Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 624
       
       
       
       
       
                               Ì896404)Î896404                          
       
       576-04420-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to youth in solitary confinement;
    3         creating s. 945.425, F.S.; defining terms; prohibiting
    4         the Department of Corrections from placing a youth in
    5         solitary confinement except under certain
    6         circumstances; authorizing a youth to be placed in
    7         emergency confinement if certain conditions are met;
    8         requiring facility staff to document such placement;
    9         requiring that, within a specified timeframe and at
   10         specified intervals, a mental health clinician conduct
   11         certain evaluations of a youth who is in emergency
   12         confinement; limiting the allowable length of time for
   13         emergency confinement; requiring specific treatment
   14         for a youth who is in emergency confinement;
   15         prohibiting the use of emergency confinement for
   16         certain purposes; authorizing a youth to be placed in
   17         medical confinement under certain circumstances;
   18         limiting the allowable length of time for medical
   19         confinement; requiring facility staff to document such
   20         confinement; requiring that, within a specified
   21         timeframe and at specified intervals, a medical
   22         professional conduct certain evaluations of a youth
   23         who is in medical confinement; prohibiting the use of
   24         medical confinement for certain purposes; requiring
   25         the department to review its policies and procedures
   26         relating to youth in confinement; requiring the
   27         department to certify compliance in a report to the
   28         Governor and Legislature by a specified date;
   29         requiring the department to adopt policies and
   30         procedures; providing applicability; amending s.
   31         951.23, F.S.; requiring sheriffs and chief
   32         correctional officers to adopt model standards
   33         relating to youth; amending s. 944.09, F.S.;
   34         authorizing the Department of Corrections to adopt
   35         rules; reenacting s. 944.279(1), F.S., relating to
   36         disciplinary procedures applicable to a prisoner for
   37         filing frivolous or malicious actions or bringing
   38         false information before a court, to incorporate the
   39         amendment made to s. 944.09, F.S., in a reference
   40         thereto; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 945.425, Florida Statutes, is created to
   45  read:
   46         945.425 Youth in confinement.—
   47         (1) DEFINITIONS.—As used in this section, the term:
   48         (a) “Emergency confinement” means a type of confinement
   49  that involves the involuntary placement of a youth in an
   50  isolated room to separate that youth from the general inmate
   51  population and to remove him or her from a situation in which he
   52  or she presents an immediate and serious danger to the security
   53  or safety of himself or herself or others.
   54         (b) “Medical confinement” means a type of confinement that
   55  involves the involuntary placement of a youth in an isolated
   56  room to separate that youth from the general inmate population
   57  to allow him or her to recover from an illness or to prevent the
   58  spread of a communicable illness.
   59         (c) “Mental health clinician” means a licensed
   60  psychiatrist, psychologist, social worker, mental health
   61  counselor, nurse practitioner, or physician assistant.
   62         (d) “Solitary confinement” means the involuntary placement
   63  of a youth in an isolated room to separate that youth from the
   64  general inmate population for any period of time.
   65         (e) “Youth” means a person within the custody of the
   66  department who is under the age of 19 years.
   67         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A youth
   68  may not be placed in solitary confinement, except as provided in
   69  this section.
   70         (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.—
   71         (a) A youth may be placed in emergency confinement if all
   72  of the following conditions are met:
   73         1. A nonphysical intervention with the youth would not be
   74  effective in preventing harm or danger to the youth or others.
   75         2. There is imminent risk of the youth physically harming
   76  himself or herself, staff, or others or the youth is engaged in
   77  major property destruction that is likely to compromise the
   78  security of the program or jeopardize the safety of the youth or
   79  others.
   80         3. All less-restrictive means have been exhausted.
   81         (b) Facility staff shall document the placement of a youth
   82  in emergency confinement. The documentation must include
   83  justification for the placement, in addition to a description of
   84  the less-restrictive options that the facility staff exercised
   85  before the youth was so placed.
   86         (c) A mental health clinician shall evaluate a youth who is
   87  placed in emergency confinement within 1 hour after such
   88  placement to ensure that the confinement is not detrimental to
   89  the mental or physical health of the youth. Following the
   90  initial evaluation, a mental health clinician shall conduct a
   91  face-to-face evaluation of the youth every 2 hours thereafter to
   92  determine whether the youth should remain in emergency
   93  confinement. The mental health clinician shall document each
   94  evaluation and provide justification for continued placement in
   95  emergency confinement.
   96         (d) A youth may not be placed in emergency confinement for
   97  more than 24 hours unless an extension is sought and obtained by
   98  a mental health clinician.
   99         1. If a mental health clinician determines that release of
  100  the youth would imminently threaten the safety of the youth or
  101  others, the mental health clinician may grant a one-time
  102  extension of 24 hours for continued placement in emergency
  103  confinement.
  104         2. If, at the conclusion of the 48-hour window, a mental
  105  health clinician determines that it is not safe for the youth to
  106  be released from emergency confinement, the facility staff must
  107  prepare to transfer the youth to a facility that is able to
  108  provide specialized treatment to address the youth’s needs.
  109         (e) A youth who is placed in emergency confinement must be
  110  provided access to the same meals and drinking water, clothing,
  111  medical treatment, contact with parents and legal guardians, and
  112  legal assistance as provided to youth in the general inmate
  113  population.
  114         (f) The use of emergency confinement is strictly prohibited
  115  for the purposes of punishment or discipline.
  116         (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.—
  117         (a) A youth may be placed in medical confinement if all of
  118  the following conditions are met:
  119         1. Isolation from the general inmate population and staff
  120  is required to allow the youth to rest and recover from illness
  121  or to prevent the spread of a communicable illness.
  122         2. A medical professional deems such placement necessary.
  123         3. The use of other less-restrictive means would not be
  124  sufficient to allow the youth to recover from illness or to
  125  prevent the spread of a communicable illness.
  126         (b) A youth may be placed in medical confinement for a
  127  period of time not to exceed the time that is necessary for the
  128  youth to recover from his or her illness or to prevent the
  129  spread of a communicable illness to other inmates or staff in
  130  the facility.
  131         (c) Facility staff shall document the placement of a youth
  132  in medical confinement. The documentation must include a medical
  133  professional’s justification for the placement.
  134         (d) A medical professional must evaluate a youth who is
  135  held in medical confinement face-to-face at least once every 12
  136  hours to determine whether the youth should remain in medical
  137  confinement. The medical professional shall document each
  138  evaluation and provide justification for continued placement in
  139  medical confinement.
  140         (e) The use of medical confinement is strictly prohibited
  141  for the purposes of punishment or discipline.
  142         (5) IMPLEMENTATION.—
  143         (a) The department shall review its policies and procedures
  144  relating to youth in confinement to determine whether its
  145  policies and procedures comply with this section.
  146         (b) The department shall certify compliance with this
  147  section in a report that the department shall submit to the
  148  Governor, the President of the Senate, and the Speaker of the
  149  House of Representatives by January 1, 2020.
  150         (c) The department shall adopt policies and procedures
  151  necessary to administer this section.
  152         (d) This section does not supersede any law providing
  153  greater or additional protections to a youth in this state.
  154         Section 2. Paragraph (a) of subsection (4) of section
  155  951.23, Florida Statutes, is amended to read:
  156         951.23 County and municipal detention facilities;
  157  definitions; administration; standards and requirements.—
  158         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  159  OFFICERS.—
  160         (a) There shall be established A five-member working group
  161  is established which consists consisting of three persons
  162  appointed by the Florida Sheriffs Association and two persons
  163  appointed by the Florida Association of Counties to develop
  164  model standards for county and municipal detention facilities.
  165  At a minimum By October 1, 1996, each sheriff and chief
  166  correctional officer shall adopt, at a minimum, the model
  167  standards with reference to:
  168         1.a. The construction, equipping, maintenance, and
  169  operation of county and municipal detention facilities.
  170         b. The cleanliness and sanitation of county and municipal
  171  detention facilities; the number of county and municipal
  172  prisoners who may be housed therein per specified unit of floor
  173  space; the quality, quantity, and supply of bedding furnished to
  174  such prisoners; the quality, quantity, and diversity of food
  175  served to them and the manner in which it is served; the
  176  furnishing to them of medical attention and health and comfort
  177  items; and the disciplinary treatment that which may be meted
  178  out to them.
  179  
  180  Notwithstanding the provisions of the otherwise applicable
  181  building code, a reduced custody housing area may be occupied by
  182  inmates or may be used for sleeping purposes as allowed in
  183  subsection (7). The sheriff or chief correctional officer shall
  184  provide that a reduced custody housing area shall be governed by
  185  fire and life safety standards which do not interfere with the
  186  normal use of the facility and which affect a reasonable degree
  187  of compliance with rules of the State Fire Marshal for
  188  correctional facilities.
  189         2. The confinement of prisoners by classification and
  190  providing, whenever possible, for classifications that which
  191  separate males from females, juveniles from adults, felons from
  192  misdemeanants, and those awaiting trial from those convicted
  193  and, in addition, providing for the separation of special risk
  194  prisoners, such as the mentally ill, alcohol or narcotic
  195  addicts, sex deviates, suicide risks, and any other
  196  classification which the local unit may deem necessary for the
  197  safety of the prisoners and the operation of the facility
  198  pursuant to degree of risk and danger criteria. Nondangerous
  199  felons may be housed with misdemeanants.
  200         3. The confinement of prisoners by classification on the
  201  basis of age and a strict prohibition on the use of solitary
  202  confinement for prisoners under the age of 19 years, in
  203  compliance with s. 945.425.
  204         Section 3. Paragraph (s) is added to subsection (1) of
  205  section 944.09, Florida Statutes, to read:
  206         944.09 Rules of the department; offenders, probationers,
  207  and parolees.—
  208         (1) The department has authority to adopt rules pursuant to
  209  ss. 120.536(1) and 120.54 to implement its statutory authority.
  210  The rules must include rules relating to:
  211         (s)Youth in confinement in compliance with s. 945.425.
  212         Section 4. For the purpose of incorporating the amendment
  213  made by this act to section 944.09, Florida Statutes, in a
  214  reference thereto, subsection (1) of section 944.279, Florida
  215  Statutes, is reenacted to read:
  216         944.279 Disciplinary procedures applicable to prisoner for
  217  filing frivolous or malicious actions or bringing false
  218  information before court.—
  219         (1) At any time, and upon its own motion or on motion of a
  220  party, a court may conduct an inquiry into whether any action or
  221  appeal brought by a prisoner was brought in good faith. A
  222  prisoner who is found by a court to have brought a frivolous or
  223  malicious suit, action, claim, proceeding, or appeal in any
  224  court of this state or in any federal court, which is filed
  225  after June 30, 1996, or to have brought a frivolous or malicious
  226  collateral criminal proceeding, which is filed after September
  227  30, 2004, or who knowingly or with reckless disregard for the
  228  truth brought false information or evidence before the court, is
  229  subject to disciplinary procedures pursuant to the rules of the
  230  Department of Corrections. The court shall issue a written
  231  finding and direct that a certified copy be forwarded to the
  232  appropriate institution or facility for disciplinary procedures
  233  pursuant to the rules of the department as provided in s.
  234  944.09.
  235         Section 5. This act shall take effect July 1, 2019.