Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 624
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LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Montford) recommended the
following:
1 Senate Substitute for Amendment (366196) (with title
2 amendment)
3
4 Delete lines 104 - 201
5 and insert:
6 945.425 Youth in confinement.—
7 (1) DEFINITIONS.—As used in this section, the term:
8 (a) “Emergency confinement” means a type of confinement
9 that involves the involuntary placement of a youth in an
10 isolated room to separate that youth from the general inmate
11 population and to remove him or her from a situation in which he
12 or she presents an immediate and serious danger to the security
13 or safety of himself or herself or others.
14 (b) “Medical confinement” means a type of confinement that
15 involves the involuntary placement of a youth in an isolated
16 room to separate that youth from the general inmate population
17 to allow him or her to recover from an illness or to prevent the
18 spread of a communicable illness.
19 (c) “Mental health clinician” means a licensed
20 psychiatrist, psychologist, social worker, mental health
21 counselor, nurse practitioner, or physician assistant.
22 (d) “Solitary confinement” means the involuntary placement
23 of a youth in an isolated room to separate that youth from the
24 general inmate population for any period of time.
25 (e) “Youth” means a person within the custody of the
26 department who is under the age of 19 years.
27 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A youth
28 may not be placed in solitary confinement, except as provided in
29 this section.
30 (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.—
31 (a) A youth may be placed in emergency confinement if all
32 of the following conditions are met:
33 1. A nonphysical intervention with the youth would not be
34 effective in preventing harm or danger to the youth or others.
35 2. There is imminent risk of the youth physically harming
36 himself or herself, staff, or others or the youth is engaged in
37 major property destruction that is likely to compromise the
38 security of the program or jeopardize the safety of the youth or
39 others.
40 3. All less-restrictive means have been exhausted.
41 (b) Facility staff shall document the placement of a youth
42 in emergency confinement. The documentation must include
43 justification for the placement, in addition to a description of
44 the less-restrictive options that the facility staff exercised
45 before the youth was so placed.
46 (c) A mental health clinician shall evaluate a youth who is
47 placed in emergency confinement within 1 hour after such
48 placement to ensure that the confinement is not detrimental to
49 the mental or physical health of the youth. Following the
50 initial evaluation, a mental health clinician shall conduct a
51 face-to-face evaluation of the youth every 2 hours thereafter to
52 determine whether the youth should remain in emergency
53 confinement. The mental health clinician shall document each
54 evaluation and provide justification for continued placement in
55 emergency confinement.
56 (d) A youth may not be placed in emergency confinement for
57 more than 24 hours unless an extension is sought and obtained by
58 a mental health clinician.
59 1. If a mental health clinician determines that release of
60 the youth would imminently threaten the safety of the youth or
61 others, the mental health clinician may grant a one-time
62 extension of 24 hours for continued placement in emergency
63 confinement.
64 2. If, at the conclusion of the 48-hour window, a mental
65 health clinician determines that it is not safe for the youth to
66 be released from emergency confinement, the facility staff must
67 prepare to transfer the youth to a facility that is able to
68 provide specialized treatment to address the youth’s needs.
69 (e) A youth who is placed in emergency confinement must be
70 provided access to the same meals and drinking water, clothing,
71 medical treatment, contact with parents and legal guardians, and
72 legal assistance as provided to youth in the general inmate
73 population.
74 (f) The use of emergency confinement is strictly prohibited
75 for the purposes of punishment or discipline.
76 (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.—
77 (a) A youth may be placed in medical confinement if all of
78 the following conditions are met:
79 1. Isolation from the general inmate population and staff
80 is required to allow the youth to rest and recover from illness
81 or to prevent the spread of a communicable illness.
82 2. A medical professional deems such placement necessary.
83 3. The use of other less-restrictive means would not be
84 sufficient to allow the youth to recover from illness or to
85 prevent the spread of a communicable illness.
86 (b) A youth may be placed in medical confinement for a
87 period of time not to exceed the time that is necessary for the
88 youth to recover from his or her illness or to prevent the
89 spread of a communicable illness to other inmates or staff in
90 the facility.
91 (c) Facility staff shall document the placement of a youth
92 in medical confinement. The documentation must include a medical
93 professional’s justification for the placement.
94 (d) A medical professional must evaluate a youth who is
95 held in medical confinement face-to-face at least once every 12
96 hours to determine whether the youth should remain in medical
97 confinement. The medical professional shall document each
98 evaluation and provide justification for continued placement in
99 medical confinement.
100 (e) The use of medical confinement is strictly prohibited
101 for the purposes of punishment or discipline.
102 (5) IMPLEMENTATION.—
103 (a) The department shall review its policies and procedures
104 relating to youth in confinement to determine whether
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete line 26
109 and insert:
110 relating to youth in confinement; requiring