasonable Suspicion”” refers to a particularized basis for suspecting a person of criminal activity that is supported by specific and articulable facts.
(19) “”Regular Visit”” refers to an approved visit between an inmate and an approved visitor on the inmate’s automated visiting record that occurs in accordance with Fl. Admin. Code R. 33-601.722
(20) “”Request for Visitation Privileges”” refers to Form DC6-111A, which must be completed by all prospective visitors twelve years of age and older and forwarded to the assigned institutional classification officer for resolution.
(21) “”Scheduled Visiting Days”” refers to the specific days and times an inmate is authorized to be visited pursuant to Fl. Admin. Code R. 33-601.722
(22) “”Secured Facility”” refers to any state correctional institution, federal prison, juvenile detention center, municipal jail, or other facility where an individual is confined pursuant to a court order or lawful arrest.
(23) “”Security Threat Group (STG)”” has the same meaning as set forth in Fl. Admin. Code R. 33-601.800
(24) “”Service Animal”” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this definition.
(25) “”Special Status Inmate”” refers to an inmate who is not housed in the general population but is in a special classification status as outlined in Fl. Admin. Code R. 33-601.733, who is prohibited or restricted from being visited based on their status.
(26) “”Special Visit”” refers to a visit authorized pursuant to Rule 33-601.722, 33-601.733, or 33-601.736, F.A.C., on a day, at a time, or for a duration of time other than an inmate’s regular visits, or with a person not approved in the inmate’s automated visiting record.
(27) “”Suspension”” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for a specified period of time pursuant to Fl. Admin. Code R. 33-601.731
(28) “”Unclothed Body Search”” refers to the process whereby a person is required to remove some or all of their clothing, including undergarments, in order to have their body and clothing visually inspected for the purpose of finding contraband.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History-New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12, 2-21-13, 3-6-14, 1-26-23.
Terms Used In Florida Regulations 33-601.713
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) “”Approved Visitor”” refers to a person who is approved by the assigned institutional classification officer, warden, or duty warden to visit an inmate and whose approval is documented in the automated visiting record.
(3) “”Authorized Adult”” refers to an approved visitor eighteen years of age or older who has notarized authorization to escort a minor and represent the minor’s parent or legal guardian should the minor need to be questioned or searched for visitation purposes.
(4) “”Automated Visitation Scheduling System”” refers to a Department-approved electronic scheduling service provided by a contracted vendor.
(5) “”Automated Visiting Record (AVR)”” refers to a computer subsystem of the Department’s electronic inmate database that automates visitor entry into and exit from institutions and records visitation information.
(6) “”Background Check”” refers to a process used by the Department to verify that an individual is the person they claim to be and to determine whether that individual has a criminal record.
(7) “”Constructive Possession”” refers to control or dominion over property without actual possession or custody of the property.
(8) “”Criminal Activity”” refers to an act that would be a violation of federal or state law if committed in the presence of a law enforcement official, regardless of whether the violation would be a felony or misdemeanor, and notwithstanding any potential penalty.
(9) “”Criminal Intelligence Information”” refers to information relating to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
(10) “”Emancipated Minor”” refers to an approved visitor seventeen years of age or younger who has furnished written proof of emancipation attached to a completed Form DC6-111A, Request for Visiting Privileges. Form DC6-111A is incorporated by reference in Fl. Admin. Code R. 33-601.715
(11) “”Family”” refers to an inmate’s lawful spouse, children, parents, brothers, sisters, grandparents, great-grandparents, grandchildren, stepbrothers, stepsisters, stepparents, step-grandparents, aunts, uncles, nieces, nephews, foster parents, stepchildren, half-brothers, half-sisters, brothers-in-law, sisters-in-law, mothers-in-law, fathers-in-law, sons-in-law, and daughters-in-law.
(12) “”Indefinite Suspension”” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for an unspecified period of time pursuant to Fl. Admin. Code R. 33-601.731
(13) “”Institution”” refers to a “”state correctional institution”” as defined in Florida Statutes § 944.02
(14) “”Institutional Classification Team (ICT)”” refers to the team consisting of the warden or assistant warden, classification supervisor, a chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is considered a fourth member of the ICT when reviewing all job or program assignment, transfer, and custody recommendations or decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.
(15) “”Maximum Capacity”” refers to the capacity of an inside visiting park as determined by the State Fire Marshal.
(16) “”Minor”” refers to a person seventeen years of age or younger who is approved to visit, but who, when visiting, must be accompanied by a parent, legal guardian, or authorized adult who is an approved visitor.
(17) “”Non-Contact Visiting”” refers to visitation at authorized institutions where a structural barrier that allows verbal communication is used to prevent an inmate and approved visitor from having any form of physical contact while visiting.
(18) “”Reasonable Suspicion”” refers to a particularized basis for suspecting a person of criminal activity that is supported by specific and articulable facts.
(19) “”Regular Visit”” refers to an approved visit between an inmate and an approved visitor on the inmate’s automated visiting record that occurs in accordance with Fl. Admin. Code R. 33-601.722
(20) “”Request for Visitation Privileges”” refers to Form DC6-111A, which must be completed by all prospective visitors twelve years of age and older and forwarded to the assigned institutional classification officer for resolution.
(21) “”Scheduled Visiting Days”” refers to the specific days and times an inmate is authorized to be visited pursuant to Fl. Admin. Code R. 33-601.722
(22) “”Secured Facility”” refers to any state correctional institution, federal prison, juvenile detention center, municipal jail, or other facility where an individual is confined pursuant to a court order or lawful arrest.
(23) “”Security Threat Group (STG)”” has the same meaning as set forth in Fl. Admin. Code R. 33-601.800
(24) “”Service Animal”” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this definition.
(25) “”Special Status Inmate”” refers to an inmate who is not housed in the general population but is in a special classification status as outlined in Fl. Admin. Code R. 33-601.733, who is prohibited or restricted from being visited based on their status.
(26) “”Special Visit”” refers to a visit authorized pursuant to Rule 33-601.722, 33-601.733, or 33-601.736, F.A.C., on a day, at a time, or for a duration of time other than an inmate’s regular visits, or with a person not approved in the inmate’s automated visiting record.
(27) “”Suspension”” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for a specified period of time pursuant to Fl. Admin. Code R. 33-601.731
(28) “”Unclothed Body Search”” refers to the process whereby a person is required to remove some or all of their clothing, including undergarments, in order to have their body and clothing visually inspected for the purpose of finding contraband.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History-New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12, 2-21-13, 3-6-14, 1-26-23.