Bill Text: FL S0624 | 2019 | Regular Session | Comm Sub
Bill Title: Youth in Solitary Confinement
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations [S0624 Detail]
Download: Florida-2019-S0624-Comm_Sub.html
Florida Senate - 2019 CS for SB 624 By the Committee on Criminal Justice; and Senator Montford 591-02643-19 2019624c1 1 A bill to be entitled 2 An act relating to youth in solitary confinement; 3 creating s. 945.425, F.S.; defining terms; prohibiting 4 the Department of Corrections from placing a youth in 5 solitary confinement except under certain 6 circumstances; authorizing a youth to be placed in 7 emergency confinement if certain conditions are met; 8 requiring facility staff to document such placement; 9 requiring that, within a specified timeframe and at 10 specified intervals, a mental health clinician conduct 11 certain evaluations of a youth who is in emergency 12 confinement; limiting the allowable length of time for 13 emergency confinement; requiring specific treatment 14 for a youth who is in emergency confinement; 15 prohibiting the use of emergency confinement for 16 certain purposes; authorizing a youth to be placed in 17 medical confinement under certain circumstances; 18 limiting the allowable length of time for medical 19 confinement; requiring facility staff to document such 20 confinement; requiring that, within a specified 21 timeframe and at specified intervals, a medical 22 professional conduct certain evaluations of a youth 23 who is in medical confinement; prohibiting the use of 24 medical confinement for certain purposes; requiring 25 the department to review its policies and procedures 26 relating to youth in confinement; requiring the 27 department to certify compliance in a report to the 28 Governor and Legislature by a specified date; 29 requiring the department to adopt policies and 30 procedures; providing applicability; amending s. 31 951.23, F.S.; requiring sheriffs and chief 32 correctional officers to adopt model standards 33 relating to youth; creating s. 985.28, F.S.; defining 34 terms; prohibiting the Department of Juvenile Justice 35 from placing a child in solitary confinement except 36 under certain circumstances; authorizing a child to be 37 placed in emergency confinement if certain conditions 38 are met; requiring facility staff to document such 39 placement; requiring that, within a specified 40 timeframe and at specified intervals, a mental health 41 clinician conduct certain evaluations of a child who 42 is in emergency confinement; limiting the allowable 43 length of time for the use of emergency confinement; 44 requiring specific treatment for a child who is in 45 emergency confinement; prohibiting the use of 46 emergency confinement for certain purposes; 47 authorizing a youth to be placed in medical 48 confinement under certain circumstances; limiting the 49 allowable length of time for medical confinement; 50 requiring facility staff to document such placement; 51 requiring that, within a specified timeframe and at 52 specified intervals, a medical professional conduct 53 certain evaluations of a child who is in medical 54 confinement; prohibiting the use of medical 55 confinement for certain purposes; requiring the 56 department and the board of county commissioners of 57 each county that administers a detention facility to 58 review policies and procedures relating to 59 disciplinary treatment; requiring the department and 60 the board of county commissioners of each county that 61 administers a detention facility to certify compliance 62 in a report to the Governor and Legislature by a 63 specified date; providing applicability; creating s. 64 985.4415, F.S.; defining terms; prohibiting facility 65 staff from placing a child in solitary confinement, 66 except under certain circumstances; authorizing a 67 child to be placed in emergency confinement if certain 68 conditions are met; requiring facility staff to 69 document such placement; requiring that, within a 70 specified timeframe and at specified intervals, a 71 mental health clinician conduct certain evaluations of 72 a child who is in emergency confinement; limiting the 73 allowable length of time for emergency confinement; 74 requiring specific treatment for a child who is in 75 emergency confinement; prohibiting the use of 76 emergency confinement for certain purposes; 77 authorizing a youth to be placed in medical 78 confinement under certain circumstances; limiting the 79 allowable length of time for medical confinement; 80 requiring facility staff to document such placement; 81 requiring that, within a specified timeframe and at 82 specified intervals, a medical professional conduct 83 certain evaluations of a child who is in medical 84 confinement; prohibiting the use of medical 85 confinement for certain purposes; requiring the 86 department to review policies and procedures relating 87 to disciplinary treatment; requiring the department to 88 certify compliance in a report to the Governor and 89 Legislature by a specified date; providing 90 applicability; amending s. 944.09, F.S.; authorizing 91 the Department of Corrections to adopt rules; amending 92 s. 985.601, F.S.; requiring the Department of Juvenile 93 Justice to adopt rules; reenacting s. 944.279(1), 94 F.S., relating to disciplinary procedures applicable 95 to a prisoner for filing frivolous or malicious 96 actions or bringing false information before a court, 97 to incorporate the amendment made to s. 944.09, F.S., 98 in a reference thereto; providing an effective date. 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102 Section 1. Section 945.425, Florida Statutes, is created to 103 read: 104 945.425 Youth in confinement.— 105 (1) DEFINITIONS.—As used in this section, the term: 106 (a) “Emergency confinement” means a type of confinement 107 that involves the involuntary placement of a youth in an 108 isolated room to separate that youth from the general inmate 109 population and to remove him or her from a situation in which he 110 or she presents an immediate and serious danger to the security 111 or safety of himself or herself or others. 112 (b) “Medical confinement” means a type of confinement that 113 involves the involuntary placement of a youth in an isolated 114 room to separate that youth from the general inmate population 115 to allow him or her to recover from an illness or to prevent the 116 spread of a communicable illness. 117 (c) “Mental health clinician” means a licensed 118 psychiatrist, psychologist, social worker, mental health 119 counselor, nurse practitioner, or physician assistant. 120 (d) “Solitary confinement” means the involuntary placement 121 of a youth in an isolated room to separate that youth from the 122 general inmate population for any period of time. 123 (e) “Youth” means a person within the custody of the 124 department who is under the age of 19 years. 125 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A youth 126 may not be placed in solitary confinement, except as provided in 127 this section. 128 (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.— 129 (a) A youth may be placed in emergency confinement if all 130 of the following conditions are met: 131 1. A nonphysical intervention with the youth would not be 132 effective in preventing harm or danger to the youth or others. 133 2. There is imminent risk of the youth physically harming 134 himself or herself, staff, or others or the youth is engaged in 135 major property destruction that is likely to compromise the 136 security of the program or jeopardize the safety of the youth or 137 others. 138 3. All less-restrictive means have been exhausted. 139 (b) Facility staff shall document the placement of a youth 140 in emergency confinement. The documentation must include 141 justification for the placement, in addition to a description of 142 the less-restrictive options that the facility staff exercised 143 before the youth was so placed. 144 (c) A mental health clinician shall evaluate a youth who is 145 placed in emergency confinement within 1 hour after such 146 placement to ensure that the confinement is not detrimental to 147 the mental or physical health of the youth. Following the 148 initial evaluation, a mental health clinician shall conduct a 149 face-to-face evaluation of the youth every 2 hours thereafter to 150 determine whether the youth should remain in emergency 151 confinement. The mental health clinician shall document each 152 evaluation and provide justification for continued placement in 153 emergency confinement. 154 (d) A youth may not be placed in emergency confinement for 155 more than 24 hours unless an extension is sought and obtained by 156 a mental health clinician. 157 1. If a mental health clinician determines that release of 158 the youth would imminently threaten the safety of the youth or 159 others, the mental health clinician may grant a one-time 160 extension of 24 hours for continued placement in emergency 161 confinement. 162 2. If, at the conclusion of the 48-hour window, a mental 163 health clinician determines that it is not safe for the youth to 164 be released from emergency confinement, the facility staff must 165 prepare to transfer the youth to a facility that is able to 166 provide specialized treatment to address the youth’s needs. 167 (e) A youth who is placed in emergency confinement must be 168 provided access to the same meals and drinking water, clothing, 169 medical treatment, contact with parents and legal guardians, and 170 legal assistance as provided to youth in the general inmate 171 population. 172 (f) The use of emergency confinement is strictly prohibited 173 for the purposes of punishment or discipline. 174 (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.— 175 (a) A youth may be placed in medical confinement if all of 176 the following conditions are met: 177 1. Isolation from the general inmate population and staff 178 is required to allow the youth to rest and recover from illness 179 or to prevent the spread of a communicable illness. 180 2. A medical professional deems such placement necessary. 181 3. The use of other less-restrictive means would not be 182 sufficient to allow the youth to recover from illness or to 183 prevent the spread of a communicable illness. 184 (b) A youth may be placed in medical confinement for a 185 period of time not to exceed the time that is necessary for the 186 youth to recover from his or her illness or to prevent the 187 spread of a communicable illness to other inmates or staff in 188 the facility. 189 (c) Facility staff shall document the placement of a youth 190 in medical confinement. The documentation must include a medical 191 professional’s justification for the placement. 192 (d) A medical professional must evaluate a youth who is 193 held in medical confinement face-to-face at least once every 12 194 hours to determine whether the youth should remain in medical 195 confinement. The medical professional shall document each 196 evaluation and provide justification for continued placement in 197 medical confinement. 198 (e) The use of medical confinement is strictly prohibited 199 for the purposes of punishment or discipline. 200 (5) IMPLEMENTATION.— 201 (a) The department shall review its policies and procedures 202 relating to youth in confinement to determine whether its 203 policies and procedures comply with this section. 204 (b) The department shall certify compliance with this 205 section in a report that the department shall submit to the 206 Governor, the President of the Senate, and the Speaker of the 207 House of Representatives by January 1, 2020. 208 (c) The department shall adopt policies and procedures 209 necessary to administer this section. 210 (d) This section does not supersede any law providing 211 greater or additional protections to a youth in this state. 212 Section 2. Paragraph (a) of subsection (4) of section 213 951.23, Florida Statutes, is amended to read: 214 951.23 County and municipal detention facilities; 215 definitions; administration; standards and requirements.— 216 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 217 OFFICERS.— 218 (a)Thereshall beestablishedA five-member working group 219 is established which consistsconsistingof three persons 220 appointed by the Florida Sheriffs Association and two persons 221 appointed by the Florida Association of Counties to develop 222 model standards for county and municipal detention facilities. 223 At a minimumBy October 1, 1996, each sheriff and chief 224 correctional officer shall adopt, at a minimum,the model 225 standards with reference to: 226 1.a. The construction, equipping, maintenance, and 227 operation of county and municipal detention facilities. 228 b. The cleanliness and sanitation of county and municipal 229 detention facilities; the number of county and municipal 230 prisoners who may be housed therein per specified unit of floor 231 space; the quality, quantity, and supply of bedding furnished to 232 such prisoners; the quality, quantity, and diversity of food 233 served to them and the manner in which it is served; the 234 furnishing to them of medical attention and health and comfort 235 items; and the disciplinary treatment thatwhichmay be meted 236 out to them. 237 238 Notwithstanding the provisions of the otherwise applicable 239 building code, a reduced custody housing area may be occupied by 240 inmates or may be used for sleeping purposes as allowed in 241 subsection (7). The sheriff or chief correctional officer shall 242 provide that a reduced custody housing area shall be governed by 243 fire and life safety standards which do not interfere with the 244 normal use of the facility and which affect a reasonable degree 245 of compliance with rules of the State Fire Marshal for 246 correctional facilities. 247 2. The confinement of prisoners by classification and 248 providing, whenever possible, for classifications thatwhich249 separate males from females, juveniles from adults, felons from 250 misdemeanants, and those awaiting trial from those convicted 251 and, in addition, providing for the separation of special risk 252 prisoners, such as the mentally ill, alcohol or narcotic 253 addicts, sex deviates, suicide risks, and any other 254 classification which the local unit may deem necessary for the 255 safety of the prisoners and the operation of the facility 256 pursuant to degree of risk and danger criteria. Nondangerous 257 felons may be housed with misdemeanants. 258 3. The confinement of prisoners by classification on the 259 basis of age and a strict prohibition on the use of solitary 260 confinement for prisoners under the age of 19 years, in 261 compliance with s. 945.425. 262 Section 3. Section 985.28, Florida Statutes, is created to 263 read: 264 985.28 Confinement in detention facilities.— 265 (1) DEFINITIONS.—As used in this section, the term: 266 (a) “Child” means a person who is in the custody of the 267 department and who is under the age of 19 years. 268 (b) “Emergency confinement” means a type of confinement 269 that involves the involuntary placement of a child in an 270 isolated room to separate that child from other children in the 271 facility and to remove him or her from a situation in which he 272 or she presents an immediate and serious danger to the security 273 or safety of himself or herself or others. 274 (c) “Medical confinement” means a type of confinement that 275 involves the involuntary placement of a child in an isolated 276 room to separate that child from other children in the facility 277 to allow the child to recover from illness or to prevent the 278 spread of a communicable illness. 279 (d) “Mental health clinician” means a licensed 280 psychiatrist, psychologist, social worker, mental health 281 counselor, nurse practitioner, or physician assistant. 282 (e) “Solitary confinement” means the involuntary placement 283 of a child in an isolated room to separate that child from other 284 children in the facility for any period of time. 285 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child 286 may not be placed in solitary confinement, except as provided in 287 this section. 288 (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.— 289 (a) A child may be placed in emergency confinement if all 290 of the following conditions are met: 291 1. A nonphysical intervention with the child would not be 292 effective in preventing harm or danger to the child or others. 293 2. There is imminent risk of the child physically harming 294 himself or herself, staff, or others or the child is engaged in 295 major property destruction that is likely to compromise the 296 security of the program or jeopardize the safety of the child or 297 others. 298 3. All less-restrictive means have been exhausted. 299 (b) Facility staff shall document the placement of a child 300 in emergency confinement. The documentation must include 301 justification for the placement of a child in emergency 302 confinement, in addition to a description of the less 303 restrictive options that the facility staff exercised before the 304 child was so placed. 305 (c) A mental health clinician shall evaluate a child who is 306 placed in emergency confinement within 1 hour after such 307 placement to ensure that the confinement is not detrimental to 308 the mental or physical health of the child. Following the 309 initial evaluation, a mental health clinician shall conduct a 310 face-to-face evaluation of the child every 2 hours thereafter to 311 determine whether the child should remain in emergency 312 confinement. The mental health clinician shall document each 313 evaluation and provide justification for continued placement in 314 emergency confinement. 315 (d) A child may not be placed in emergency confinement for 316 more than 24 hours unless an extension is sought and obtained by 317 a mental health clinician. 318 1. If a mental health clinician determines that release of 319 the child would imminently threaten the safety of the child or 320 others, the mental health clinician may grant a one-time 321 extension of 24 hours for continued placement in emergency 322 confinement. 323 2. If, at the conclusion of the 48-hour window, a mental 324 health clinician determines that it is not safe for the child to 325 be released from emergency confinement, the facility staff must 326 prepare to transfer the child to a facility that is able to 327 provide specialized treatment to address the child’s needs. 328 (e) A child who is placed in emergency confinement must be 329 provided access to the same meals and drinking water, clothing, 330 medical treatment, contact with parents and legal guardians, and 331 legal assistance as provided to children in the facility. 332 (f) The use of emergency confinement is strictly prohibited 333 for the purposes of punishment or discipline. 334 (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.— 335 (a) A child may be placed in medical confinement if all of 336 the following conditions are met: 337 1. Isolation from staff and other children in the facility 338 is required to allow the child to rest and recover from illness 339 or to prevent the spread of a communicable illness. 340 2. A medical professional deems such placement necessary. 341 3. The use of other less-restrictive means would not be 342 sufficient to allow the child to recover from illness or to 343 prevent the spread of a communicable illness. 344 (b) A child may be placed in medical confinement for a 345 period of time not to exceed the time that is necessary for the 346 child to recover from his or her illness or to prevent the 347 spread of a communicable illness to other children or staff in 348 the facility. 349 (c) Facility staff shall document the placement of a child 350 in medical confinement. The documentation must include a medical 351 professional’s justification for the placement. 352 (d) A medical professional must conduct a face-to-face 353 evaluation of a child who is held in medical confinement at 354 least once every 12 hours to determine whether the child should 355 remain in medical confinement. The medical professional shall 356 document each evaluation and provide justification for continued 357 placement in medical confinement. 358 (e) The use of medical confinement is strictly prohibited 359 for the purposes of punishment or discipline. 360 (5) IMPLEMENTATION.— 361 (a) The department and the board of county commissioners of 362 each county that administers a detention facility shall review 363 their policies and procedures relating to disciplinary treatment 364 to determine whether their policies and procedures comply with 365 this section. 366 (b) The department and the board of county commissioners of 367 each county that administers a detention facility shall certify 368 compliance with this section in a report that the department and 369 the board shall submit to the Governor, the President of the 370 Senate, and the Speaker of the House of Representatives by 371 January 1, 2020. 372 (c) This section does not supersede any law providing 373 greater or additional protections to a child in this state. 374 Section 4. Section 985.4415, Florida Statutes, is created 375 to read: 376 985.4415 Confinement in residential facilities.— 377 (1) DEFINITIONS.—As used in this section, the term: 378 (a) “Child” means a person within the custody of the 379 department who is under the age of 19 years. 380 (b) “Emergency confinement” means a type of confinement 381 that involves the involuntary placement of a child in an 382 isolated room to separate that child from other children in the 383 facility and to remove him or her from a situation in which he 384 or she presents an immediate and serious danger to the security 385 or safety of himself or herself or others. 386 (c) “Medical confinement” means a type of confinement that 387 involves the involuntary placement of a child in an isolated 388 room to separate that child from the other children in the 389 facility and to allow him or her to recover from illness or to 390 prevent the spread of a communicable illness. 391 (d) “Mental health clinician” means a licensed 392 psychiatrist, psychologist, social worker, mental health 393 counselor, nurse practitioner, or physician assistant. 394 (e) “Solitary confinement” means the involuntary placement 395 of a child in an isolated room to separate that child from the 396 other children in the facility for any period of time. 397 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child 398 may not be placed in solitary confinement, except as provided in 399 this section. 400 (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.— 401 (a) A child may be placed in emergency confinement if all 402 of the following conditions are met: 403 1. A nonphysical intervention with the child would not be 404 effective in preventing harm or danger to the child or others. 405 2. There is imminent risk of the child physically harming 406 himself or herself, staff, or others or the child is engaged in 407 major property destruction that is likely to compromise the 408 security of the program or jeopardize the safety of the child or 409 others. 410 3. All less-restrictive means have been exhausted. 411 (b) Facility staff shall document the placement of a child 412 in emergency confinement. The documentation must include 413 justification for the placement of a child in emergency 414 confinement, in addition to a description of the other less 415 restrictive options that the facility staff exercised before the 416 child was so placed. 417 (c) A mental health clinician shall evaluate a child who is 418 placed in emergency confinement within 1 hour after such 419 placement to ensure that the confinement is not detrimental to 420 the mental or physical health of the child. Following the 421 initial evaluation, a mental health clinician shall conduct a 422 face-to-face evaluation of the child every 2 hours thereafter to 423 determine whether the child should remain in emergency 424 confinement. The mental health clinician shall document each 425 evaluation and provide justification for continued placement in 426 emergency confinement. 427 (d) A child may not be placed in emergency confinement for 428 more than 24 hours unless an extension is sought and obtained by 429 a mental health clinician. 430 1. If a mental health clinician determines that release of 431 the child would imminently threaten the safety of the child or 432 others, the mental health clinician may grant a one-time 433 extension of 24 hours for continued placement in emergency 434 confinement. 435 2. If at the conclusion of the 48-hour window a mental 436 health clinician determines that it is not safe for the child to 437 be released from emergency confinement, the facility staff must 438 prepare to transfer the child to a facility that is able to 439 provide specialized treatment to address the child’s needs. 440 (e) A child who is placed in emergency confinement must be 441 provided access to the same meals and drinking water, clothing, 442 medical treatment, contact with parents and legal guardians, and 443 legal assistance as provided to children in the facility. 444 (f) The use of emergency confinement is strictly prohibited 445 for the purposes of punishment or discipline. 446 (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.— 447 (a) A child may be placed in medical confinement if all of 448 the following conditions are met: 449 1. Isolation from other children and staff in the facility 450 is required to allow a child to rest and recover from illness or 451 to prevent the spread of a communicable illness. 452 2. A medical professional deems such placement necessary. 453 3. The use of other less-restrictive means would not be 454 sufficient to allow the child to recover from illness or to 455 prevent the spread of a communicable illness. 456 (b) A child may be placed in medical confinement for a 457 period of time not to exceed the time that is necessary for the 458 child to recover from his or her illness or to prevent the 459 spread of a communicable illness to other children or staff in 460 the facility. 461 (c) Facility staff shall document the placement of a child 462 in medical confinement. The documentation must include a medical 463 professional’s justification for the placement. 464 (d) A medical professional must conduct a face-to-face 465 evaluation of a child who is held in medical confinement at 466 least once every 12 hours to determine whether the child should 467 remain in medical confinement. The medical professional shall 468 document each evaluation and provide justification for continued 469 placement in medical confinement. 470 (e) The use of medical confinement is strictly prohibited 471 for the purposes of punishment or discipline. 472 (5) IMPLEMENTATION.— 473 (a) The department shall review its policies and procedures 474 relating to disciplinary treatment in residential facilities to 475 determine whether its policies and procedures comply with this 476 section. 477 (b) The department shall certify compliance with this 478 section in a report that the department shall submit to the 479 Governor, the President of the Senate, and the Speaker of the 480 House of Representatives by January 1, 2020. 481 (c) This section does not supersede any law providing 482 greater or additional protections to a child in this state. 483 Section 5. Paragraph (s) is added to subsection (1) of 484 section 944.09, Florida Statutes, to read: 485 944.09 Rules of the department; offenders, probationers, 486 and parolees.— 487 (1) The department has authority to adopt rules pursuant to 488 ss. 120.536(1) and 120.54 to implement its statutory authority. 489 The rules must include rules relating to: 490 (s) Youth in confinement in compliance with s. 945.425. 491 Section 6. Paragraph (b) of subsection (9) of section 492 985.601, Florida Statutes, is amended to read: 493 985.601 Administering the juvenile justice continuum.— 494 (9)(b) The department shall adopt rules prescribing 495 standards and requirements with reference to: 496 1. The construction, equipping, maintenance, staffing, 497 programming, and operation of detention facilities; 498 2. The treatment, training, and education of children 499 confined in detention facilities; 500 3. The cleanliness and sanitation of detention facilities; 501 4. The number of children who may be housed in detention 502 facilities per specified unit of floor space; 503 5. The quality, quantity, and supply of bedding furnished 504 to children housed in detention facilities; 505 6. The quality, quantity, and diversity of food served in 506 detention facilities and the manner in which it is served; 507 7. The furnishing of medical attention and health and 508 comfort items in detention facilities;and509 8. The disciplinary treatment administered in detention and 510 residential facilities; and.511 9. The strict prohibition on the use of solitary 512 confinement on children under the age of 19 years in compliance 513 with ss. 985.28 and 985.4415. 514 Section 7. For the purpose of incorporating the amendment 515 made by this act to section 944.09, Florida Statutes, in a 516 reference thereto, subsection (1) of section 944.279, Florida 517 Statutes, is reenacted to read: 518 944.279 Disciplinary procedures applicable to prisoner for 519 filing frivolous or malicious actions or bringing false 520 information before court.— 521 (1) At any time, and upon its own motion or on motion of a 522 party, a court may conduct an inquiry into whether any action or 523 appeal brought by a prisoner was brought in good faith. A 524 prisoner who is found by a court to have brought a frivolous or 525 malicious suit, action, claim, proceeding, or appeal in any 526 court of this state or in any federal court, which is filed 527 after June 30, 1996, or to have brought a frivolous or malicious 528 collateral criminal proceeding, which is filed after September 529 30, 2004, or who knowingly or with reckless disregard for the 530 truth brought false information or evidence before the court, is 531 subject to disciplinary procedures pursuant to the rules of the 532 Department of Corrections. The court shall issue a written 533 finding and direct that a certified copy be forwarded to the 534 appropriate institution or facility for disciplinary procedures 535 pursuant to the rules of the department as provided in s. 536 944.09. 537 Section 8. This act shall take effect July 1, 2019.