HB 765 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to youth in solitary confinement; 2
creating s. 958.155, F.S.; providing a short title; 3
providing definitions; prohibiting the Department of 4
Corrections or a local governmental body from 5
subjecting youth prisoners to solitary confinement 6
except under certain circumstances; limiting cell 7
confinement of all youth prisoners; providing for the 8
protection of youth prisoners held in emergency cell 9
confinement; prohibiting youth prisoners from being 10
subjected to emergency cell confinement for longer 11
than a certain duration; prohibiting youth prisoners 12
from being subjected to emergency cell confinement 13
under certain circumstances; requiring facility staff 14
to document placements of youth prisoners in emergency 15
cell confinement; requiring that within a s pecified 16
time and at specified intervals a mental health 17
clinician perform a face -to-face evaluation of youth 18
prisoners who are subjected to emergency cell 19
confinement; requiring each evaluation to be 20
documented; requiring facility staff to perform visual 21
checks of youth prisoners in emergency cell 22
confinement at specified intervals; requiring each 23
visual check to be documented; providing for an 24
individualized suicide crisis intervention plan for 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certain youth prisoners, if applicable; requiring that 26
youth prisoners be transported to a mental health 27
receiving facility if such prisoners' suicide risk is 28
not resolved within a certain timeframe; requiring 29
that youth prisoners in emergency cell confinement be 30
allotted services and other benefits that are made 31
available to prisoners in the general prison 32
population; providing for the protection of youth 33
prisoners held in disciplinary cell confinement; 34
prohibiting youth prisoners from being subjected to 35
disciplinary cell confinement for longer than a 36
certain duration; requiring staff to perform visual 37
checks of youth prisoners in disciplinary cell 38
confinement at specified intervals; requiring each 39
visual check to be documented; requiring that youth 40
prisoners in disciplinary cells be allotted services 41
and other benefits that are made available to 42
prisoners in the general prison population; providing 43
reduced isolation for youth prisoners in protective 44
custody; requiring that youth prisoners placed in 45
protective custody be allotted services and other 46
benefits that are made available to prisoners in the 47
general prison population; requiring the department 48
and the board of county commissioners of each county 49
that administers a detention facility or jail to 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
review their policies relating to youth prisoners to 51
evaluate whether the policies are necessary; requiring 52
the department and the boards of county commissioners 53
to certify compliance in a report to the Governor and 54
the Legislature by a specified date; requiring the 55
department and the boards of county commissioners to 56
adopt specified policies and procedures; providing 57
construction; amending s. 944.09, F.S.; authorizing 58
the department to adopt rules; amending s. 951.23, 59
F.S.; requiring sheriffs and chief correctional 60
officers to adopt model standards relating to youth 61
prisoners; reenacting s. 944.279(1), F.S., relating to 62
disciplinary procedures applicable to a prisoner for 63
filing frivolous or malicious actions or bringing 64
false information before a court, to incorporate 65
amendments made by the act; providing an effective 66
date. 67
68
Be It Enacted by the Legislature of the State of Florida: 69
70
Section 1. Section 958.155, Florida Statutes, is created 71
to read: 72
958.155 Youthful offenders in solitary confinement. — 73
(1) SHORT TITLE.—This section may be cited as the "Youth 74
in Solitary Confinement Reduction Act." 75
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(2) DEFINITIONS.—As used in this section, the term: 76
(a) "Disciplinary cell confinement" means a disciplinary 77
sanction for a major rule violation in which a youth who is 78
found guilty of committing such violation is conf ined to a cell 79
for a specified time. 80
(b) "Emergency cell confinement" means the confinement to 81
a cell of a youth who must be temporarily removed from the 82
general population of prisoners because he or she presents an 83
immediate, serious danger to the secur ity or safety of himself 84
or herself or others. 85
(c) "Major rule violation" means an act that: 86
1. Is an act of violence which results in or is likely to 87
result in serious injury or death to another; 88
2. Occurs in connection with an act of nonconsensual sex; 89
3. Consists of two or more discrete acts that cause 90
serious disruption to the security or order of the detention 91
center or facility operations; or 92
4. Is an escape, attempted escape, or conspiracy to escape 93
from within a security perimeter or from custody or both. 94
(d) "Mental health clinician" means a psychiatrist, 95
psychologist, social worker, or nurse practitioner. 96
(e) "Prisoner" means a person incarcerated in a county or 97
regional jail or in a department facility who is accused of, 98
convicted of, or sentenced for a violation of criminal law or 99
the terms and conditions of parole, probation, pretrial release, 100
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or a diversionary program. 101
(f) "Protective custody" means a status for a youth who 102
requires protection because he or she is in danger of being 103
victimized by other prisoners in the facility. The term includes 104
time spent under this status pending review of the yout h's 105
request for protection. 106
(g) "Solitary confinement" means involuntary confinement 107
in a cell in isolation for more than 20 hours a day. 108
(h) "Youth" means a person who is younger than 18 years of 109
age, or a person who is sentenced as a "youthful offend er" by a 110
court or is classified as such by the department pursuant to 111
this chapter. 112
(3) PROTECTING YOUTH FROM SOLITARY CONFINEMENT. —A youth 113
prisoner who is held under the jurisdiction of the department or 114
a local governmental body in this state may not b e placed in 115
solitary confinement, except as provided in this section. Cell 116
confinement of all youth prisoners is limited to the types and 117
parameters of confinement specified in this section. 118
(4) PROTECTING YOUTH HELD IN EMERGENCY CELL CONFINEMENT. — 119
(a) A youth prisoner may be placed in emergency cell 120
confinement for a period not to exceed 24 hours. 121
(b) A youth prisoner may not be placed in emergency cell 122
confinement unless all other less restrictive options have been 123
exhausted. Facility staff must doc ument the placement of a youth 124
prisoner in emergency cell confinement and include the 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
justification for the placement and all the attempts for other 126
less restrictive options before the placement. 127
(c) A youth prisoner may be placed in emergency cell 128
confinement for the shortest time required to address the safety 129
risk and may not be held in such confinement if a mental health 130
clinician determines that the confinement is detrimental to the 131
youth's mental or physical health. 132
(d) A youth prisoner who is pla ced in emergency cell 133
confinement must be evaluated face to face by a mental health 134
clinician within 1 hour after placement and at least every 4 135
hours thereafter to determine if the youth should remain in 136
emergency cell confinement. The mental health clini cian shall 137
document each evaluation and shall include the reason for 138
continued placement in emergency cell confinement. 139
(e) During the time a youth prisoner is placed in 140
emergency cell confinement, the facility staff shall conduct 141
visual checks at least four times an hour at intervals of 15 142
minutes or less. During the time a youth is awake, the staff 143
shall speak to the youth during the visual checks. After each 144
visual check, the staff shall document the status of the youth. 145
(f) Within 4 hours after plac ing a youth prisoner who has 146
exhibited suicidal behavior or committed acts of self -harm in 147
emergency cell confinement, a mental health clinician shall 148
implement an individualized suicide crisis intervention plan for 149
the youth prisoner and closely monitor t he youth prisoner's 150
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condition in order to reduce or eliminate the risk of self -harm. 151
If the youth's suicide risk is not resolved within 24 hours, the 152
youth must be moved to a mental health receiving facility. 153
(g) A youth prisoner who is placed in emergen cy cell 154
confinement must be provided: 155
1. At least 1 hour of daily out -of-cell, large-muscle 156
exercise that includes access to outdoor recreation when the 157
weather allows. 158
2. Access to the same meals and drinking water, medical 159
treatment, contact with par ents and legal guardians, and legal 160
assistance as provided to prisoners in the general population. 161
(5) PROTECTING YOUTH HELD IN DISCIPLINARY CELL 162
CONFINEMENT.— 163
(a) A youth prisoner may be placed in disciplinary cell 164
confinement by himself or herself fo r a period not to exceed 72 165
hours. 166
(b) During the time a youth prisoner is placed in 167
disciplinary cell confinement in a cell by himself or herself, 168
the facility staff shall conduct visual checks at least four 169
times an hour at intervals of 15 minutes or l ess. During the 170
time the youth is awake, the staff shall speak to the youth 171
during the visual checks. After each visual check, the staff 172
shall document the status of the youth. 173
(c) A youth prisoner who is placed in disciplinary cell 174
confinement must be p rovided: 175
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1. At least 2 hours of daily out -of-cell, large-muscle 176
exercise that includes access to outdoor recreation when the 177
weather allows. 178
2. Daily showers. 179
3. Access to the same meals and drinking water, clothing, 180
medical treatment, educational se rvices, correspondence 181
privileges, contact with parents and legal guardians, and legal 182
assistance as is provided to prisoners in the general 183
population. 184
(6) REDUCING ISOLATION FOR YOUTH WHO REQUIRE PROTECTIVE 185
CUSTODY.—If a youth prisoner is placed in pro tective custody, 186
the restrictions to which the youth prisoner is subjected due to 187
such custody status must be the least restrictive to maintain 188
the safety of the youth prisoner and the facility. At a minimum, 189
such youth prisoner must have access to: 190
(a) Educational and programming opportunities consistent 191
with the youth prisoner's safety and security and any federal 192
and state law requirements. 193
(b) At least 5 hours a day of out -of-cell time, including 194
a minimum of 2 hours of daily out -of-cell, large-muscle exercise 195
that includes access to outdoor recreation when the weather 196
allows. 197
(c) The same meals and drinking water, clothing, and 198
medical treatment as provided to prisoners in the general 199
population. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Personal property, including televisions and radios, 201
and access to books, magazines, and other printed materials; 202
(e) Daily showers. 203
(f) The law library. 204
(g) The same correspondence privileges and number of 205
visits and phone calls allowed to prisoners in the general 206
population, including, but not limited to, the same contact with 207
parents and legal guardians and the same legal assistance. 208
(7) IMPLEMENTATION. — 209
(a) The department and the board of county commissioners 210
of each county that administers a detention facility or jail 211
shall review their policies relating to youth prisoners in 212
solitary confinement or protective custody to determine if such 213
policies are necessary. The department and the board of county 214
commissioners of each county that administers a detention 215
facility or jail shall ce rtify compliance with this section in a 216
report that the department and the commission shall submit to 217
the Governor, the President of the Senate, and the Speaker of 218
the House of Representatives by January 1, 2023. The department 219
and the board of county comm issioners of each such county shall 220
adopt policies and procedures necessary to administer this 221
section. 222
(b) To the extent that this section conflicts with any 223
other provision of law relating to youth prisoners in this 224
state, the provisions that afford th e greater or additional 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
protections to youth prisoners in this state shall prevail. 226
Section 2. Paragraph (s) is added to subsection (1) of 227
section 944.09, Florida Statutes, to read: 228
944.09 Rules of the department; offenders, probationers, 229
and parolees.— 230
(1) The department has authority to adopt rules pursuant 231
to ss. 120.536(1) and 120.54 to implement its statutory 232
authority. The rules must include rules relating to: 233
(s) Disciplinary procedures and punishment for youth 234
prisoners in compliance with s. 958.155, the Youth in Solitary 235
Confinement Reduction Act. 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 Florid a 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
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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 s pecified 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 sleepin g 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 fema les, 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
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prisoners, such as the mentally ill, alcohol or narcotic 276
addicts, sex deviates, suicide risk s, 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, the 283
Youth in Solitary Confinement Reduction Act. 284
Section 4. For the purpose of incorporating the amendment 285
made by this act to section 944.09, Flori da Statutes, in a 286
reference thereto, subsection (1) of section 944.279, Florida 287
Statutes, is reenacted to read: 288
944.279 Disciplinary procedures applicable to prisoner for 289
filing frivolous or malicious actions or bringing false 290
information before court. — 291
(1) At any time, and upon its own motion or on motion of a 292
party, a court may conduct an inquiry into whether any action or 293
appeal brought by a prisoner was brought in good faith. A 294
prisoner who is found by a court to have brought a frivolous or 295
malicious suit, action, claim, proceeding, or appeal in any 296
court of this state or in any federal court, which is filed 297
after June 30, 1996, or to have brought a frivolous or malicious 298
collateral criminal proceeding, which is filed after September 299
30, 2004, or who knowingly or with reckless disregard for the 300
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truth brought false information or evidence before the court, is 301
subject to disciplinary procedures pursuant to the rules of the 302
Department of Corrections. The court shall issue a written 303
finding and direct tha t a certified copy be forwarded to the 304
appropriate institution or facility for disciplinary procedures 305
pursuant to the rules of the department as provided in s. 306
944.09. 307
Section 5. This act shall take effect July 1, 2022. 308