Inmate Institutional Files and Records

Version 6, transcribed verbatim from the source document. Hover a paragraph for a permanent link to it.

I. Purpose of the Policy

The purpose of this order is to provide policy and standards for the collection of inmate information, the preparation and maintenance of inmate institutional files, and the records of the Department of Corrections (DOC). #

A. Public Information Releases

A. Public Information Releases 1. Only the following information concerning a currently incarcerated inmate may be provided to the public whether in person, over the telephone, or in writing: a. Bond amount/information; b. Current charges; c. Holds and detainers for pending charges; d. Court time and date; e. Cell location unless at a medical treatment facility; f. Booking number; g. Tentative date of expiration of sentence; h. Length of sentence; and i. Visiting hours. 2. Information regarding an inmate’s movement or location outside of the facility shall not be provided due to security reasons. The inquiring party shall be advised that no information is available at the present time. 3. Requests for inmate information on federal charges and/or inmates shall be handled in accordance with Order 658 (Fugitive). 4. Medical information inquiries shall be referred to the contracted health services provider (CHSP). 5. Those requesting information other than what is outlined above shall be directed to make their request in writing to the Judicial Process Sergeant. 6. Inmate information shall not be shared with unauthorized persons. Unless release of information is required by statute, inmates shall sign a CHSP-provided Release of Information form (HI-001) that complies with applicable federal and state regulations prior to the release of information. A copy of the form is maintained in the inmate’s medical file. #

B. Booking Information and Forms

1. Booking information is recorded for every inmate admitted to the facility and includes at least the following data unless prohibited by law: [FCAC 14.09M, FMJS 4.9] a. Photograph and fingerprints; b. Booking number; c. Full name and known aliases of the inmate; d. Current or last known address; e. Date of arrest and admission to include copies of documentation required as a legal basis for commitment; f. Name, title, agency, and signature of arresting/delivering officer; g. Name, ID number, and signature of the receiving officer; h. Specific charges; i. Age, sex, race, and date of birth (DOB); j. Height and weight; k. Place of birth; l. Occupation; m. Marital status; n. Religion; o. Present or last place of employment; p. Emergency contact information to include: (1) Name; (2) Relationship; (3) Address; and (4) Phone number. q. Driver’s license, ID card, and Social Security numbers, where applicable; r. Notation of cash and all property; s. Special custody requirements, service needs, or Americans with Disabilities Act (ADA) accommodations; t. Veterans status to include the affiliated military branch, if applicable; and u. Scars, marks, and/or tattoos. 2. The completed Form P-0998 (Inmate Information/Orientation Form) and receipt for Form P-0344 (Inmate Orientation Handbook) includes the following information: a. Explanations of inmate rules, sanctions, and regulations to include: (1) Mail and visiting procedures; (2) Transportation options for visitors; (3) Grievance procedures; and (4) Fees, charges, and/or co-payments that apply. b. Advisement of available ADA accommodations; c. Descriptions of services, programs, and eligibility requirements; d. Information on how to access health care; e. Identification of available pretrial release services; and f. Prison Rape Elimination Act (PREA). 3. Form P-0641 (PREA Screening Form) is completed during booking to determine if the inmate has the potential to become sexually violent or if the inmate has the potential to become a victim of sexual violence. Dissemination of the form shall be limited to ensure the inmate’s sensitive information is not exploited to the inmate’s detriment by staff or other inmates. 4. The Form P-0640 (PREA Inmate Education/Orientation/Transfer Form) is completed by the PREA Coordinator to inform the inmate of his/her rights regarding the PREA while he/she is incarcerated. #

C. Public Record Exemptions

1. Florida State Statute (F.S.S.) 119 provides an exemption to select government officials and their family members from having certain information released as a public record. 2. For a complete listing, refer to the Agency Personnel Information section of the Public Records Act. 3. Below is a partial listing of officials (both active and former) whose information is exempt from public disclosure: a. Law enforcement personnel; b. Correctional and correctional probation officers; c. Personnel of the Department of Children and Families (DCF) whose duties include the investigation of abuse, neglect exploitation, fraud, theft, or other criminal activity; d. Personnel of the Department of Health whose duties support the investigation of child abuse or neglect; e. Personnel of the Department of Revenue or local governments whose responsibility include revenue collection or enforcement; f. Current and former judges, United States (U.S.) and State Attorneys, Assistant U.S. and State Attorneys, statewide prosecutors, or assistant statewide prosecutors; g. Current and former human resource, labor relation, employee relations directors, assistant directors, and managers; h. Managers or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; i. Current or former code enforcement officers; j. Firefighters certified in compliance with F.S.S 633.35; and k. Spouses and children of the above. 4. F.S.S. 119 provides an exemption to the above listed officials and their family members from having the following information released as a public record: a. Home addresses; b. Telephone numbers to include: (1) Home telephone numbers; (2) Personal cellular telephone numbers; (3) Personal pager telephone numbers; and (4) Telephone numbers associated with personal communication devices. c. Social Security numbers; d. DOBs; e. Photographs of exempt persons; f. Places of employment of spouses and children of the exempt individual; and g. Names and locations of schools or daycares attended by children of exempt individuals. #

D. Inmate Institutional Files

1. Inmate institutional files and records shall be kept confidential from other inmates. 2. Booking Control personnel are responsible for the initial preparation of the inmate institutional file. 3. Each inmate shall have an institutional file prepared that contains all required documents and other pertinent information. 4. Any paper documents generated concerning an inmate shall be filed in the inmate’s institutional file by the officer who completes the document or his designee. 5. Upon his/her release, an inmate may obtain copies of his/her criminal record information through the Records Unit. 6. Inmate medical and mental health information shall be maintained in the inmate electronic medical record (EMR) in accordance with Order 615 (Health Services Management). 7. The schedule for retiring or destroying inactive inmate institutional files shall be in accordance with the State of Florida General Records Schedule GS2 for Law Enforcement, Correctional Facilities, and District Medical Examiners. [FMJS 2.9] #

E. Initial Preparation of the Inmate Institutional Files

1. Upon receipt of the inmate label, which is automatically printed upon the inmate’s admission, the Booking Control Folder Officer shall begin building the inmate institutional file. 2. The Booking Control Folder Officer shall obtain an approved manila file folder and place it on the desk so the tab is on the right and the fold is on the bottom or closest to the officer. 3. Color-coded stickers are used as identifiers on the tab of the inmate institutional file in accordance with the below table: TYPE OF CHARGE/CLASSIFICATION LABEL COLOR Misdemeanor Pink Felony Dark Blue Civil Black Federal Green Public Intoxicant Gray Female White Juvenile Violet County Sentenced Yellow State Sentenced Orange Escape/Security Risk Red 4. The Booking Control Folder Officer shall apply informational labels and stickers to the folder tab starting near the bottom of the tab (near the fold) and working up towards the top of the tab in the following order: a. A sticker of the first letter of the inmate’s last name (if the inmate’s last name is Johnson, this letter would be a “J”); b. A sticker of the second letter of the inmate’s last name (if the inmate’s last name is Johnson, this letter would be an “O”); c. The pre-printed information label which includes: (1) The inmate’s DOB; (2) Type of charge; (3) Booking number; (4) Race, sex, age; and (5) Name. d. The appropriate color label for the type of charge as indicated on the above table; e. The appropriate color label for juveniles and females, if applicable; and f. A red color label when a watch lieutenant or facility Security Lieutenant determines the inmate is an escape or security risk. 5. The following information shall be placed into the inmate institutional file and clipped on the two-prong holders: [FCAC 14.14, FMJS 4.16] a. Attached on the right side from the top to the bottom: (1) Arrest & Booking Report; (2) Copies of warrants, capiases, or other official documents; and (3) Form P-0998 (Inmate Information/Orientation Form) and Form P-1838 (Immigration and Customs Enforcement (ICE) Questionnaire). b. Attached on the left side from the top to the bottom: (1) Detainers, holds, and teletypes; (2) Form P-0681e (Auxiliary Aids and Services Assessment for Hard of Hearing/Deaf Inmates); (3) Property and money receipts inmates refuse to keep; (4) Form P-0780e (Restoration of Voting Rights Form), if the criteria listed in Order 655 (Classification) is met; (5) Sentence computation documentation; (6) Form P-0640 (PREA Inmate Education/Orientation/Transfer Form); (7) Form P-0641 (PREA Screening Form); (8) The inmate’s jail photograph; and (9) All documented absences from the facility. 6. On the outside front cover, the following information shall be entered: a. Sexual offender stamp with number inserted appropriately; and b. Detainer/hold stamp with county/state or type of hold information inserted appropriately. 7. The Booking Control Folder Officer shall place all other copies of the Arrest & Booking Report and documentation for court inside on the right side but not attached. #

F. Inmate Institutional File Maintenance [FCAC 14.14, FMJS 4.16]

1. After booking, the inmate institutional file is forwarded to Releasing for filing and maintenance. 2. The inmate institutional file must be maintained and updated as documentation is generated: a. Attached to the right side: (1) Additional Arrest & Booking Reports; (2) Releasing paperwork such as copies of bonds; (3) Official documents such as commitment paperwork; and (4) Records checks. b. Attached to the left side: (1) Additional detainers, holds, and teletypes; (2) Form P-0339e (Report of Confinement) paperwork; (3) Completed Forms P-0552 (Security Cell Inspection) or Forms P-1261 (Courthouse Holding Security Cell Inspection); (4) Classification paperwork; (5) Form P-1470 (Inmate Disciplinary Report) paperwork; (6) State Prison Property Notices; (7) Form P-0668 (Literacy Survey Score Sheet); (8) CHSP-provided Release of Information form (HI-001), if applicable; (9) Wristbands, upon release; (10)Property receipts, upon release; (11)Release Orders; and (12)Additional property or money receipts the inmate refused to keep. 3. If the inmate’s classification changes to state or county sentenced or charges have been amended to a felony or reduced to a misdemeanor, the Classification Unit shall place the appropriate color label over the original charge label. 4. Inmate institutional files are maintained in designated areas in each facility: a. Community Transition Center (CTC) Intake Office; b. Montgomery Correctional Center (MCC): (1) Main office for sentenced male and female institutional files; (2) South Control for un-sentenced female institutional files; and (3) North Control for un-sentenced male institutional files. c. Pretrial Detention Facility (PDF) Releasing Office. 5. Facility inmate institutional file areas shall be organized in an orderly and alphabetical manner. a. The Releasing Office has designated places for the storage of currently incarcerated inmate institutional files. (1) All files shall be kept in their designated place in alphabetical order (2) The inmate institutional files are organized by classification of inmates as follows: (a) Currently incarcerated, un-sentenced inmates; (b) Sentenced inmates; (c) Juvenile inmates; (d) Inmates attending court on that day; (e) Inmates due to attend court on the following day; (f) On loan inmates; and (g) Classification Unit. b. CTC inmate institutional files are organized by classification of inmates such as: (1) Home detention; (2) Student; (3) Substance Abuse Treatment Program (Matrix House); and (4) Inmate workers. 6. Personnel needing to remove an institutional file from the designated area shall: a. Enter their name, ID number, and their work assignment location on an index card; b. Insert the index card in a red plastic place keeper; c. Insert the red plastic place keeper into the space where the file belongs; and d. Return the file as soon as possible. 7. Inmate institutional files shall be returned prior to the end of the removing person’s tour of duty. #

G. Sealing/Expunging Records

When a copy of a certified order sealing/expunging an inmate’s records is received from the Records Unit, the Judicial Process Sergeant shall: a. Collect all of the inmate’s institutional records pertaining to the certified order to include, but not limited to: (1) Institutional file; and (2) Health services file. b. Package the inmate’s institutional records and hand deliver the records to the Records Unit; c. Forward a copy of the certified order to the Management Information Systems (MIS) Sergeant who shall: (1) Ensure removal of all Jail Management System (JMS) electronic records; and (2) Submit an email to the Chief of Support Services confirming the removal of the inmate’s computer records. d. Forward a copy of the certified order to the Resource Services Sergeant who shall: (1) Ensure the individual’s name is changed to “expunged” on all electronic commissary records; and (2) Submit an email to the Chief of Support Services confirming the change of the inmate’s electronic commissary records. #

H. Computation of Sentence

1. Definitions a. Calendar Credit – The crediting of one day to any sentence to adjust for use of the perpetual calendar. This is not to be confused with jail credit. b. Commutation – The reduction in amount of time to be served by the credit of gain time earned. c. Concurrent – When one or more sentences are concurrent, they run at the same time. In most cases, concurrent sentences begin and end at the same time. If one of the sentences is for a lesser or greater amount of time, the sentence begins at a later time or carries a different amount of jail credit, the sentences will have different dates of expiration. d. Consecutive – The serving of one sentence in its entirety before beginning another sentence. A consecutive sentence begins the day after the previous sentence ends. e. Contempt – Open disrespect or willful disobedience of the authority of a court of law. Inmates who are sentenced for criminal contempt can earn gain time. Inmates sentenced for civil contempt are not eligible for gain time. f. Cumulative – The combining of two or more sentences to become one sentence. g. Gain Time – Credit applied against the sentence of an inmate for good conduct as provided by law. h. Jail Credit – Credit given by the sentencing judge for jail time served prior to the starting date of the sentence. i. Maximum Release Date – The date when the sentence or combined sentences will expire. In establishing this date, the DOC shall reduce the total time to be served by any time lawfully credited. j. Month – A period extending from a date in one calendar month to the corresponding date in the following month. If the expiration of sentence day falls on a non-existent date, the next existing date will be used. k. Perpetual Calendar – A chart or computer program that assigns a numeric value to each date over a period of many years. l. Tentative Release Date – The projected release date of an inmate by virtue of gain time granted or forfeited. The tentative release date shall be determined by deducting the maximum amount of gain time granted from the release date. 2. Commitment/Probation Orders a. A Classification Officer shall review the commitment/probation order to determine the terms of the sentence, the amount of jail credit allowed, and eligibility for gain time. b. If the commitment/probation order is not available, the Classification Officer shall: (1) Use the appropriate computer program to verify the information on the Arrest & Booking Report; (2) Use the information on the Arrest & Booking Report until the commitment/probation order is received; (3) Resolve any discrepancies on the Arrest & Booking Report by contacting one of the following: (a) A judicial process officer; (b) The Clerk of the Court; (c) The assigned courtroom bailiff; and/or (d) The sentencing judge or his/her judicial assistant. (4) Verify the sentencing information on the Arrest & Booking Report upon receipt of the commitment/probation order; (5) Contact the Clerk of the Circuit and/or County Court for clarification to resolve any conflicts or discrepancies noted on a commitment/probation order; and (6) Request an amended order be sent from the clerk's office to resolve any conflicts or discrepancies. c. An inmate convicted of two or more offenses and charged in the same indictment/ information shall serve the sentences concurrently unless the sentencing judge directs they are to run consecutively. d. Sentences of imprisonment for offenses not charged in the same indictment/information shall be served concurrently unless the sentencing judge directs they are to run consecutively. e. An inmate under two or more cumulative sentences shall be allowed commutation as if they were all one sentence. f. For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation which will have accrued in favor of a county prisoner up to the date of the offense shall be forfeited. 3. Release Date Calculation/Perpetual Calendar a. The perpetual calendar shall be used to calculate maximum and tentative release dates if no computer is available. A record of the calculations shall be filed in the inmate's institutional file. b. On the perpetual calendar, locate the number that corresponds to the sentencing date or delayed reporting date. From the starting number add the length of the sentence as follows: (1) If the commitment states the sentence in days, the number of days will be added to the established starting number; (2) If the commitment states the sentence in months or a year, move one column laterally to the right from the established starting number to the corresponding day of the month for each month of the respective sentence; and (3) If the expiration of sentence day falls on a non-existent date, go forward to the next existing date. c. Once the length of sentence has been added to the starting number, subtract any calendar credit and/or any jail credit specified on the commitment/probation order or the Arrest & Booking Report. d. Locate the date that corresponds to the remaining number on the perpetual calendar. This date will represent the maximum release date for the inmate. e. When the amount of gain time has been determined, the gain time will be subtracted from the number representing the maximum release date: (1) The gain time credit will be subtracted first; and (2) The resulting number will be located on the perpetual calendar. The corresponding date will represent the tentative release date for the inmate. f. Substance abuse treatment inmates shall have only jail credit and gain time calendar credit deducted from their sentence to determine the tentative release date. g. When the maximum and tentative release dates have been determined, the computer-generated sentencing computation worksheet shall be placed in the inmate's institutional file. h. A copy of the sentencing computation worksheet shall be provided to the inmate. #

I. Gain Time

1. Gain Time a. Gain time credit shall be awarded in order to encourage satisfactory inmate behavior and institutional adjustment. b. Effective August 2, 2004 to current, all county sentenced inmates with an original offense date occurring on or later than August 2, 2004 will only receive 15% of their sentence as gain time after jail credit has been deducted. Per City of Jacksonville (COJ) Municipal Ordinance (MO) 640.204, inmates are required to serve 85% of their sentences. c. Classification officers shall refer to COJ MO 640.201 for inmates sentenced on offenses committed prior to August 2, 2004. d. Inmates arrested for an incident that occurred prior to December 18, 2000, shall be granted gain time at the rate of five days for each 30 day period of the sentence before the jail credit has been deducted. (1) Unless prohibited by the sentencing judge, an inmate may receive gain time if the sentence is: (a) A straight term of incarceration; (b) A split sentence; (c) A criminal contempt of court (direct or indirect); or (d) A special condition of probation. (2) An inmate shall not receive gain time per F.S.S., if the sentence is for civil contempt of court (e.g., Writ of Attachment - child support). (3) An inmate sentenced to serve time as a weekend commitment shall not receive gain time. 2. Forfeiture of Gain Time a. As provided for by law, all or any part of the gain time earned by an inmate shall be subject to forfeiture for violation of any law of the state or any rule or regulation of the facility. b. The method of declaring a forfeiture of gain time shall be by proper disciplinary proceedings. c. Forfeiture of gain time shall be noted on Form P-0128e (Inmate Classification and Sentence Information) and the tentative release date recalculated and changed on all records to reflect the forfeiture. 3. Restoration of Forfeited Gain Time a. Forfeited gain time may be restored by the commander if: (1) The time was improperly forfeited; (2) An error was made which must be corrected; or (3) The inmate demonstrated exceptional work performance and rehabilitative efforts since his/her last disciplinary report. b. Restoration of forfeited gain time may be requested by the inmate when: (1) At least 30 days have elapsed since the last disciplinary report; and (2) The inmate makes a written request for the restoration of forfeited time during his/her last 30 days of incarceration. c. A designated staff member shall review the inmate's written request for restoration of forfeited gain time. (1) A request shall not be considered until the inmate has 30 days or less remaining on his/her sentence; (2) The designated staff member shall review the inmate's file and contact the inmate's work supervisor/program supervisor to determine the inmate's work performance and rehabilitative efforts since the time the inmate had the gain time forfeited; (3) The designated staff member shall submit a Form P-0653 (Restoration of Gain Time Worksheet) through the chain of command to the commander; (4) If the restoration is approved, the recalculated release date shall be noted on applicable records. A copy of the request shall be placed in the inmate's institutional file; and (5) The inmate shall be notified of the status of his/her request. 4. Record of Credit a. The summary of gain time shall be recorded on each inmate's Form P-0128e (Inmate Classification and Sentence Information). b. Any change to the inmate's gain time shall be noted on Form P-0128e (Inmate Classification and Sentence Information) and the tentative release date shall be recalculated and changed on all records. c. Classification sergeants shall review and approve the gain time summary on Form P-0128e (Inmate Classification and Sentence Information) for each inmate at a minimum of one day prior to the inmate's scheduled release date. #