Florida Department of Corrections rules on sentence structure and inmate transportation

EFTA00188501¶

RULES¶

OF THE¶

DEPARTMENT OF CORRECTIONS¶

CHAPTER 33-603¶

SENTENCE STRUCTURE AND TRANSPORTATION¶

33-603.101 Use of Committed Name.¶

(12-12-06)¶

33-603.201 Transfer of Inmates. (8-28-01)¶

33-603.401 Gain Time - Definitions. (4-21-96)¶

| 33-603.402 | Basic Gain Time. (3-24-96) |¶

| :--- | :--- |¶

33-603.409 Cancellation of Administrative Gain Time and Provisional Credits. (4-17-94)¶

33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction.¶

(3-30-95)¶

| 33-603.411 | Warrants for Retaking Offenders. (1-06-94) |¶

| :--- | :--- |¶

33-603.412 Actual Release Date.¶

(2-26-80)¶

33-603.101 Use of Committed Name.¶

(1) (a) In order to avoid conflicts in mailing and visiting privileges, as well as to assist inmates in making bank and canteen transactions and ensure timely delivery of legal documents, and to provide staff with a consistent means of inmate identification for security and daily institutional operation purposes, each inmate shall be recognized by the department under the name on the initial commitment under which the inmate was received. The committed name shall be obtained from the information or indictment page of the commitment package, not from the uniform commitment to custody cover sheet. For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the earliest imposed case. For multiple cases imposed on the same date, commitments are arranged according to service of the sentences or sequential order as directed by the sentencing court and the committed name is the name on the information page of the first imposed case as so designated. For multiple cases imposed on the same date where the order of sentencing cannot be determined, the cases are arranged numerically and the committed name is the name on the information page of the commitment with the lowest case number. This name shall be the inmate’s official identification throughout the continuous incarceration of the inmate on that sentence or combined sentences and must be included on any official document sent or¶

received by the inmate except as provided in¶

(3) below.¶

(b) The department shall register any known aliases on the inmate’s record and shall also designate on the record which name is the inmate’s true or legal name if this information is available. If an inmate’s true or legal name is not the committed name, the inmate shall be permitted to use the true or legal name on documents and mail so long as the committed name and DC number appear first, followed by the true or legal name.¶

(c) Legal Religious Names.¶

1. Upon request of an inmate to include a legal religious name to the inmate identification card, the warden or facility head shall forward the request and supporting documentation to the Office of the General Counsel for verification that the inmate’s name has been legally changed for religious reasons through court order, birth certificate or other legally acceptable documentation. When verification is complete, the Office of the General Counsel shall notify the warden or facility head in writing.

2. The institution or facility shall affix a label to the reverse side of the inmate identification card which bears the following:

This is to certify that the legal religious name of inmate DC# ___ is [INSERT LEGAL RELIGIOUS NAME]¶

[Signature] Warden or Facility Head, Name of Facility¶

3. A legal religious name change does not require that the department alter official records; the inmate’s committed name shall be used for all department business.

(d) Nothing in this rule prohibits issuance of an educational or vocational certificate in the inmate’s true or legal name providing that the office issuing such certificate provides a photocopy of the certificate to be placed in the inmate’s institutional file and such copy also reflects the inmate’s committed name and identification number.¶

(2) Incoming and outgoing mail shall be processed in accordance with rule 33-210.101 and 33-210.102.¶

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(3) An inmate who has litigation pending which was filed under a name other than the official name shall be responsible for notifying the institution or facility mailroom in writing of the name under which litigation is pending. Incoming legal mail addressed to an inmate under a name other than the official committed name shall be forwarded to the inmate if the inmate has notified the mailroom of pending legal actions under this name. If there is no record of such notification by the inmate, the mailroom shall request that the appropriate institutional office check the offender information system for identification of the addressee. If such effort fails to reveal proper identification, the mail shall be returned to the sender with appropriate notations that the addressee could not be identified.¶

(4) An inmate who desires to have a document or documents notarized under a name other than the official committed name shall advise the notarizing officer in writing at least three working days prior to requesting such notarization. The notice shall specify the name under which the inmate plans to sign. The notary shall review the inmate’s record to confirm that the name is a true or legal name or a known alias. If there is no record of the name in the institutional file, or the inmate cannot provide identification or documentation that the name is either his or her true or legal name, or that there is a legal action pending involving the inmate under such name, the officer shall not notarize the signature. Following production of such identification or documentation, the notary shall notarize the document and indicate the manner by which the inmate was identified. If the inmate has obtained a legal religious name change and wishes to have documents notarized under this name, the legal religious name affixed to an inmate identification card shall be sufficient for purposes of provision of notary services unless there is a reason to believe that the information has been forged or altered.¶

Specific Authority 944.09 FS. Law Implemented 944.09 FS. History—New 9-30-93, Formerly 33-6.012, Amended 4-29-02, 5-20-03, 7-7-05, 12-12-06.¶

33-603.201 Transfer of Inmates.¶

(1) For the purposes of this rule “transfer” shall mean the reassignment and¶

movement of inmates from one institutional facility to another. “Transfer” does not include such movement as may be required for the normal operations of the Department such as outside trips sponsored by religious, Jaycee and Alcoholics Anonymous groups and trips by work and maintenance crews. The institutional inmate record and all sub-files must accompany any inmate being routinely transferred between department facilities, except in emergency situations. In emergency situations medical records will be transferred with the inmate except that in emergencies such as the evacuation of a facility, the medical records will be boxed together with all records going to one location and forwarded to the receiving institution(s) with the inmates or as soon as possible. In such emergencies, individual packaging of medical records is waived. The institutional inmate record shall also accompany the inmate unless the inmate’s health and welfare would be jeopardized if the transfer were delayed for the amount of time required to obtain the record. Local procedures shall be established to ensure that appropriate facility staff have access to the institutional inmate record during weekends, holidays, and after normal business hours. Such procedures shall ensure that the security of the record is not compromised and that accountability for the record is maintained in the event that access is required other than during normal working hours. Following an emergency transfer, all other sub-files, such as the visiting record, educational record, property record, etc., shall be forwarded by the sending facility within 72 hours following the transfer.¶

(2) In order to ensure coordination in the operation of the transfer system, ensure the safety of the public, employees and inmates and to maintain proper security practices, a qualified officer must be in charge of each transfer. This rule shall also apply to work release centers except when inmate drivers are involved.¶

(3) All Department employees transferring inmates shall be certified as Correctional Officers. Transfer officers must also comply with the specific requirements outlined in Chapter 316, Florida Statutes.¶

(4) The transfer officer shall be responsible for maintaining schedules approved by the Bureau of Sentence Structure and Transportation, supervising and¶

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instructing additional personnel assigned, guarding inmates, maintaining order and discipline and ensuring the secure and safe custody of inmates being transferred.¶

(5) The transfer vehicle must be maintained in accordance with the guidelines set forth in Chapter 316, Florida Statutes, and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication.¶

(6) The vehicle shall be thoroughly searched and all security features inspected prior to boarding any inmates. Continuing checks shall be made periodically by the transfer officer while en route. Vehicle inspection shall be conducted during the time the transfer vehicle is stopped prior to departing on or continuing a trip.¶

(7) The transfer officer shall ensure that the transfer orders, commitment papers or other documents authorizing transfers are in order prior to the boarding of inmates. Each inmate must be properly identified by the transfer officer prior to assuming or relinquishing supervision and control of the inmate. The transfer officer shall verify the identity of law enforcement agencies and their representatives prior to releasing an inmate into their custody.¶

(8) The transfer officer shall ensure that all inmates are searched prior to boarding the transfer vehicle. Searches shall be conducted by or under the direct supervision of the transfer officer when assistance is obtained from the institution.¶

(9) The Chief Health Officer may specify that an inmate who is mentally or physically ill be transferred separately from the general population inmates. In addition, if there is any indication that an inmate who is to be transferred is not in good physical or mental condition, the transfer officer shall secure the advice of the institution physician before beginning the trip. Transfer of an inmate who is ill or injured shall be undertaken based on the advice of the Chief Health Officer on duty. The Chief Health Officer shall determine if medical staff are to accompany the inmate while being transferred. If he does decide that medical staff need to accompany the inmate, he must assign this staff.¶

(10) In transferring any death row, close management, or disciplinary confinement inmate, or any inmate determined by the Chief of Security to be a high-risk inmate, the¶

following shall be required:¶

(a) The inmate shall be restrained with handcuffs, waist chains with a C and S handcuff cover (black box), and leg irons and transferred in a secure caged vehicle. The driver shall be unarmed in order to handle inmates en route if necessary.¶

(b) The transfer vehicle shall be accompanied by a trailing escort vehicle driven by a well-armed officer. “Well-armed” shall mean possession of a semiautomatic rifle or shotgun.¶

(c) If several inmates are being transferred, the transfer vehicle shall have a second armed officer in attendance.¶

(d) Communication between the two vehicles is essential and is required between both vehicles and the home station.¶

(e) The Chief of Security or shift supervisor is authorized to make individual exceptions to the assignment of a trailing escort vehicle for close management III and disciplinary confinement inmates.¶

(I) The reception centers shall be authorized to transport close management I, II, and III inmates in the secure caged area within a specially designed secure transfer bus without the necessity of a trailing escort vehicle.¶

(g) Protective management inmates shall not be routinely transported on reception center transfer buses.¶

(h) Specific written instructions will be provided from the transportation section of the Bureau of Sentence Structure and Transportation.¶

(11) The transfer officer shall conduct a head count of inmates prior to departure and maintain continuing checks while en route and upon arrival at the receiving institution.¶

(12) If more than one officer is assigned to the transfer trip, at least one officer shall remain with the vehicle to provide supervision during stops. When there is only one officer, the vehicle must be parked in such a way that supervision can be provided for the vehicle and all inmates departing the vehicle. If stops occur within the secure confines of an institution and inmates remain on board the vehicle, the vehicle shall be parked so that the institution can provide proper supervision before the transfer officer leaves the vehicle.¶

(13) Manpower requirements shall vary depending upon the mode of transfer, the¶

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distance to be traveled and the type and number of inmates. Each situation must be thoroughly evaluated by Chief of Security or shift supervisor prior to departure and appropriate personnel assigned. A minimum of one armed correctional officer shall be assigned when there are close custody inmates to transfer except when special approval is received from the Director of Institutions. At all times, there must be at least one officer of the same sex as that of the inmate present during the transferring of medium, close, or maximum custody inmates. There shall be no gender restrictions regarding the transfer of community or minimum custody inmates. Community or minimum custody inmates do not require restraints unless they are being transferred with close custody inmates or pose a security risk; however, there shall be an adequate number of officer escorts to provide appropriate supervision.¶

(14) Standard restraint equipment for the normal situation will be handcuffs and a restraint chain. Except as specifically outlined below, additional restraints, such as waist chains with a C and S handcuff cover (black box) and leg irons, shall be necessary when transferring death row and close custody inmates, inmates who are extreme escape risks, inmates with serious assaultive tendencies, or any inmate determined by the Chief of Security to be a high security risk. Being legally responsible for the custody of inmates, the transfer officer in charge has the authority to apply restraints to community custody inmates and additional restraints to medium or minimum custody inmates when he or she determines that such is necessary to ensure security.¶

(a) When inmates are transferred within the state from one secure perimeter to another secure perimeter and a specially designed secure transfer bus is used, inmates may be restrained with leg irons only. Death row, close management, and high-risk inmates will require restraints as noted in (10) above during any transport.¶

(b) Each medium custody inmate who is not being transferred from one secure perimeter to another secure perimeter in a specially designed secure transfer bus shall be restrained with a minimum of handcuffs. Close custody inmates will require a waist chain with a C and S handcuff cover (black box) and leg irons under these circumstances. The restraints shall be applied prior to¶

leaving the secure perimeter. The restraints shall not be removed until the inmate is returned to a secure perimeter unless circumstances require their removal, that is, federal appearances or medical visits.¶

(c) Use of restraint equipment, except for death row inmates, will not be required at Reception Centers for any transport on state property provided that a specially designed secure transfer bus is used; i.e., from a Reception Center Main Unit to a Reception Center annex that is not separated by property not belonging to the Department of Corrections.¶

(d) During any transport, the level of restraints applied will be commensurate with the highest custody grade being transported.¶

(e) During prenatal and postpartum periods, female inmates will not be restrained with their hands behind the back nor will leg irons be utilized due to the possibility of a fall. Waist chains with the C&S handcuff cover (black box) will not be worn when there is any danger of causing harm to the inmate or fetus.¶

(f) Female inmates, when being transferred on the same vehicle as male inmates, shall be physically separated from the male inmates by security screens and other security measures.¶

(g) All restraint equipment shall be double locked.¶

(h) An inmate shall not be handcuffed behind his or her back or handcuffed to a stationary object in a moving vehicle.¶

(i) A reasonable number of stops shall be made in order for inmates to utilize toilet facilities. Proper security shall be provided inmates when utilizing toilet facilities on or off the transfer vehicle.¶

(15) An Electronic Restraint Belt may be used in cases involving high profile transports outside the secure perimeter of an institution where in the judgment of the security staff the use of the belt is warranted. Prior to usage of the Electronic Restraint Belt, written, signed approval must be obtained from the Office of Institutions, Bureau Chief of Security Operations.¶

(16) Because the carrying of firearms in the transferring of inmates is extremely hazardous, in those instances where it is advisable for firearms to be carried, such equipment must be kept in a secure place or on the person of an officer who will not¶

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come in direct contact with an inmate during the entire trip. Firearms shall not be carried by any of the escorting officers while in a car, plane or train unless the inmate is securely restrained and positive precautionary measures have been taken that will preclude contact between inmates and the armed officer. Use of firearms shall be in accordance with Rule 33-602.210, F.A.C.¶

(17) If an inmate escapes while being transferred, the transfer officer shall exhaust all resources immediately available to him in apprehending the inmate and then take immediate action to contact the nearest law enforcement agency. As soon as possible, the transfer officer shall notify his supervisor of the escape and give an oral report of the incident. When the local law enforcement agency no longer requires assistance, the transfer officer shall continue with his duties. Under no circumstances shall supervision of other inmates be relaxed in order to pursue an escaping inmate.¶

(18) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Sentence Structure and Transportation. The Bureau of Sentence Structure and Transportation shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations.¶

(19) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within and beyond the limits of this state.¶

(a) The transport company shall take the prisoner into custody for the purpose of transferring the prisoner to the proper law enforcement official within or beyond the limits of this state.¶

(b) The Department shall include, but not be limited to, the following requirements in any contract with a private transport company:¶

1. Any private transport company transferring an inmate shall be considered an independent contractor and shall be solely liable for the inmate while he is in the custody of that company.

2. The transport company shall maintain adequate liability coverage with respect to the transferring of inmates.

3. Personnel employed with the transport company who are based in Florida

shall meet the minimum standards of a correctional or law enforcement officer in accordance with Chapter 943.13, Florida Statutes. Personnel who are based outside Florida shall meet the minimum standards of a correctional officer or law enforcement officer in the state where the employee is based.¶

4. Transfer officers who are based in Florida shall comply with the specific requirements contained in Chapter 316, Florida Statutes. Transfer officers who are based outside of Florida shall comply with the legal driving requirements of the state in which they are based.

5. Each transfer vehicle operated by the transport company must be maintained in a condition meeting the specific requirements of Chapter 316, Florida Statutes, and be mechanically safe to transfer inmates. Transfer vehicles used outside the State of Florida must be maintained in a condition meeting the specific requirements of that state.

6. The transport company shall adhere to standards which provide for humane treatment of inmates while in the custody of that company.

7. The transport company shall submit reports to the Department regarding incidents of escape, use of force, abuse, and accidents involving inmates in the custody of the transport company within 24 hours of the incident. Failure to report incidents, falsification of reports, coercing or attempting to coerce others not to report or to falsify reports may result in appropriate criminal penalties and cancellation of the contract.

8. The transport company shall hold a Class “B” license pursuant to Chapter 493, Florida Statutes, and any employee of the company shall hold a Class “D” and Class “G” license pursuant to Chapter 493, Florida Statutes.

9. Correctional administrators will refuse to release death row, close custody, or other high-risk inmates to a private transport company or other law enforcement agencies that do not have an armed officer assigned or who do not provide a secure vehicle for transport. In these situations, the institution will:

a. Refuse to release the inmate and advise the transport company or law enforcement officer to stand by.¶

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b. Contact the Population Management section of the Bureau of Sentence Structure and Transportation during normal working hours.¶

c. On weekends, holidays, or after normal working hours, contact the Emergency Action Center which will notify appropriate central office staff.¶

d. Population Management staff will contact the on duty supervisor for the private transport agency or law enforcement agency involved and advise him or her of the specific concern. This will be documented and the results of this contact relayed to the involved institutional staff providing specific directions regarding release.¶

Specific Authority	944.09	FS.	Law
Implemented 944.09 FS.	History--New 7-12-86,
Amended 5-21-92,	1-06-94,	2-12-97,	11-8-98,
Formerly 33-7.009,	Amended	8-28-01.

33-603.401	Gain	Time	-
Definitions.

(1) Basic Gain Time—deductions from sentence determined by length of sentence and awarded in a lump sum upon commitment to the department.¶

(a) An inmate whose offense occurred prior to July 1, 1978, will have basic gain time deducted in accordance with s. 944.27 F.S. (1977).¶

(b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law, will have basic gain time deducted in accordance with s. 944.275, F.S. (1983).¶

(2) Incentive Gain Time—Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities.¶

(a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33-601.101(1).¶

(b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from 8 through 10 of the sentencing guidelines offense severity chart (921.0012 F.S.) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33-601.101(1).¶

(c) Inmates convicted of offenses¶

committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in 33-601.101(1).¶

(d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in 33-601.101(1).¶

(3) Enhanced Incentive Gain Time—Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (921.0012 F.S.) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to 33-601.101(3), except as provided in 33-601.101(1).¶

(4) Meritorious Gain Time—Any inmate who performs an outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time.¶

(5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as set forth in rule 33-601.101(3)(a)1. and 2.¶

(a) “Unsatisfactory” —The inmate failed to meet a behavioral objective during the month.¶

b “Satisfactory”—The inmate met all behavioral objectives during the month.¶

(c) “Above Satisfactory”—The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives.¶

Specific Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History—New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035.¶

33-603.402 Basic Gain Time. The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior.¶

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(1) Ineligibility.¶

(a) No inmate shall be eligible to receive or accumulate basic gain time:¶

1. For the mandatory minimum portion of a sentence imposed pursuant to s. 775.087(2), F.S. for an offense committed on or after October 1, 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in s. 775.087, F.S.;

2. For the minimum portion of a sentence imposed pursuant to s. 893.13(1)(e), F.S. (1989) for a specified drug-related offense committed on or after June 27, 1989 but prior to January 1, 1994, in, on, or within 1,000 feet of a school;

3. If sentenced as a habitual felony offender or a habitual violent felony offender under s. 775.084 (4), F.S. for an offense which occurred on or after October 1, 1988; or

4. If sentenced under s. 893.13(1)(i) 1, F.S. (1991) for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in s. 893.13, F.S.;

5. If serving a sentence with no definite term; that is, a life sentence or death sentence.

6. For the period of time remaining in any treatment program placement term imposed under s. 953.11 F.S.

7. If sentenced for any degree of sexual battery specified under s. 794.011 FS for a crime committed on or after October 1, 1992;

8. If serving a sentence for a crime committed on or after January 1, 1994.

(b) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:¶

1. S. 775.0823, F.S. for specified crimes committed prior to January 1, 1994 against a law enforcement or correctional officer or other officer defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9), or any state attorney, or assistant state attorney on or after January 1, 1990, or against a judge or justice of a court described in Article of the State Constitution on or after October 1, 1990;

2. S. 775.0875(1) F.S. for taking a firearm from a law enforcement officer while such officer was lawfully engaged in

law enforcement duties in those instances where the offense was committed prior to January 1, 1994.¶

(c) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to s. 947.16(4) F.S.¶

(2) Eligibility. Except for sentences of life or death, or sentences imposed for offenses committed on or after January 1, 1994, basic gain time credit will be awarded to all other cases unless specifically prohibited by applicable law.¶

(3) How credited. Basic gain time shall be calculated at the rate specified by law according to the date of offense and shall be based on the length of the sentence imposed. A portion of a month will be prorated on the basis of a 30-day month. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain time.¶

(a) For offenses committed prior to July 1, 1978, basic gain time shall be awarded in the amount of 5 days per month for the first and second years of the sentence, 10 days per month for the third and fourth years of the sentence and 15 days per month for all succeeding years of the sentence, pursuant to § 944.27 (1977), F.S.¶

(b) For offenses committed on or after July 1, 1978, but before January 1, 1994, basic gain time shall be awarded in the amount of 10 days for each month of the sentence imposed, pursuant to s. 944.275, F.S.¶

(c) In order to establish an initial tentative release date, basic gain time awards are made in a lump sum upon entry into the department’s custody. For inmates serving a sentence with a minimum term as described in subparagraph (1)(a) 1. and 2., the lump sum award of basic gain time is limited to that portion of the sentence or sentences which exceeds the minimum term.¶

Specific Authority	794.011(7),	944.09,
944.275 FS.	Law Implemented	794.011(7),
944.09, 944.275 FS.	History -- New	2-26-80,
Formerly 33-11.045,	Amended	1-12-83, 1-31-85,
4-28-87,	12-18-88,	10-14-91, 3-23-93, 4-17-
94, 3-24-96,	Formerly	33-11.0045.

33-603.409 Cancellation of Administrative Gain Time and Provisional Credits. Effective June 17, 1993, any inmate¶

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(2) Upon recapture following escape;¶

serving a sentence or combined sentences where one or more days of administrative gain time or provisional credits have been applied, shall have all such awards cancelled, and release dates of such offenders shall be extended accordingly. Other conditions under which previously awarded administrative gain time or provisional credits shall be cancelled when a release date is reestablished are as follows:¶

(1) Upon revocation of any post-release supervision program;¶

(3) Upon return from release on bond;¶

(4) Upon determination that an inmate’s release date was not calculated in accordance with case law or statute.¶

Specific Authority 944.278 FS. Law Implemented 944.278 FS. History - New 4-17-94, Formerly 33-11.019.¶

33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction. An escapee or an absconder from supervised community release or provisional release supervision shall be eligible for credit for time served following apprehension in another jurisdiction as follows:¶

(1) If the offender is being held solely on the Department of Corrections’ warrant, credit will be applied from the date of arrest. However, if the offender refuses to waive extradition, credit will be stopped on the date of such refusal and will not resume until the offender is taken into custody by agents of the department, or the offender subsequently signs a waiver of extradition.¶

(2) An offender who is arrested and charged with crimes committed in an out-of-state jurisdiction shall not be eligible for credit for time served on the Florida sentence until such additional charges are disposed of and the offender is being held solely on the department’s warrant. In such instances, credit shall be allowed from the date of disposition of local charges.¶

(3) If the offender is bondable on the out-of-state charges, credit may be applied from the date of arrest upon receipt of appropriate documentation that such offenses were bondable.¶

Specific Authority	944.09,	944.275	FS.	Law
Implemented	944.09,	944.275	FS.	History--New

3-30-95, Formerly 33-3.0106.¶

33-603.411 Warrants for Retaking Offenders.¶

(1) When an offender escapes from custody or absconds from a rehabilitative community reentry program prior to satisfaction of the sentence or combined sentences, or if it is determined that an offender was released in error, or if it is subsequently determined that the offender was statutorily ineligible for release, the Secretary of the Department or the secretary’s designated representative shall issue a warrant for retaking such offender into custody to serve the remainder of such sentence or combined sentences. The warrant issued shall:¶

(a) Be in writing and in the name of the Department of Corrections;¶

(b) Command that law enforcement officials take the offender against whom the warrant is issued into custody and hold him until such time as proper arrangements can be made for the return of the offender to the department;¶

(c) Specify the name of the offender to be apprehended, the date of escape, date of absconding from supervision, or the date on which the offender was released in error, the date the offender was sentenced to incarceration in the department, the county of sentence, the term of sentence; and¶

(d) Bear the seal of the Department of Corrections.¶

(2) An offender who is arrested as provided in subsection (1) above is ineligible for bond, bail, or release on his own recognizance.¶

(3) The issuance of a warrant pursuant to this rule does not negate or interfere with the right to issuance of a warrant under any other provision of law, nor will it interfere with any charges or court proceeding pending against the individual in any other jurisdiction.¶

(4) A warrant issued by the Department shall be in effect until the inmate has been returned to the custody of the Department, or until the sentence being served by the inmate is deemed satisfied, whichever occurs first.¶

(5) The following procedures shall be followed in cases of offenders who were released in error or were subsequently determined to be statutorily ineligible for release:¶

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(a) Within three days of receiving notification that the offender has been taken into custody, excluding the day of notice, weekends and holidays, a correctional probation officer, classification supervisor, or other person designated by the Bureau Chief of Admission and Release for that purpose shall provide the offender with a copy of the affidavit upon which the warrant was issued, a copy of the warrant, a written statement advising the offender that he or she may challenge his return to custody through use of the inmate grievance procedure, and a copy of Form DC1-303, Request for Administrative Remedy or Appeal. In those cases in which the offender is out of state, the time frame for delivery of the warrant package to the offender shall be extended to seven days, excluding the day of notice, holidays and weekends.¶

(b) An offender who wishes to challenge his or her return to Department of Corrections custody shall file an emergency grievance directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303, in accordance with rule 33-103.007(5).¶

(c) Grievances filed with the Office of the Secretary regarding retaking of an offender into custody shall be responded to in accordance with the time frames set forth in rule 33-103.007 and 33-103.011.¶

(d) Nothing in this section shall be deemed to constitute a waiver by the Department of Corrections of its authority or jurisdiction to retake offenders into custody under the circumstances set forth in subsection (1) of this rule, nor shall any procedure had under this section which results in or fails to result in retaking be deemed a waiver by the department of its authority or jurisdiction to retake offenders.¶

Specific Authority 944.405 FS. Law Implemented 944.405 FS. History—New 2-29-88, 1-06-94, Formerly 33-3.0105.¶

33-603.412 Actual Release Date.¶

A sentence expires at midnight, but release may be granted at any hour on such release date.¶

Specific Authority 944.09 FS. Law Implemented¶

944.09, 944.275 FS. History—New 2-26-80,¶

Formerly 33-11.12, Formerly 33-11.012.¶

603-9¶