Florida Senate - 2025 SB 1758 By Senator Osgood 32-01501-25 20251758__ 1 A bill to be entitled 2 An act relating to restrictive housing in prisons; 3 creating s. 944.022, F.S.; defining terms; requiring 4 the Office of Program Policy Analysis and Government 5 Accountability to conduct a specified annual study; 6 requiring the office to report the findings of the 7 annual study to the Governor and the Legislature; 8 specifying requirements for the study; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 944.022, Florida Statutes, is created to 14 read: 15 944.022 Study on the use of restrictive housing.— 16 (1) As used in this section, the term: 17 (a) “Administrative confinement” means a temporary removal 18 of a prisoner from the general prison population to maintain 19 safety and security until prison officials can arrange a more 20 permanent housing placement. While administrative confinement 21 typically lasts no longer than 90 days, the department may hold 22 a prisoner for a longer period. 23 (b) “Close Management” means an indefinite housing 24 assignment for prisoners who have shown that they are unable to 25 live in the general population without abusing the rights and 26 privileges of others. Close Management I is the most 27 restrictive, with conditions becoming progressively less 28 restrictive from Close Management II to Close Management III. 29 (c) “Disciplinary confinement” means a temporary form of 30 solitary confinement for prisoners who have violated department 31 rules. Depending on the severity of the misconduct, prisoners 32 may be confined to a cell for 30 to 60 days. If multiple 33 disciplinary charges are issued, confinement may extend beyond 34 60 days. 35 (d) “Maximum Management” means the most extreme form of 36 solitary confinement used by the department, in which prisoners 37 are held in single-person isolation cells or confined within a 38 cage inside the cell, with no natural light. This term includes 39 severely limited out-of-cell time, a ban on telephone calls and 40 personal visits, and reading materials restricted to religious 41 texts. This level of confinement is reserved for individuals 42 deemed an extreme security risk. 43 (e) “Restrictive housing” or “solitary confinement” means 44 confinement to one’s cell for 22 to 24 hours per day with 45 extremely limited and rare contact with other people. 46 (2) The Office of Program Policy Analysis and Government 47 Accountability shall conduct an annual study on the use of 48 restrictive housing for all prisoners in the state correctional 49 system. The restrictive housing placements to be studied 50 include, but are not limited to, maximum management; 51 disciplinary confinement; Close Management I, II, and III; and 52 administrative confinement pursuant to rule 33-602.220, Florida 53 Administrative Code. These types of restrictive housing are 54 generally referred to as solitary confinement. The study must 55 include prisoners placed in both single and double cells. The 56 Office of Program Policy Analysis and Government Accountability 57 shall report the findings of the annual study to the Governor, 58 the President of the Senate, and the Speaker of the House of 59 Representatives. 60 (3) The study must include all of the following 61 information, disaggregated by age group, correctional facility, 62 and type of restrictive housing, as well as aggregated for 63 department facilities: 64 (a) The total number of prisoners placed in restrictive 65 housing, including the monthly placements at each facility, 66 categorized by type of restrictive housing. 67 (b) The duration of each placement, including the total and 68 consecutive days spent in restrictive housing and in each 69 specific type of restrictive housing. 70 (c) The reasons for placement in restrictive housing. 71 (d) The frequency with which each prisoner is placed in 72 restrictive housing during the year. 73 (e) For each prisoner placed in restrictive housing, the 74 person’s gender, race, ethnicity, weight, age, and any 75 disability, as defined by the Americans with Disabilities Act 76 (ADA). 77 (f) An assessment of whether alternative strategies or 78 mental health interventions were attempted before the use of 79 restrictive housing, including the frequency of security checks 80 and medical checks, and any property, such as a mattress, 81 sheets, clothing, or personal items, restricted or removed, 82 including the reason, duration, and type of property removed. 83 (g) The number of ADA accommodation requests and approvals 84 and whether the prisoner has an individualized education plan. 85 (h) An evaluation of facility conditions, including air 86 conditioning, access to legal telephone calls, reading 87 materials, nutrition, clothing, medical care, showers, hygiene 88 supplies, and the size of restrictive housing cells. 89 (i) An analysis of the impact of restrictive housing on 90 mental health, including changes in the severity of mental 91 illness before, during, and after placement; placements in self 92 harm observation status; instances of self-injurious behavior, 93 including self-mutilation; inpatient mental health treatment 94 placements, such as crisis stabilization units and transitional 95 care units; suicide attempts and suicides in restrictive 96 housing; incidents of self-harm and suicide attempts before 97 placement; and psychological autopsies of individuals previously 98 placed in restrictive housing. 99 (j) Economic data comparing the average yearly cost of 100 housing prisoners in Maximum Management, disciplinary 101 confinement, close management, and administrative confinement 102 versus the cost of housing them in the general population, 103 including an overall cost comparison and the methodology used 104 for cost calculations. 105 (k) A determination of whether restrictive housing is more 106 or less expensive than housing in the general population. 107 (l) An assessment of whether the 3-year recidivism rate 108 differs between persons who experienced restrictive housing and 109 persons who did not. 110 Section 2. This act shall take effect July 1, 2025.