Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 624 Ì569312ÉÎ569312 LEGISLATIVE ACTION Senate . House Comm: RS . 03/04/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Montford) recommended the following: 1 Senate Amendment 2 3 Delete lines 278 - 389 4 and insert: 5 (d) “Mental health clinician” means a licensed 6 psychiatrist, psychologist, social worker, or nurse 7 practitioner. 8 (e) “Solitary confinement” means the involuntary placement 9 of a child in an isolated room to separate that child from other 10 children in the facility for any period of time. 11 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child 12 may not be placed in solitary confinement, except as provided in 13 this section. 14 (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.— 15 (a) A child may be placed in emergency confinement if all 16 of the following conditions are met: 17 1. A nonphysical intervention with the child would not be 18 effective in preventing harm or danger to the child or others. 19 2. There is imminent risk of the child physically harming 20 himself or herself, staff, or others or the child is engaged in 21 major property destruction that is likely to compromise the 22 security of the program or jeopardize the safety of the child or 23 others. 24 3. All less-restrictive means have been exhausted. 25 (b) Facility staff shall document the placement of a child 26 in emergency confinement. The documentation must include 27 justification for the placement of a child in emergency 28 confinement, in addition to a description of the less 29 restrictive options that the facility staff exercised before the 30 child was so placed. 31 (c) A mental health clinician shall evaluate a child who is 32 placed in emergency confinement within 1 hour after such 33 placement to ensure that the confinement is not detrimental to 34 the mental or physical health of the child. Following the 35 initial evaluation, a mental health clinician shall conduct a 36 face-to-face evaluation of the child every 2 hours thereafter to 37 determine whether the child should remain in emergency 38 confinement. The mental health clinician shall document each 39 evaluation and provide justification for continued placement in 40 emergency confinement. 41 (d) A child may not be placed in emergency confinement for 42 more than 24 hours unless an extension is sought and obtained by 43 a mental health clinician. 44 1. If a mental health clinician determines that release of 45 the child would imminently threaten the safety of the child or 46 others, the mental health clinician may grant a one-time 47 extension of 24 hours for continued placement in emergency 48 confinement. 49 2. If, at the conclusion of the 48-hour window, a mental 50 health clinician determines that it is not safe for the child to 51 be released from emergency confinement, the facility staff must 52 prepare to transfer the child to a facility that is able to 53 provide specialized treatment to address the child’s needs. 54 (e) A child who is placed in emergency confinement must be 55 provided access to the same meals and drinking water, clothing, 56 medical treatment, contact with parents and legal guardians, and 57 legal assistance as provided to children in the facility. 58 (f) The use of emergency confinement is strictly prohibited 59 for the purposes of punishment or discipline. 60 (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.— 61 (a) A child may be placed in medical confinement if all of 62 the following conditions are met: 63 1. Isolation from staff and other children in the facility 64 is required to allow the child to rest and recover from illness 65 or to prevent the spread of a communicable illness. 66 2. A medical professional deems such placement necessary. 67 3. The use of other less-restrictive means would not be 68 sufficient to allow the child to recover from illness or to 69 prevent the spread of a communicable illness. 70 (b) A child may be placed in medical confinement for a 71 period of time not to exceed the time that is necessary for the 72 child to recover from his or her illness or to prevent the 73 spread of a communicable illness to other children or staff in 74 the facility. 75 (c) Facility staff shall document the placement of a child 76 in medical confinement. The documentation must include a medical 77 professional’s justification for the placement. 78 (d) A medical professional must conduct a face-to-face 79 evaluation of a child who is held in medical confinement at 80 least once every 12 hours to determine whether the child should 81 remain in medical confinement. The medical professional shall 82 document each evaluation and provide justification for continued 83 placement in medical confinement. 84 (e) The use of medical confinement is strictly prohibited 85 for the purposes of punishment or discipline. 86 (5) IMPLEMENTATION.— 87 (a) The department and the board of county commissioners of 88 each county that administers a detention facility shall review 89 their policies and procedures relating to disciplinary treatment 90 to determine whether their policies and procedures comply with 91 this section. 92 (b) The department and the board of county commissioners of 93 each county that administers a detention facility shall certify 94 compliance with this section in a report that the department and 95 the board shall submit to the Governor, the President of the 96 Senate, and the Speaker of the House of Representatives by 97 January 1, 2020. 98 (c) This section does not supersede any law providing 99 greater or additional protections to a child in this state. 100 Section 4. Section 985.4415, Florida Statutes, is created 101 to read: 102 985.4415 Solitary confinement in residential facilities.— 103 (1) DEFINITIONS.—As used in this section, the term: 104 (a) “Child” means a person within the custody of the 105 department who is under the age of 19 years. 106 (b) “Emergency confinement” means a type of solitary 107 confinement that involves the involuntary placement of a child 108 in an isolated room to separate that child from other children 109 in the facility and to remove him or her from a situation in 110 which he or she presents an immediate and serious danger to the 111 security or safety of himself or herself or others. 112 (c) “Medical confinement” means a type of solitary 113 confinement that involves the involuntary placement of a child 114 in an isolated room to separate that child from the other 115 children in the facility and to allow him or her to recover from 116 illness or to prevent the spread of a communicable illness. 117 (d) “Mental health clinician” means a licensed 118 psychiatrist,