Florida Senate - 2019                                     SB 110
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00286A-19                                           2019110__
    1                        A bill to be entitled                      
    2         An act relating to youth in solitary confinement;
    3         creating s. 958.155, F.S.; providing a short title;
    4         defining terms; prohibiting the Department of
    5         Corrections or a local governmental body from
    6         subjecting a youth to solitary confinement except
    7         under certain circumstances; limiting cell confinement
    8         of all youth prisoners; providing protection for youth
    9         prisoners held in emergency cell confinement;
   10         prohibiting a youth prisoner from being subjected to
   11         emergency cell confinement under certain
   12         circumstances; requiring facility staff to document
   13         the placement in emergency cell confinement; requiring
   14         that within a specified time and at specified
   15         intervals a mental health clinician evaluate face to
   16         face a youth prisoner who is subjected to emergency
   17         cell confinement; requiring facility staff to perform
   18         visual checks at specified intervals; requiring each
   19         evaluation to be documented; providing for an
   20         individualized suicide crisis intervention plan, if
   21         applicable; requiring the transporting of a youth to a
   22         mental health receiving facility if the youth’s
   23         suicide risk is not resolved within a certain time;
   24         requiring that youth prisoners in emergency cell
   25         confinement be allotted services and other benefits
   26         that are made available to prisoners in the general
   27         prison population; providing for the protection of
   28         youth prisoners in disciplinary cell confinement;
   29         prohibiting a youth prisoner from being subjected to
   30         disciplinary cell confinement for more than a certain
   31         duration; requiring staff to perform visual checks at
   32         specified intervals; requiring that youth prisoners in
   33         disciplinary cells be allotted services and other
   34         benefits that are made available to prisoners in the
   35         general prison population; providing reduced isolation
   36         for youth prisoners in protective custody; requiring
   37         the department and the boards of county commissioners
   38         to review their policies relating to youth prisoners
   39         to evaluate whether the policies are necessary;
   40         requiring the department and the board of county
   41         commissioners of each county that administers a
   42         detention facility or jail to certify compliance in a
   43         report to the Governor and Legislature by a specified
   44         date; requiring the department and the boards of
   45         county commissioners to adopt rules; providing
   46         construction; amending s. 944.09, F.S.; authorizing
   47         the department to adopt rules; amending s. 951.23,
   48         F.S.; requiring sheriffs and chief correctional
   49         officers to adopt model standards relating to youth
   50         prisoners; reenacting s. 944.279(1), F.S., relating to
   51         disciplinary procedures applicable to a prisoner for
   52         filing frivolous or malicious actions or bringing
   53         false information before a court, to incorporate the
   54         amendment made to s. 944.09, F.S., in a reference
   55         thereto; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 958.155, Florida Statutes, is created to
   60  read:
   61         958.155Youthful offenders in solitary confinement.—
   62         (1) SHORT TITLE.—This section may be cited as the “Youth in
   63  Solitary Confinement Reduction Act.”
   64         (2) DEFINITIONS.—As used in this section, the term:
   65         (a) “Disciplinary cell confinement” means a disciplinary
   66  sanction for a major rule violation in which a youth who is
   67  found guilty of committing a major rule violation is confined to
   68  a cell for a specified time.
   69         (b) “Emergency cell confinement” means the confinement to a
   70  cell of a youth who needs to be temporarily removed from the
   71  general population of prisoners because he or she presents an
   72  immediate, serious danger to the security or safety of himself
   73  or herself or others.
   74         (c) “Major rule violation” means an act that:
   75         1. Is an act of violence which results in or is likely to
   76  result in serious injury or death to another;
   77         2. Occurs in connection with an act of nonconsensual sex;
   78         3. Consists of two or more discrete acts that cause serious
   79  disruption to the security or order of the detention center or
   80  facility operations; or
   81         4. Is an escape, attempted escape, or conspiracy to escape
   82  from within a security perimeter or from custody or both.
   83         (d) “Mental health clinician” means a psychiatrist,
   84  psychologist, social worker, or nurse practitioner.
   85         (e) “Prisoner” means a person incarcerated in a county or
   86  regional jail or in a department facility who is accused of,
   87  convicted of, or sentenced for a violation of criminal law or
   88  the terms and conditions of parole, probation, pretrial release,
   89  or a diversionary program.
   90         (f) “Protective custody” means a status for a youth who
   91  requires protection because he or she is in danger of being
   92  victimized by other prisoners in the facility. The term includes
   93  time spent under this status pending review of the youth’s
   94  request for protection.
   95         (g) “Solitary confinement” means involuntary confinement in
   96  a cell for more than 20 hours a day, in isolation.
   97         (h) “Youth” means a person who is younger than 18 years of
   98  age, or a person who is sentenced as a “youthful offender” by a
   99  court or is classified as such by the department pursuant to
  100  this chapter.
  101         (3)PROTECTING YOUTH FROM SOLITARY CONFINEMENT.—A youth
  102  prisoner who is held under the jurisdiction of the department or
  103  a local governmental body in this state may not be subjected to
  104  solitary confinement, except as provided in this section. Cell
  105  confinement of all youth prisoners is limited to the types and
  106  parameters of confinement specified in this section.
  107         (4) PROTECTING YOUTH HELD IN EMERGENCY CELL CONFINEMENT.—
  108         (a) A youth prisoner may be subjected to emergency cell
  109  confinement for a period not to exceed 24 hours.
  110         (b) A youth prisoner may not be subjected to emergency cell
  111  confinement unless all other less-restrictive options have been
  112  exhausted. Facility staff shall document the placement of a
  113  youth prisoner in emergency cell confinement and include the
  114  justification for the placement and all the attempts for other
  115  less-restrictive options before the placement.
  116         (c) A youth prisoner may be subjected to emergency cell
  117  confinement for the shortest time that is required to address
  118  the safety risk and may not be held in such confinement if a
  119  mental health clinician determines that the confinement is
  120  detrimental to the youth’s mental or physical health.
  121         (d) A youth prisoner who is subjected to emergency cell
  122  confinement shall be evaluated face to face by a mental health
  123  clinician within 1 hour after placement and at least every 4
  124  hours thereafter to determine if the youth should remain in
  125  emergency cell confinement. The mental health clinician shall
  126  document each evaluation and shall include the reason for
  127  continued placement in emergency cell confinement.
  128         (e) During the time a youth prisoner is subjected to
  129  emergency cell confinement, the facility staff shall conduct
  130  visual checks at least 4 times an hour and not longer than 15
  131  minutes apart. During the time a youth is awake, the staff shall
  132  speak to the youth during the visual checks. After each visual
  133  check, the staff shall document the status of the youth.
  134         (f) Within 4 hours after placing a youth prisoner who has
  135  exhibited suicidal behavior or committed acts of self-harm in
  136  emergency cell confinement, a mental health clinician shall
  137  implement an individualized suicide crisis intervention plan for
  138  the youth and closely monitor the youths condition in order to
  139  reduce or eliminate the risk of self-harm. If the youth’s
  140  suicide risk is not resolved within 24 hours, the youth must be
  141  moved to a mental health receiving facility.
  142         (g) A youth prisoner who is subjected to emergency cell
  143  confinement shall be provided:
  144         1. At least 1 hour of daily out-of-cell large-muscle
  145  exercise that includes access to outdoor recreation when the
  146  weather allows; and
  147         2. Access to the same meals and drinking water, medical
  148  treatment, contact with parents and legal guardians, and legal
  149  assistance as provided to prisoners in the general population.
  150         (5) PROTECTING YOUTH HELD IN DISCIPLINARY CELL
  151  CONFINEMENT.—
  152         (a) A youth prisoner may be subjected to disciplinary cell
  153  confinement by himself or herself for a period not to exceed 72
  154  hours.
  155         (b) During the time a youth prisoner is subjected to
  156  disciplinary cell confinement in a cell by himself or herself,
  157  the facility staff shall conduct visual checks at least 4 times
  158  an hour and not longer than 15 minutes apart. During the time
  159  the youth is awake, the staff shall speak to the youth during
  160  the visual checks. After each visual check, the staff shall
  161  document the status of the youth.
  162         (c) A youth prisoner who is subjected to disciplinary cell
  163  confinement shall be provided:
  164         1. At least 2 hours of daily out-of-cell large-muscle
  165  exercise that includes access to outdoor recreation when the
  166  weather allows;
  167         2. Daily showers; and
  168         3. Access to the same meals and drinking water, clothing,
  169  medical treatment, educational services, correspondence
  170  privileges, contact with parents and legal guardians, and legal
  171  assistance as provided to prisoners in the general population.
  172         (6)REDUCING ISOLATION FOR YOUTH WHO REQUIRE PROTECTIVE
  173  CUSTODY.—If a youth prisoner is subjected to protective custody,
  174  the restrictions to which the youth prisoner is subjected due to
  175  such custody status must be the least restrictive to maintain
  176  the safety of the youth prisoner and the facility. At a minimum,
  177  such youth prisoner shall have access to:
  178         (a) Educational and programming opportunities consistent
  179  with the youth prisoner’s safety and security and any federal
  180  and state law requirements;
  181         (b) At least 5 hours a day of out-of-cell time, including a
  182  minimum of 2 hours of daily out-of-cell large-muscle exercise
  183  that includes access to outdoor recreation when the weather
  184  allows;
  185         (c) The same meals and drinking water, clothing, and
  186  medical treatment as provided to prisoners in the general
  187  population;
  188         (d) Personal property, including televisions and radios,
  189  and access to books, magazines, and other printed materials;
  190         (e) Daily showers;
  191         (f) The law library; and
  192         (g) The same correspondence privileges and number of visits
  193  and phone calls allowed to prisoners in the general population,
  194  including, but not limited to, the same contact with parents and
  195  legal guardians and the same legal assistance.
  196         (7) IMPLEMENTATION.—
  197         (a) The department and the board of county commissioners of
  198  each county that administers a detention facility or jail shall
  199  review their policies relating to youth prisoners in solitary
  200  confinement or protective custody to determine if the policies
  201  are necessary. The department and the board of county
  202  commissioners of each county that administers a detention
  203  facility or jail shall certify compliance with this section in a
  204  report that the department and the commission shall submit to
  205  the Governor, the President of the Senate, and the Speaker of
  206  the House of Representatives by January 1, 2020. The department
  207  and the board of county commissioners of each such county shall
  208  adopt policies and procedures necessary to administer this act.
  209         (b) This act does not conflict with any law providing
  210  greater or additional protections to youth prisoners in this
  211  state.
  212         Section 2. Paragraph (s) is added to subsection (1) of
  213  section 944.09, Florida Statutes, to read:
  214         944.09 Rules of the department; offenders, probationers,
  215  and parolees.—
  216         (1) The department has authority to adopt rules pursuant to
  217  ss. 120.536(1) and 120.54 to implement its statutory authority.
  218  The rules must include rules relating to:
  219         (s) Disciplinary procedures and punishment for youth
  220  prisoners in compliance with the Youth in Solitary Confinement
  221  Reduction Act.
  222         Section 3. Paragraph (a) of subsection (4) of section
  223  951.23, Florida Statutes, is amended to read:
  224         951.23 County and municipal detention facilities;
  225  definitions; administration; standards and requirements.—
  226         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  227  OFFICERS.—
  228         (a) There shall be established a five-member working group
  229  consisting of three persons appointed by the Florida Sheriffs
  230  Association and two persons appointed by the Florida Association
  231  of Counties to develop model standards for county and municipal
  232  detention facilities. By October 1, 1996, Each sheriff and chief
  233  correctional officer shall adopt, at a minimum, the model
  234  standards with reference to:
  235         1.a. The construction, equipping, maintenance, and
  236  operation of county and municipal detention facilities.
  237         b. The cleanliness and sanitation of county and municipal
  238  detention facilities; the number of county and municipal
  239  prisoners who may be housed therein per specified unit of floor
  240  space; the quality, quantity, and supply of bedding furnished to
  241  such prisoners; the quality, quantity, and diversity of food
  242  served to them and the manner in which it is served; the
  243  furnishing to them of medical attention and health and comfort
  244  items; and the disciplinary treatment that which may be meted
  245  out to them.
  246  
  247  Notwithstanding the provisions of the otherwise applicable
  248  building code, a reduced custody housing area may be occupied by
  249  inmates or may be used for sleeping purposes as allowed in
  250  subsection (7). The sheriff or chief correctional officer shall
  251  provide that a reduced custody housing area shall be governed by
  252  fire and life safety standards which do not interfere with the
  253  normal use of the facility and which affect a reasonable degree
  254  of compliance with rules of the State Fire Marshal for
  255  correctional facilities.
  256         2. The confinement of prisoners by classification and
  257  providing, whenever possible, for classifications that which
  258  separate males from females, juveniles from adults, felons from
  259  misdemeanants, and those awaiting trial from those convicted
  260  and, in addition, providing for the separation of special risk
  261  prisoners, such as the mentally ill, alcohol or narcotic
  262  addicts, sex deviates, suicide risks, and any other
  263  classification that which the local unit may deem necessary for
  264  the safety of the prisoners and the operation of the facility
  265  pursuant to degree of risk and danger criteria. Nondangerous
  266  felons may be housed with misdemeanants.
  267         3. The confinement of prisoners by classification and
  268  providing for classifications that comply with the Youth
  269  Solitary Confinement Reduction Act.
  270         Section 4. For the purpose of incorporating the amendment
  271  made by this act to section 944.09, Florida Statutes, in a
  272  reference thereto, subsection (1) of section 944.279, Florida
  273  Statutes, is reenacted to read:
  274         944.279 Disciplinary procedures applicable to prisoner for
  275  filing frivolous or malicious actions or bringing false
  276  information before court.—
  277         (1) At any time, and upon its own motion or on motion of a
  278  party, a court may conduct an inquiry into whether any action or
  279  appeal brought by a prisoner was brought in good faith. A
  280  prisoner who is found by a court to have brought a frivolous or
  281  malicious suit, action, claim, proceeding, or appeal in any
  282  court of this state or in any federal court, which is filed
  283  after June 30, 1996, or to have brought a frivolous or malicious
  284  collateral criminal proceeding, which is filed after September
  285  30, 2004, or who knowingly or with reckless disregard for the
  286  truth brought false information or evidence before the court, is
  287  subject to disciplinary procedures pursuant to the rules of the
  288  Department of Corrections. The court shall issue a written
  289  finding and direct that a certified copy be forwarded to the
  290  appropriate institution or facility for disciplinary procedures
  291  pursuant to the rules of the department as provided in s.
  292  944.09.
  293         Section 5. This act shall take effect July 1, 2019.