Fla. Admin. Code R. 33-601.603
(2) Definitions.
(3) Policy Statement.
(4) Requirements and General Considerations.
(c) The objectives of the furlough program is to contribute to the total rehabilitation of the inmate by any of the following means:
1. Easing the transition from prison back to the community.
2. Seeking employment that may be retained after the inmate is released from the facility.
3. Helping determine the inmate’s readiness for release.
4. Preserving family and community ties.
5. Permitting the inmate to develop or maintain occupational skills.
(d) General conditions applicable to participation in the furlough program are as follows:
1. An inmate who is furloughed to a sponsor shall remain in the company of that sponsor during the entire period of the furlough.
2. No inmate participating in the furlough program shall be allowed to operate any type of motor vehicle. Transportation shall be provided by the furlough sponsor or the facility. Public transportation shall be authorized when a furlough sponsor does not possess private means of transportation or when such transportation is required due to time or distance limitations. If public transportation is used, the cost of such transportation shall be paid by the inmate or sponsor.
3. Inmates who have contact with the community shall be subject to periodic drug testing. All inmates considered for furlough participation shall be subject to drug testing as a condition of their participation or consideration for the furlough.
(e) Clothing Requirements.
1. Inmates shall wear clothing suitable for the furlough program in which they are engaged.
2. In the event that suitable clothing is not available at the institution, the inmate’s family shall be required to furnish such clothing to the inmate. The control of civilian clothing for inmates on furlough will be covered by an institutional or center operating procedure.
(f) Upon request of the inmate, community and minimum custody inmates will be considered for furlough providing:
1. Objectives and goals specified in this rule will be met;
2. If a detainer exists from an outside agency, the detaining authority has, in writing, not objected to the inmate’s participation in the furlough program;
3. The purpose for the furlough is legitimate and within a recognized reason for granting furlough, as specified in this rule;
4. The interests of the safety and security of the community and department will be served;
5. Any additional requirements or conditions imposed for the particular type of furlough requested are met; and
6. There is cause to believe that the inmate will honor the trust bestowed upon him or her. All furloughs shall be verified by the approving authority for the legitimacy and authenticity of the furlough requested.
(5) Furlough Sponsors.
(b) Factors used in assessing the appropriateness of an applicant to serve as a furlough sponsor are:
1. The nature of the relationship between the inmate and the prospective sponsor;
2. Institutional security concerns;
3. The arrest record, if any, of the prospective sponsor. In the event that the prospective sponsor has a criminal record, the nature and extent of that record and the date of the offenses shall be weighed against the value of the relationship;
4. Any other factor that impacts the safety and security of the public, institution, or inmate;
5. Whether the potentional sponsor is a relative of the inmate, unless no such relative is available. In that event, a non-relative furlough sponsor shall be utilized.
(c) A furlough sponsor will not be approved if:
1. The applicant is under any active felony supervision;
2. The applicant has introduced or attempted to introduce contraband into any correctional facility within the last 10 years as documented by an incident report or evidenced by a finding of guilt by a court or administrative body;
3. The applicant has assisted or attempted to assist an escape or escape attempt from any correctional facility;
4. The applicant or inmate has committed a violation of department regulations during furlough activities in which the applicant has served as a sponsor within the last five years;
5. The applicant or inmate has given false information at any point during the application process, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertant or good faith mistake, omission, or clerical error.
(d) Approval to serve as furlough sponsor is subject to termination at any time for the reasons stated below:
1. Failure to disclose criminal activity;
2. Current criminal activity;
3. Violation of any rule set forth in Form DC6-152, Type A/B Furlough Sponsor Agreement, if the person is serving as sponsor for a type B furlough. Form DC6-152 is incorporated by reference in subsection (11) of this rule;
4. Infraction of furlough procedures;
5. Information acquired by the department that supports reasonable belief that the sponsor’s conduct or behavior does not promote the goals and objectives of the furlough;
6. Any other threat to the security, order, or rehabilitative objectives of the correctional system, or to the safety of any person posed by continued participation by the sponsor.
(6) Type A Furloughs.
(a) Type A furloughs are granted for the following purposes:
1. To visit a dying relative.
2. To attend the funeral of a relative.
3. For any other reasons deemed consistent with the public interest, including medical or mental health treatment, attendance at civil hearings, or to otherwise aid in the rehabilitation of the inmate.
(b) Other conditions that apply to type A furloughs are:
1. Inmates must be community or minimum custody;
2. Inmates must complete Form DC6-178, Type A Furlough Agreement. Form DC6-178 is incorporated by reference in subsection (11) of this rule;
3. The sponsor must complete and agree to abide by all conditions of Form DC6-152, Type A/B Furlough Sponsor Agreement;
4. Inmates must agree to any time or distance limitations placed on them and the imposition of special conditions as determined by the approving authority. The inmate will be advised of these conditions and must abide by these conditions until released from them by the approving authority;
5. An inmate shall abide by all conditions in Form DC6-178, Type A Furlough Agreement;
6. There are no limitations on the number of Type A furloughs that may be granted;
7. Inmates furloughed for a hospital stay may not require sponsorship;
8. Only one inmate will be released to a sponsor at a given time period for Type A furloughs.
(7) Community Supervision Type A Furloughs.
(a) Pregnancy Furloughs.
a. Female inmates in the last trimester of pregnancy shall be considered for a Type A furlough if:
b. The inmate meets all criteria outlined in this rule;
c. The inmate is within 36 months of release unless serving a sentence with a non-advanceable release date or a current commitment of 1st, 2nd, or 3rd degree murder or attempt, in which case the inmate shall be within 15 months of her release date;
d. The chief health officer verifies that the level of medical care that will be rendered to the inmate outside the institution is comparable to or greater than that which could be rendered to the inmate within the institution.
2. A plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s activities while on furlough.
a. The plan of community supervision shall include supervision contact by probation and parole services while the inmate is on furlough status. The furloughing facility shall contact probation and parole services in the city where the inmate will be residing during the furlough period and develop community control supervision contact standards. The developed plan will be attached to the furlough request.
b. The furloughing facility is responsible for the monitoring of the inmate’s progress while on the furlough. Monitoring shall include any changes in the inmate’s medical condition or any violations of the rules concerning the furlough. Any changes or violations detected shall be reported immediately to the appropriate authority of the furloughing facility.
c. Any violation of the conditions of the furlough shall be immediately reported to the approving authority.
d. The approving authority is authorized to terminate a pregnancy furlough any time during the furlough period for noncompliance with the conditions of the furlough. The pregnancy furlough shall be terminated within 1 week after a satisfactory 6 week postpartum examination.
1. The pregnancy furlough recommendation shall be forwarded to the approving authority who shall issue a final determination.
2. An inmate shall be considered for placement at the community correctional center nearest to her residence upon satisfactory completion of the pregnancy furlough.
(b) Medical Furloughs.
1. An inmate who in all medical probability is not expected to live more than 6 months from the date of the furlough request or is permanently incapacitated to such an extent that it is not reasonably foreseeable that he or she will be able to perpetrate a crime shall be considered for a Type A medical furlough. The inmate must meet all criteria outlined in this rule.
2. In order to be eligible for a medical furlough, the inmate must be recommended by the Chief Health Officer, Regional Health Services Director, and classification team, and the recommendation must be endorsed by the Assistant Secretary for Health Services. After the assistant secretary has endorsed the medical furlough based on all pertinent medical information and the above criteria, he shall forward the recommendation to the approving authority for review of security issues and for final determination. If approved, a plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s progress.
(8) Type B Furlough Sponsors. In addition to the criteria outlined in subsection (5) of this rule, the following criteria apply to Type B furlough sponsors:
(9) Type B Furloughs.
(d) Restrictions on type B furloughs.
1. Type B furlough destinations are limited to the state of Florida.
2. Other than family visitation and time constraints, there are no limitations on the number of type B furloughs which may be granted. Only one type B furlough for family visitation will be issued to an inmate within a given week, which, for the purpose of this rule, encompasses Monday through Sunday.
3. Type B furloughs will be authorized only for the period of time needed to travel to and from the furlough destination and to accomplish the purpose of the furlough. Time extensions on approved type B furloughs shall be granted by the approving authority or the center’s officer-in-charge in cases of emergencies which arise while the inmate is on furlough.
4. Except as noted in subparagraph (9)(d)3. of this rule, a type B furlough for purposes other than family visitation shall not exceed three hours. For family visitation an inmate shall not be granted more than a maximum of eight daylight hours. Factors that will be considered in determining the maximum number of hours granted an inmate for a family visitation furlough shall include the inmate’s need for furlough, degree of participation in programs, adjustment to the facility, and willingness to abide by the furlough conditions.
(e) Inmates who demonstrate satisfactory facility adjustment and program participation, meet all eligibility criteria, and have either served 5 calendar years or have completed one third of the sentence to be served, which ever is less, shall be eligible for consideration for a furlough for family visitation purposes. “Sentence to be served” is interpreted as being from the imposed date of sentence to the earliest release date. The following special conditions apply to family visitation furloughs:
1. The furlough must occur in a residential type facility that has telephone access. Hotel or motel rooms will suffice if a residential type facility is not available given the particular circumstances of the visitation;
2. Inmates will be required to call the facility when they arrive at their furlough destination and when they are departing from their furlough destination to return to the facility. In addition, at least one telephone contact with the inmate by facility staff shall be made to the location of the furlough to verify the inmate’s presence. The contact shall be documented on Form DC6-180, Sign-Out Sheet for Community Activity or Furlough. Form DC6-180 is incorporated by reference in subsection (11) of this rule;
3. Only one inmate will be released to a sponsor during a given time period for family visitation purposes.
(g) An inmate granted type B furlough privileges must:
1. Agree to the conditions as outlined in Form DC6-179, Type B Furlough Request. Form DC6-179 is incorporated by reference in subsection (11) of this rule;
2. Be accompanied throughout the furlough period by the approved furlough sponsor; and
3. Adhere to the following procedures:
a. Inmates who reside in community correctional centers, contract work release facilities, or a community contract substance abuse treatment facility, upon approval by the Correctional Officer Major or program director, shall be permitted to leave the center on a sign-out basis not requiring a type B family visitation furlough approval for the following activities: routine medical, mental health, or dental appointments; community volunteer projects; employment interviews; haircuts; church services; substance abuse counseling; or seeking suitable residence.
b. All inmates to whom a type B furlough privilege has been granted must be signed out of and into the facility by an officer prior to departure from and upon their return from the furlough activity utilizing Form DC6-180, Sign-Out Sheet for Community Activity or Furlough.
c. A furlough sponsor must accompany an inmate to attend church services, substance abuse treatment meetings, hair appointments, or to participate in volunteer community projects. A furlough sponsor is not required to accompany an inmate when seeking employment, routine medical or dental treatment, or suitable residence.
(10) Removal From the Type B Furlough Program.
(a) The approving authority of a community correctional centers shall remove an inmate from the furlough program if:
1. The approving authority, following placement of the inmate in the type B furlough program, receives any information concerning the inmate that would adversely impact the safety and security of the community;
2. The inmate engages in any conduct that causes the approving authority to believe that the inmate will not honor the trust bestowed upon him;
3. The approving authority determines that it is not in the best interest of the safety and security of the community, the department or the inmate to continue the inmate in the type B furlough program.
(11) Forms. The following forms are hereby incorporated by reference.
Rulemaking Authority 945.091 FS. Law Implemented 945.091 FS. History–New 12-8-97, Amended 4-13-98, 10-20-98, Formerly 33-9.024, Amended 10-9-07, 12-25-08, 4-8-10.