Is it legal to deny prisoner's in Florida the right to receive mail?
Full Question:
Answer:
The following are Florida statutes:
944.09 Rules of the department; offenders, probationers, and parolees. —
(1) The department has authority to adopt rules pursuant to ss.
120.536 (1) and 120.54 to implement its statutory authority. The rules must
include rules relating to:
(a) The rights of inmates.
(b) The conduct to be observed by inmates and the categories of
violations according to degrees or levels of severity, as well as the
degrees of punishment applicable and appropriate to such violations.
(c) Disciplinary procedures and punishment.
(d) Grievance procedures which shall conform to 42 U.S.C.s. 1997e.
(e) The operation and management of the correctional institution or
facility and its personnel and functions.
(f) The development of a staffing formula for security positions in its
residential facilities, taking into account the factors of leave time,
security needs, and training requirements.
(g) Mail to and from the state correctional system.
(h) Gain-time for good conduct of, release payments to, and release
transportation of inmates.
(i) Uniforms for inmates and custodial personnel.
(j) Conduct of custodial and other personnel.
(k) Classification of personnel and duties assigned thereto and
classification and separation of offenders according to age, sex, and such
other factors as are deemed advisable.
(l) Credits for confinement prior to commitment to the department.
(m) Payments to prisoners for work performed. Such payments, if any,
shall include restrictions on the use of earnings, including payments for
support of dependents and release reserves. The rules shall provide that no
payment shall be made to any prisoner who fails to perform the work
assigned satisfactorily.
(n) Visiting hours and privileges. The rules shall provide that any
inmate with a current or prior conviction for any offense contained in
chapter 794, chapter 800, chapter 827, or chapter 847 for committing or
attempting to commit aggravated child abuse or committing or attempting to
commit a sex act on, in the presence of, or against a child under the age
of 16 years, shall not be allowed visitation with anyone under the age of
18 years, unless special visitation is approved by the warden. The
authorization for special visitation shall be based on extenuating
circumstances that serve the interest of the children. If visiting is
restricted by court order, permission for special visitation may be granted
only by the judge issuing the order.
(o) Mail to and from inmates, including rules specifying the
circumstances under which an inmate must pay for the cost of postage for
mail that the inmate sends. The department may not adopt a rule that
requires an inmate to pay any postage costs that the state is
constitutionally required to pay.
(p) The feeding of prisoners, including diet and menus, and the
furnishing of health and comfort items to indigent prisoners.
(q) The determination of restitution, including the amount and to whom it
should be paid. The rules shall provide necessary explanation to support
recommendations regarding restitution.
(r) The function and duties of employees working in the area of community
corrections and the operations of probation field and administrative
offices.
(2) It is the duty of the wardens to supervise the governance,
discipline, and policy of the state correctional institutions and to
enforce all orders and rules.
(3) The department shall cause a record to be kept of violations of rules
of conduct, the rule or rules violated, the nature of punishment
administered, the authority ordering such punishment, the duration of time
during which the offender was subjected to punishment, and the condition of
the prisoner's health.
(4) The department shall:
(a) Investigate all cases referred to it by the circuit court and make
its findings and report thereon in writing to such court with its
recommendation.
(b) Cause to be delivered to each person placed on probation under its
supervision a certified copy of the terms of such probation and any change
or modification thereof and cause such person to be instructed regarding
the same.
(c) Keep informed concerning the conduct, habits, associates, employment,
recreations, and whereabouts of such probationer, by visits, by requiring
reports, and in other ways.
(d) Make such reports in writing or otherwise as the court may reasonably
require.
(e) Use all practicable and proper methods to aid and encourage persons
on probation and to bring about improvement in their conduct and condition.
(f) Keep records on each probationer referred to it.
(g) Cooperate with circuit courts exercising criminal jurisdiction by
supervising such probationers and prisoners upon whom the pronouncing of
sentence has been deferred and by making such reports to such courts as are
directed thereby.
(h) Supervise all persons placed on parole.
(i) Aid parolees and probationers in securing employment.
(5) The department may enter into cooperative agreements with the Federal
Government or any department or agency thereof, with any county or
municipality in this state or any department or agency thereof, or with any
nonprofit charitable corporation or foundation concerned with the
rehabilitation of persons who are probationers or parolees or who are under
presentence investigation for the performance by the department of services
relating to the evaluation and rehabilitation of such persons. Any such
agreement shall provide for payment to the department of the actual cost of
rendering the services contracted for.
(6) The department shall maintain the following information within its
automated inmate information system regarding each inmate:
(a) The status of the restitution order.
(b) The amount of restitution ordered by the court.
(c) The amount of restitution owed by the inmate.
(d) The name and address of the victim.
(7) The department may take a digitized photograph of any inmate or
offender under its supervision.
944.14 Supervision of correctional institutions; enforcement of orders and
regulations. —
Subject to the orders, policies, and regulations established by the
department, it shall be the duty of the wardens to supervise the
government, discipline, and policy of the state correctional institutions,
and to enforce all orders, rules and regulations.
944.151 Security of correctional institutions and facilities. —
It is the intent of the Legislature that the Department of Corrections
shall be responsible for the security of the correctional institutions and
facilities. The security of the state's correctional institutions and
facilities is critical to ensure public safety and to contain violent and
chronic offenders until offenders are otherwise released from the
department's custody pursuant to law. The Secretary of Corrections shall,
at a minimum:
(1) Appoint a security review committee which shall, at a minimum, be
composed of: the inspector general, the statewide security coordinator, the
regional security coordinators, and three wardens and one correctional
officer. The security review committee shall:
(a) Establish a periodic schedule for the physical inspection of
buildings and structures of each state and private correctional institution
to determine security deficiencies. In scheduling the inspections, priority
shall be given to older institutions, institutions that house a large
proportion of violent offenders, and institutions that have experienced a
significant number of escapes or escape attempts in the past.
(b) Conduct or cause to be conducted announced and unannounced
comprehensive security audits of all state and private correctional
institutions. In conducting the security audits, priority shall be given
to older institutions, institutions that house a large proportion of
violent offenders, and institutions that have experienced a history of
escapes or escape attempts. At a minimum, the audit shall include an
evaluation of the physical plant, landscaping, fencing, security alarms
and perimeter lighting, and inmate classification and staffing policies.
Each correctional institution shall be audited at least annually. The
secretary shall report the general survey findings annually to the
Governor and the Legislature.
(c) Adopt and enforce minimum security standards and policies that
include, but are not limited to:
1. Random monitoring of outgoing telephone calls by inmates.
2. Maintenance of current photographs of all inmates.
3. Daily inmate counts at varied intervals.
4. Use of canine units, where appropriate.
5. Use of escape alarms and perimeter lighting.
6. Florida Crime Information Center/National Crime Information Center
capabilities.
7. Employment background investigations.
(d) Annually make written prioritized budget recommendations to the
secretary that identify critical security deficiencies at major
correctional institutions.
(e) Investigate and evaluate the usefulness and dependability of
existing security technology at the institutions and new technology
available and make periodic written recommendations to the secretary on
the discontinuation or purchase of various security devices.
(f) Contract, if deemed necessary, with security personnel, consulting
engineers, architects, or other security experts the committee deems
necessary for security audits and security consultant services.
(g) Establish a periodic schedule for conducting announced and
unannounced escape simulation drills.
(2) Maintain and produce quarterly reports with accurate escape
statistics. For the purposes of these reports, "escape" includes all
possible types of escape, regardless of prosecution by the state attorney,
and including offenders who walk away from nonsecure community facilities.
(3) Adopt, enforce, and annually evaluate the emergency escape response
procedures, which shall at a minimum include the immediate notification and
inclusion of local and state law enforcement through a mutual aid
agreement.
(4) Submit in the annual legislative budget request a prioritized summary
of critical repair and renovation security needs.