So, I have recently learned about proposed revision to Chapter 33 (the guide/rules for inmates). There are several revisions proposed. A few that I am concerned about. This one, however....Rule NO. 33-602-208 very much concerns me!
There need to be rules for security. That is certainly understood and respected. However, this seems to be a violation to freedom of speech (it appears per the way it is written that family and friends are not allowed to CHOOSE to write about their loved ones!).
Please take a moment to read this proposal. If you care about inmates staying connected to their loved ones, if you care about preventing institutionalization which helps prevent recidivism (repeat offenses) PLEASE take a minute to read this and voice your concern!
July 29, 2013
NOTICE OF RULE DEVELOPMENT
DEPARTMENT OF CORRECTIONS
RULE NO.: 33-602.208
RULE TITLE: Inmate Internet Presence
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to expressly disallow inmates from establishing or maintaining an internet presence on any wesbite.
SUBJECT AREA TO BE ADDRESSED: Inmate Internet Presence
RULEMAKING AUTHORITY: 944.09 FS
LAW IMPLEMENTED: 944.09 FS
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-602.208 Inmate Internet Presence.
(1) Establishment of accounts or presence on internet websites by inmates.
(a) Inmates are prohibited from establishing or maintaining an account, or any other presence, on any internet website.
(b) Internet website means an internet-based website that has any of the following capabilities:
1. Allows users to create web pages or profiles about themselves, including dedicated websites, blogs, or other online communities, that are available to the general public or to any other users.
2. Offers a mechanism for communication among users, including but not limited to directory, forum, chat room, electronic mail, or instant messaging.
2
(c) Account or presence means the inmate has an actual account in their name which is created and maintained either by the inmate or by a proxy whereby information is posted about the inmate.
(d) Inmates who create an internet account or have a presence created with the assistance of another person shall be subject to disciplinary action in accordance with Rules 33-601.301-.314, F.A.C. If an inmate alleges that an account or presence was created without his assistance or permission or that the account or presence was created before this restriction became effective, it is the responsibility of the inmate to request that the account or presence be removed by submitting a written request, within 10 days, to the owner, operator, or administrator of the site if it is reasonably possible for the Department to identify the physical address of such entity. No inmate shall be subject to discipline if the account or presence is not removed subsequent to submission of the written request. If it is not reasonably possible for the Department to identify the physical address of the owner, operator, or administrator of the site in which the account or presence is located, the inmate must submit Form DC6-236, Inmate Request, to the warden indicating that the account or presence was created without the inmate’s knowledge or consent or that it was placed prior to this restriction. The inmate shall be subject to disciplinary action only if it is discovered that the inmate solicited the creation of the account or presence and that it was created subsequent to this restriction. Form DC6-236,
Inmate Request, is incorporated by reference in Rule 33-103.005, F.A.C.
(e) Inmates who post information to the internet or have information posted with the assistance of another person shall be subject to disciplinary action in accordance with Rules 33-601.301-.314, F.A.C. If an inmate alleges that information was posted without his assistance or permission or that the information was posted before this restriction became effective, it is the responsibility of the inmate to request that the information be removed by submitting a written request, within 10 days, to the owner, operator, or administrator of the site in which the information is located if it is reasonably possible for the Department to identify the physical address of such entity. No inmate shall be subject to discipline if the information is not removed subsequent to submission of the written request. If it is not reasonably possible for the Department to identify the physical address of the owner, operator, or administrator of the site in which the information is located, the inmate must submit Form DC6-236, Inmate Request, to the warden indicating that the information was posted without the inmate’s knowledge or consent or that it was posted prior to this restriction. The inmate shall be subject to disciplinary action only if it is discovered that the inmate solicited the posting of the information and that it was posted subsequent to this restriction.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New, .
Showing posts with label Chapter 33. Show all posts
Showing posts with label Chapter 33. Show all posts
Sunday, August 4, 2013
Wednesday, January 30, 2013
Chapter 33 vs. Mail Room
Chapter 33 is the title given to the handbook of rules for both inmate and officer conduct.
Since coming to prison, I have never seen Chapter 33 enforced on an officer. Only inmates. Prison is a one-way street with the men in blue always dead wrong. There are specification for the length of your hair, your fingernails and the slack in your belt. None of these have bothered me. It's the way prison rolls. But everybody has to report to somebody. And sometimes some people needed to be reminded of that.
Chapter 33 covers dress code to visiting privileges. Basically every point in between. The rules are ever changing and added to and even manipulated to fit the special need of the current situation. Even if you are right according to Chapter 33, there is one final clause in the rule book: "The verbal order of a superior officer is to be followed at all times."
That is a charge...disobeying a verbal order...which carries loss of gain time (inmates earn time that will taken off their sentence for behaving; that is called gain time), a possible D.R. (disciplinary report, which is a write up when you have broken a rule and again lose gain time or pull a potential transfer, etc) and even confinement time (or "the box").
Most recently the problems I have encountered have been with the prison's mail room. The people sorting mail are given the job of a mail handler. They are to scan read your outgoing and incoming mail to make sure there are no security risks present. What exactly is a security risk you ask? Good question....
Obviously, my lady in a bathing suit has been branded a security threat to the well being of this establishment. And not only my lady, but the lady of nearly every man at this institution. When your lady chooses to send you a spicy picture of herself, it will most certainly be rejected by this prisons mail room.
If there were men in the mail room sorting, these letters would come in without delay. No doubt. However, Marion's mail room is operated by women.
Currently I have one or more packages rejected each week by this prison's mail room. I don't believe my lady in her bikini is a threat to the security of this prison. I may give myself a heart attack, but that's not the point here. These packages are being rejected according to Chapter 33. How? Again, good question...by using the rule that states: "No nudity allowed. A fully opaque covering must cover all genitalia. Nothing may suggest that sexual contact is imminent."
Somehow, my lady holding a volleyball on the beach in a conservative swimsuit met resistance to this rule and was rejected. In fact, the resistance my mail is hitting is this mail room. Bending Chapter 33 to fit their need.
Lately, it's been my art. I'm an artist. For years I have mailed out and received pieces of art. Recently all my art is being rejected. You ask why? Chapter 33 of course! "Art is of size and clarity to possibly be used for tattoo patterns."
Yeah....really! My own art that I drew. Taken from my gallery and mailed back to me so I can review my art over the years. Rejected.
Along with this update, I am currently preparing grievances to file against the mail room personnel of this prison. Sure there must be rules, but they need to be enforced both ways.
If you chain up your dog in the sun with no food and water, then poke it with a stick? You are breaking the law. Not to mention, you're an asshole.
Mail is considered federal property. Tampering with it is a federal offense. So quit poking us with a stick! Damn Yankees said it best.....
Since coming to prison, I have never seen Chapter 33 enforced on an officer. Only inmates. Prison is a one-way street with the men in blue always dead wrong. There are specification for the length of your hair, your fingernails and the slack in your belt. None of these have bothered me. It's the way prison rolls. But everybody has to report to somebody. And sometimes some people needed to be reminded of that.
Chapter 33 covers dress code to visiting privileges. Basically every point in between. The rules are ever changing and added to and even manipulated to fit the special need of the current situation. Even if you are right according to Chapter 33, there is one final clause in the rule book: "The verbal order of a superior officer is to be followed at all times."
That is a charge...disobeying a verbal order...which carries loss of gain time (inmates earn time that will taken off their sentence for behaving; that is called gain time), a possible D.R. (disciplinary report, which is a write up when you have broken a rule and again lose gain time or pull a potential transfer, etc) and even confinement time (or "the box").
Most recently the problems I have encountered have been with the prison's mail room. The people sorting mail are given the job of a mail handler. They are to scan read your outgoing and incoming mail to make sure there are no security risks present. What exactly is a security risk you ask? Good question....
Obviously, my lady in a bathing suit has been branded a security threat to the well being of this establishment. And not only my lady, but the lady of nearly every man at this institution. When your lady chooses to send you a spicy picture of herself, it will most certainly be rejected by this prisons mail room.
If there were men in the mail room sorting, these letters would come in without delay. No doubt. However, Marion's mail room is operated by women.
Currently I have one or more packages rejected each week by this prison's mail room. I don't believe my lady in her bikini is a threat to the security of this prison. I may give myself a heart attack, but that's not the point here. These packages are being rejected according to Chapter 33. How? Again, good question...by using the rule that states: "No nudity allowed. A fully opaque covering must cover all genitalia. Nothing may suggest that sexual contact is imminent."
Somehow, my lady holding a volleyball on the beach in a conservative swimsuit met resistance to this rule and was rejected. In fact, the resistance my mail is hitting is this mail room. Bending Chapter 33 to fit their need.
Lately, it's been my art. I'm an artist. For years I have mailed out and received pieces of art. Recently all my art is being rejected. You ask why? Chapter 33 of course! "Art is of size and clarity to possibly be used for tattoo patterns."
Yeah....really! My own art that I drew. Taken from my gallery and mailed back to me so I can review my art over the years. Rejected.
Along with this update, I am currently preparing grievances to file against the mail room personnel of this prison. Sure there must be rules, but they need to be enforced both ways.
If you chain up your dog in the sun with no food and water, then poke it with a stick? You are breaking the law. Not to mention, you're an asshole.
Mail is considered federal property. Tampering with it is a federal offense. So quit poking us with a stick! Damn Yankees said it best.....
Don't tread on me.
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