Fla. Admin. Code Ann. R. 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. 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. 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, F.S.

(4) The transfer officer shall be responsible for maintaining schedules approved by the Bureau of Security Operations, Population Management, supervising and 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, F.S., and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication.

(6) 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.

(7) 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 form the institution.

(8) 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.

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

(b) Specific written instructions will be provided from the transportation section of the Bureau of Security Operations, Population Management.

(10) 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.

(11) 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.

(12) Manpower requirements shall vary depending upon the mode of transfer, the distance to be traveled and the type and number of inmates. Each situation must be thoroughly evaluated by the Chief of Security or shift supervisor prior to departure and appropriate personnel assigned.

(13) 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.

(14) 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) Use of firearms shall be in accordance with rule 33-602.210, F.A.C.

(16) 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.

(17) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Security Operations, Population Management. The Bureau of Security Operations, Population Management shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations.

(18) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within the beyond the limits of this state. In addition to the provisions found in section 944.597, Florida Statutes, the following contractual requirements are also applicable to private transport companies:

(a) Transfer officers whose driver's license is issued by the state of Florida shall comply with the licensure provisions contained in chapter 322, F.S. Transfer officers whose driver's license is issued by another state shall comply with the licensure provisions of that state.

(b) Each motor vehicle registered and licensed by a transport company in the state of Florida shall comply with the provisions of chapter 320, Florida Statutes (Motor Vehicle Licenses) and chapter 324, Florida Statutes (Financial Responsibility). Each motor vehicle registered and licensed by a transport company in another state shall comply with the applicable motor vehicle licensure and financial responsibility laws of that state. Every motor vehicle operated by a transport company for the transfer of inmates shall comply with all inspection and safety requirements of the state where the vehicle is registered. Each motor vehicle operated for the purpose of transporting inmates shall be routinely inspected by the operator, maintained, and mechanically safe for the transfer.

(c) 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.

(d) 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:

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

2. Contact the Population Management section of the Bureau of Security Operations during normal working hours.

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

4. 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.

Notes

Fla. Admin. Code Ann. R. 33-603.201

Rulemaking Authority 944.09 FS. Law Implemented 944.597 FS.

New 7-12-86, Amended 5-21-92, 1-6-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01, 3-27-08, Amended by Florida Register Volume 44, Number 129, July 3, 2018 effective 7/15/2018.

New 7-12-86, Amended 5-21-92, 1-6-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01, 3-27-08, 7-15-18.