Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 624 Ì448502ÄÎ448502 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/04/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Montford) recommended the following: 1 Senate Substitute for Amendment (569312) 2 3 Delete lines 263 - 487 4 and insert: 5 985.28 Confinement in detention facilities.— 6 (1) DEFINITIONS.—As used in this section, the term: 7 (a) “Child” means a person who is in the custody of the 8 department and who is under the age of 19 years. 9 (b) “Emergency confinement” means a type of confinement 10 that involves the involuntary placement of a child in an 11 isolated room to separate that child from other children in the 12 facility and to remove him or her from a situation in which he 13 or she presents an immediate and serious danger to the security 14 or safety of himself or herself or others. 15 (c) “Medical confinement” means a type of confinement that 16 involves the involuntary placement of a child in an isolated 17 room to separate that child from other children in the facility 18 to allow the child to recover from illness or to prevent the 19 spread of a communicable illness. 20 (d) “Mental health clinician” means a licensed 21 psychiatrist, psychologist, social worker, mental health 22 counselor, nurse practitioner, or physician assistant. 23 (e) “Solitary confinement” means the involuntary placement 24 of a child in an isolated room to separate that child from other 25 children in the facility for any period of time. 26 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child 27 may not be placed in solitary confinement, except as provided in 28 this section. 29 (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.— 30 (a) A child may be placed in emergency confinement if all 31 of the following conditions are met: 32 1. A nonphysical intervention with the child would not be 33 effective in preventing harm or danger to the child or others. 34 2. There is imminent risk of the child physically harming 35 himself or herself, staff, or others or the child is engaged in 36 major property destruction that is likely to compromise the 37 security of the program or jeopardize the safety of the child or 38 others. 39 3. All less-restrictive means have been exhausted. 40 (b) Facility staff shall document the placement of a child 41 in emergency confinement. The documentation must include 42 justification for the placement of a child in emergency 43 confinement, in addition to a description of the less 44 restrictive options that the facility staff exercised before the 45 child was so placed. 46 (c) A mental health clinician shall evaluate a child 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 child. Following the 50 initial evaluation, a mental health clinician shall conduct a 51 face-to-face evaluation of the child every 2 hours thereafter to 52 determine whether the child 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 child 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 child would imminently threaten the safety of the child 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 child to 66 be released from emergency confinement, the facility staff must 67 prepare to transfer the child to a facility that is able to 68 provide specialized treatment to address the child’s needs. 69 (e) A child 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 children in the facility. 73 (f) The use of emergency confinement is strictly prohibited 74 for the purposes of punishment or discipline. 75 (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.— 76 (a) A child may be placed in medical confinement if all of 77 the following conditions are met: 78 1. Isolation from staff and other children in the facility 79 is required to allow the child to rest and recover from illness 80 or to prevent the spread of a communicable illness. 81 2. A medical professional deems such placement necessary. 82 3. The use of other less-restrictive means would not be 83 sufficient to allow the child to recover from illness or to 84 prevent the spread of a communicable illness. 85 (b) A child may be placed in medical confinement for a 86 period of time not to exceed the time that is necessary for the 87 child to recover from his or her illness or to prevent the 88 spread of a communicable illness to other children or staff in 89 the facility. 90 (c) Facility staff shall document the placement of a child 91 in medical confinement. The documentation must include a medical 92 professional’s justification for the placement. 93 (d) A medical professional must conduct a face-to-face 94 evaluation of a child who is held in medical confinement at 95 least once every 12 hours to determine whether the child should 96 remain in medical confinement. The medical professional shall 97 document each evaluation and provide justification for continued 98 placement in medical confinement. 99 (e) The use of medical confinement is strictly prohibited 100 for the purposes of punishment or discipline. 101 (5) IMPLEMENTATION.— 102 (a) The department and the board of county commissioners of 103 each county that administers a detention facility shall review 104 their policies and procedures relating to disciplinary treatment 105 to determine whether their policies and procedures comply with 106 this section. 107 (b) The department and the board of county commissioners of 108 each county that administers a detention facility shall certify 109 compliance with this section in a report that the department and 110 the board shall submit to the Governor, the President of the 111 Senate, and the Speaker of the House of Representatives by 112 January 1, 2020. 113 (c) This section does not supersede any law providing 114 greater or additional protections to a child in this state. 115 Section 4. Section 985.4415, Florida Statutes, is created 116 to read: 117 985.4415 Confinement in residential facilities.— 118 (1) DEFINITIONS.—As used in this section, the term: 119 (a) “Child” means a person within the custody of the 120 department who is under the age of 19 years. 121 (b) “Emergency confinement” means a type of confinement 122 that involves the involuntary placement of a child in an 123 isolated room to separate that child from other children in the 124 facility and to remove him or her from a situation in which he 125 or she presents an immediate and serious danger to the security 126 or safety of himself or herself or others. 127 (c) “Medical confinement” means a type of confinement that 128 involves the involuntary placement of a child in an isolated 129 room to separate that child from the other children in the 130 facility and to allow him or her to recover from illness or to 131 prevent the spread of a communicable illness. 132 (d) “Mental health clinician” means a licensed 133 psychiatrist, psychologist, social worker, mental health 134 counselor, nurse practitioner, or physician assistant. 135 (e) “Solitary confinement” means the involuntary placement 136 of a child in an isolated room to separate that child from the 137 other children in the facility for any period of time. 138 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child 139 may not be placed in solitary confinement, except as provided in 140 this section. 141 (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.— 142 (a) A child may be placed in emergency confinement if all 143 of the following conditions are met: 144 1. A nonphysical intervention with the child would not be 145 effective in preventing harm or danger to the child or others. 146 2. There is imminent risk of the child physically harming 147 himself or herself, staff, or others or the child is engaged in 148 major property destruction that is likely to compromise the 149 security of the program or jeopardize the safety of the child or 150 others. 151 3. All less-restrictive means have been exhausted. 152 (b) Facility staff shall document the placement of a child 153 in emergency confinement. The documentation must include 154 justification for the placement of a child in emergency 155 confinement, in addition to a description of the other less 156 restrictive options that the facility staff exercised before the 157 child was so placed. 158 (c) A mental health clinician shall evaluate a child who is 159 placed in emergency confinement within 1 hour after such 160 placement to ensure that the confinement is not detrimental to 161 the mental or physical health of the child. Following the 162 initial evaluation, a mental health clinician shall conduct a 163 face-to-face evaluation of the child every 2 hours thereafter to 164 determine whether the child should remain in emergency 165 confinement. The mental health clinician shall document each 166 evaluation and provide justification for continued placement in 167 emergency confinement. 168 (d) A child may not be placed in emergency confinement for 169 more than 24 hours unless an extension is sought and obtained by 170 a mental health clinician. 171 1. If a mental health clinician determines that release of 172 the child would imminently threaten the safety of the child or 173 others, the mental health clinician may grant a one-time 174 extension of 24 hours for continued placement in emergency 175 confinement. 176 2. If at the conclusion of the 48-hour window a mental 177 health clinician determines that it is not safe for the child to 178 be released from emergency confinement, the facility staff must 179 prepare to transfer the child to a facility that is able to 180 provide specialized treatment to address the child’s needs. 181 (e) A child who is placed in emergency confinement must be 182 provided access to the same meals and drinking water, clothing, 183 medical treatment, contact with parents and legal guardians, and 184 legal assistance as provided to children in the facility. 185 (f) The use of emergency confinement is strictly prohibited 186 for the purposes of punishment or discipline. 187 (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.— 188 (a) A child may be placed in medical confinement if all of 189 the following conditions are met: 190 1. Isolation from other children and staff in the facility 191 is required to allow a child to rest and recover from illness or 192 to prevent the spread of a communicable illness. 193 2. A medical professional deems such placement necessary. 194 3. The use of other less-restrictive means would not be 195 sufficient to allow the child to recover from illness or to 196 prevent the spread of a communicable illness. 197 (b) A child may be placed in medical confinement for a 198 period of time not to exceed the time that is necessary for the 199 child to recover from his or her illness or to prevent the 200 spread of a communicable illness to other children or staff in 201 the facility. 202 (c) Facility staff shall document the placement of a child 203 in medical confinement. The documentation must include a medical 204 professional’s justification for the placement. 205 (d) A medical professional must conduct a face-to-face 206 evaluation of a child who is held in medical confinement at 207 least once every 12 hours to determine whether the child should 208 remain in medical confinement. The medical professional shall 209 document each evaluation and provide justification for continued 210 placement in medical confinement. 211 (e) The use of medical confinement is strictly prohibited 212 for the purposes of punishment or discipline. 213 (5) IMPLEMENTATION.— 214 (a) The department shall review its policies and procedures 215 relating to disciplinary treatment in residential facilities to 216 determine whether its policies and procedures comply with this 217 section. 218 (b) The department shall certify compliance with this 219 section in a report that the department shall submit to the 220 Governor, the President of the Senate, and the Speaker of the 221 House of Representatives by January 1, 2020. 222 (c) This section does not supersede any law providing 223 greater or additional protections to a child in this state. 224 Section 5. Paragraph (s) is added to subsection (1) of 225 section 944.09, Florida Statutes, to read: 226 944.09 Rules of the department; offenders, probationers, 227 and parolees.— 228 (1) The department has authority to adopt rules pursuant to 229 ss. 120.536(1) and 120.54 to implement its statutory authority. 230 The rules must include rules relating to: 231 (s) Youth in confinement in compliance with s.