Florida Senate - 2022                                    SB 1934
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00287-22                                           20221934__
    1                        A bill to be entitled                      
    2         An act relating to the solitary confinement of
    3         incarcerated youths; creating s. 958.155, F.S.;
    4         providing a short title; defining terms; prohibiting
    5         the Department of Corrections and local governmental
    6         bodies from placing incarcerated youths in solitary
    7         confinement, with specified exceptions; limiting the
    8         period of time for which incarcerated youths may be
    9         placed in disciplinary cell confinement; requiring
   10         staff, at specified intervals, to perform visual
   11         checks of incarcerated youths who are placed in
   12         disciplinary cell confinement; requiring that each
   13         visual check be documented; requiring that
   14         incarcerated youth placed in disciplinary cell
   15         confinement be provided services and other benefits
   16         that are made available to prisoners in the general
   17         population; authorizing the placement of incarcerated
   18         youths in emergency cell confinement when less
   19         restrictive options have been exhausted; limiting the
   20         period of time for which incarcerated youths may be
   21         placed in emergency cell confinement; requiring
   22         facility staff to document the placement of an
   23         incarcerated youth in emergency cell confinement;
   24         requiring that, within a specified time and at
   25         specified intervals, a mental health clinician perform
   26         a face-to-face evaluation of incarcerated youths who
   27         are placed in emergency cell confinement; requiring
   28         that each evaluation be documented; requiring facility
   29         staff, at specified intervals, to perform visual
   30         checks of incarcerated youths in emergency cell
   31         confinement; requiring that each visual check be
   32         documented; providing for creation of individualized
   33         suicide crisis intervention plans for certain
   34         incarcerated youths placed in emergency cell
   35         confinement; requiring that such incarcerated youths
   36         be transported to a mental health receiving facility
   37         if such youths’ suicide risk is not resolved within a
   38         certain timeframe; requiring that incarcerated youths
   39         placed in emergency cell confinement be provided
   40         services and other benefits that are made available to
   41         prisoners in the general population; requiring that
   42         restrictions imposed on incarcerated youths who are
   43         placed in protective custody be the least restrictive
   44         necessary to maintain the safety of such youths and
   45         others; requiring that such youths be provided
   46         services and other benefits that are made available to
   47         prisoners in the general population; requiring the
   48         department and the board of county commissioners of
   49         each county that administers a detention facility or
   50         jail to review their policies relating to the
   51         placement of incarcerated youths in solitary
   52         confinement to determine the efficacy of such policies
   53         and to adopt policies and procedures; requiring the
   54         department and such boards, by a specified date, to
   55         certify compliance with such requirements in a report
   56         to the Governor and the Legislature; providing
   57         construction; amending s. 944.09, F.S.; authorizing
   58         the department to adopt specified rules; amending s.
   59         951.23, F.S.; requiring sheriffs and chief
   60         correctional officers to adopt model standards
   61         relating to the confinement of incarcerated youths;
   62         reenacting s. 944.279(1), F.S., relating to
   63         disciplinary procedures applicable to a prisoner for
   64         filing frivolous or malicious actions or bringing
   65         false information before a court, to incorporate the
   66         amendment made to s. 944.09, F.S., in a reference
   67         thereto; providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 958.155, Florida Statutes, is created to
   72  read:
   73         958.155Solitary confinement of incarcerated youths.—
   74         (1) SHORT TITLE.—This section may be cited as the
   75  Incarcerated Youths in Solitary Confinement Reduction Act.”
   76         (2) DEFINITIONS.—As used in this section, the term:
   77         (a) “Disciplinary cell confinement” means the disciplinary
   78  sanction of confining an incarcerated youth in isolation in a
   79  cell for a specified period of time, which may be imposed if he
   80  or she commits a violation punishable by isolation.
   81         (b) “Emergency cell confinement” means the confinement of
   82  an incarcerated youth in isolation in a cell when he or she must
   83  be temporarily removed from the general population of prisoners
   84  because he or she presents an immediate, serious danger to the
   85  security or safety of himself or herself or others.
   86         (c) “Incarcerated youth” means a person who is incarcerated
   87  and who is younger than 18 years of age or is sentenced or
   88  classified as a youthful offender as provided in s. 958.03(5).
   89         (d) “Mental health clinician” means a psychiatrist,
   90  psychologist, social worker, or nurse practitioner.
   91         (e) “Prisoner” means a person incarcerated in a county or
   92  regional jail or in a department facility who is accused of,
   93  convicted of, or sentenced for a violation of criminal law or
   94  the terms and conditions of parole, probation, pretrial release,
   95  or a diversionary program.
   96         (f) “Protective custody” means isolation from the general
   97  population which is requested by an incarcerated youth to
   98  protect himself or herself from victimization by other prisoners
   99  in the facility.
  100         (g) “Solitary confinement” means involuntary confinement in
  101  a cell in isolation for more than 20 hours a day.
  102         (h) “Violation punishable by isolation” means:
  103         1. An act of violence which results in or is likely to
  104  result in serious injury or death to another;
  105         2. An act that occurs in connection with an act of
  106  nonconsensual sex;
  107         3. An act that consists of two or more discrete acts that
  108  cause serious disruption to the security or order of the
  109  detention center or facility operations; or
  110         4. An escape, an attempted escape, or a conspiracy to
  111  escape from within a security perimeter or from custody or both.
  112         (3)PROTECTING INCARCERATED YOUTHS FROM SOLITARY
  113  CONFINEMENT.—The department or a local governmental body in this
  114  state may not place an incarcerated youth who is held under its
  115  jurisdiction in solitary confinement, except as provided in this
  116  section. The use of disciplinary and emergency cell confinement
  117  of incarcerated youths is authorized only as provided in this
  118  section.
  119         (4) PROTECTING INCARCERATED YOUTHS HELD IN DISCIPLINARY
  120  CELL CONFINEMENT.—
  121         (a) An incarcerated youth may be placed in disciplinary
  122  cell confinement for a period not to exceed 72 hours.
  123         (b) During the time an incarcerated youth is placed in
  124  disciplinary cell confinement, the facility staff shall conduct
  125  visual checks at least four times an hour at intervals of 15
  126  minutes or less. During the time the youth is awake, the staff
  127  shall speak to the youth during the visual checks. After each
  128  visual check, the staff shall document the status of the youth.
  129         (c) An incarcerated youth who is placed in disciplinary
  130  cell confinement shall be provided:
  131         1. At least 2 hours daily of out-of-cell, large-muscle
  132  exercise that includes access to outdoor recreation when the
  133  weather allows;
  134         2. Daily showers; and
  135         3. Access to the same meals and drinking water, clothing,
  136  medical treatment, educational services, correspondence
  137  privileges, contact with parents and legal guardians, and legal
  138  assistance as is provided to prisoners in the general
  139  population.
  140         (5) PROTECTING INCARCERATED YOUTHS HELD IN EMERGENCY CELL
  141  CONFINEMENT.—
  142         (a) An incarcerated youth may be placed in emergency cell
  143  confinement for a period not to exceed 24 hours only when all
  144  less restrictive options have been exhausted.
  145         (b) Facility staff shall document the placement of an
  146  incarcerated youth in emergency cell confinement. Such
  147  documentation must include the justification for the placement
  148  and must specify the less restrictive options that were employed
  149  before the imposition of emergency cell confinement.
  150         (c) The period of time for which an incarcerated youth is
  151  placed in emergency cell confinement must be the shortest time
  152  required to address the safety risk and the youth may not be
  153  held in such confinement if a mental health clinician determines
  154  that the confinement is detrimental to the youth’s mental or
  155  physical health.
  156         (d) An incarcerated youth who is placed in emergency cell
  157  confinement must be evaluated face to face by a mental health
  158  clinician within 1 hour after placement and at least every 4
  159  hours thereafter to determine whether the youth should remain in
  160  emergency cell confinement. The mental health clinician shall
  161  document each evaluation and shall include the reason for
  162  continuing placement.
  163         (e) During the time an incarcerated youth is placed in
  164  emergency cell confinement, facility staff shall conduct visual
  165  checks at least four times an hour at intervals of 15 minutes or
  166  less. During the time a youth is awake, the staff shall speak to
  167  the youth during the visual checks. After each visual check, the
  168  staff shall document the status of the youth.
  169         (f) Within 4 hours after placing an incarcerated youth who
  170  has exhibited suicidal behavior or committed acts of self-harm
  171  in emergency cell confinement, a mental health clinician shall
  172  implement an individualized suicide crisis intervention plan for
  173  the incarcerated youth and closely monitor his or her condition
  174  to reduce or eliminate the risk of self-harm. If the youth’s
  175  suicide risk is not resolved within 24 hours, the youth must be
  176  moved to a mental health receiving facility.
  177         (g) An incarcerated youth who is placed in emergency cell
  178  confinement shall be provided:
  179         1. At least 1 hour daily of out-of-cell, large-muscle
  180  exercise that includes access to outdoor recreation when the
  181  weather allows; and
  182         2. Access to the same meals and drinking water, medical
  183  treatment, contact with parents and legal guardians, and legal
  184  assistance as provided to prisoners in the general population.
  185         (6)REDUCING ISOLATION FOR INCARCERATED YOUTHS WHO REQUIRE
  186  PROTECTIVE CUSTODY.—
  187         (a) For purposes of this subsection, protective custody
  188  includes the period of time during which an incarcerated youth’s
  189  request for protection is under review.
  190         (b)If an incarcerated youth is placed in protective
  191  custody, the restrictions imposed must be the least restrictive
  192  necessary to maintain the safety of the incarcerated youth and
  193  others in the facility. At a minimum, such incarcerated youth
  194  shall be provided:
  195         1.Educational and programming opportunities consistent
  196  with the his or her safety and security and any requirements of
  197  federal and state law;
  198         2. At least 5 hours daily of out-of-cell time, including a
  199  minimum of 2 hours daily of out-of-cell, large-muscle exercise
  200  that includes access to outdoor recreation when the weather
  201  allows;
  202         3.The same meals and drinking water, clothing, medical
  203  treatment, correspondence privileges, contact with parents and
  204  legal guardians, and legal assistance as is provided to
  205  prisoners in the general population;
  206         4.Access to personal property, including televisions and
  207  radios, and to books, magazines, and other printed materials;
  208         5.Daily showers;
  209         6.The law library; and
  210         7. The same number of visits and phone calls allowed to
  211  prisoners in the general population.
  212         (7) IMPLEMENTATION.—
  213         (a) The department and the board of county commissioners of
  214  each county that administers a detention facility or jail shall
  215  review their policies relating to the placement of incarcerated
  216  youths in solitary confinement or protective custody to
  217  determine their efficacy and shall adopt policies and procedures
  218  necessary to administer this section. By January 1, 2023, the
  219  department and each such board shall certify compliance with
  220  this section in a report submitted to the Governor, the
  221  President of the Senate, and the Speaker of the House of
  222  Representatives.
  223         (b) To the extent that this section conflicts with any
  224  other provision of state law relating to incarcerated youths,
  225  the provisions that afford the greater or additional protections
  226  to incarcerated youths in this state prevail.
  227         Section 2. Paragraph (s) is added to subsection (1) of
  228  section 944.09, Florida Statutes, to read:
  229         944.09 Rules of the department; offenders, probationers,
  230  and parolees.—
  231         (1) The department has authority to adopt rules pursuant to
  232  ss. 120.536(1) and 120.54 to implement its statutory authority.
  233  The rules must include rules relating to:
  234         (s) Disciplinary procedures and punishment for incarcerated
  235  youths in conformance with s. 958.155.
  236         Section 3. Paragraph (a) of subsection (4) of section
  237  951.23, Florida Statutes, is amended to read:
  238         951.23 County and municipal detention facilities;
  239  definitions; administration; standards and requirements.—
  240         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  241  OFFICERS.—
  242         (a) There shall be established A five-member working group
  243  consisting of three persons appointed by the Florida Sheriffs
  244  Association and two persons appointed by the Florida Association
  245  of Counties is established to develop model standards for county
  246  and municipal detention facilities. By October 1, 1996, Each
  247  sheriff and chief correctional officer shall adopt, at a
  248  minimum, the model standards with reference to:
  249         1.a. The construction, equipping, maintenance, and
  250  operation of county and municipal detention facilities.
  251         b. The cleanliness and sanitation of county and municipal
  252  detention facilities; the number of county and municipal
  253  prisoners who may be housed therein per specified unit of floor
  254  space; the quality, quantity, and supply of bedding furnished to
  255  such prisoners; the quality, quantity, and diversity of food
  256  served to them and the manner in which it is served; the
  257  furnishing to them of medical attention and health and comfort
  258  items; and the disciplinary treatment that which may be provided
  259  meted out to them.
  260  
  261  Notwithstanding the provisions of the otherwise applicable
  262  building code, a reduced custody housing area may be occupied by
  263  inmates or may be used for sleeping purposes as allowed in
  264  subsection (7). The sheriff or chief correctional officer shall
  265  provide that a reduced custody housing area shall be governed by
  266  fire and life safety standards that which do not interfere with
  267  the normal use of the facility and that which affect a
  268  reasonable degree of compliance with rules of the State Fire
  269  Marshal for correctional facilities.
  270         2. The confinement of prisoners by classification and
  271  providing, whenever possible, for classifications that which
  272  separate males from females, juveniles from adults, felons from
  273  misdemeanants, and those awaiting trial from those convicted
  274  and, in addition, providing for the separation of special risk
  275  prisoners, such as the mentally ill, alcohol or narcotic
  276  addicts, sex deviates, suicide risks, and any other
  277  classification that which the local unit may deem necessary for
  278  the safety of the prisoners and the operation of the facility
  279  pursuant to degree of risk and danger criteria. Nondangerous
  280  felons may be housed with misdemeanants.
  281         3. The confinement of prisoners by classification and
  282  providing for classifications that comply with s. 958.155.
  283         Section 4. For the purpose of incorporating the amendment
  284  made by this act to section 944.09, Florida Statutes, in a
  285  reference thereto, subsection (1) of section 944.279, Florida
  286  Statutes, is reenacted to read:
  287         944.279 Disciplinary procedures applicable to prisoner for
  288  filing frivolous or malicious actions or bringing false
  289  information before court.—
  290         (1) At any time, and upon its own motion or on motion of a
  291  party, a court may conduct an inquiry into whether any action or
  292  appeal brought by a prisoner was brought in good faith. A
  293  prisoner who is found by a court to have brought a frivolous or
  294  malicious suit, action, claim, proceeding, or appeal in any
  295  court of this state or in any federal court, which is filed
  296  after June 30, 1996, or to have brought a frivolous or malicious
  297  collateral criminal proceeding, which is filed after September
  298  30, 2004, or who knowingly or with reckless disregard for the
  299  truth brought false information or evidence before the court, is
  300  subject to disciplinary procedures pursuant to the rules of the
  301  Department of Corrections. The court shall issue a written
  302  finding and direct that a certified copy be forwarded to the
  303  appropriate institution or facility for disciplinary procedures
  304  pursuant to the rules of the department as provided in s.
  305  944.09.
  306         Section 5. This act shall take effect July 1, 2022.