Florida Senate - 2022 SB 206 By Senator Farmer 34-00134-22 2022206__ 1 A bill to be entitled 2 An act relating to inmate confinement; creating s. 3 944.175, F.S.; defining terms; prohibiting the use of 4 solitary confinement; prohibiting the use of 5 restrictive confinement for noncompliance, punishment, 6 or harassment or in retaliation for an inmates 7 conduct; authorizing an inmate to be placed in 8 restrictive confinement only if certain conditions are 9 met; providing restrictions and requirements for such 10 confinement; prohibiting specified inmates from being 11 placed in restrictive confinement; prohibiting youths, 12 young adults, and inmates who have specified medical 13 needs from being placed in restrictive confinement 14 except under specified circumstances; requiring 15 facilities to keep certain records regarding 16 restrictive confinement; requiring the warden of the 17 facility to review such records monthly; requiring the 18 Department of Corrections to provide a specified 19 report to the Department of Law Enforcement; providing 20 that an inmate is entitled to a review of his or her 21 placement in restrictive confinement within a 22 specified timeframe by a specified staff committee; 23 amending s. 944.09, F.S.; requiring the Department of 24 Corrections to adopt certain rules; amending s. 25 951.23, F.S.; requiring sheriffs and chief 26 correctional officers to adopt model standards 27 relating to confinement; amending s. 985.601, F.S.; 28 requiring the Department of Juvenile Justice to adopt 29 rules relating to restrictive confinement; reenacting 30 s. 944.279(1), F.S., relating to disciplinary 31 procedures applicable to a prisoner for filing 32 frivolous or malicious actions or for bringing false 33 information before a court, to incorporate the 34 amendment made to s. 944.09, F.S., in a reference 35 thereto; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Section 944.175, Florida Statutes, is created to 40 read: 41 944.175Restrictions on the use of confinement. 42 (1)DEFINITIONS.As used in this section, the term: 43 (a)Exigent circumstances means circumstances that pose 44 an immediate and substantial threat to the safety of an inmate 45 or a correctional staff member. 46 (b)Inmate means a person in the custody of the 47 department who is 18 years of age or older. 48 (c)Mental health professional means a psychiatrist, 49 psychologist, social worker, or nurse practitioner. 50 (d)Restrictive confinement means the involuntary 51 placement of an inmate in a cell alone, or with other inmates in 52 substantial isolation, for more than 20 hours per day. 53 (e)Solitary confinement means the involuntary placement 54 of an inmate in a cell alone, or with other inmates in 55 substantial isolation, for more than 22 hours per day. 56 (f)Young adult means a person in the custody of the 57 department who is 18 years of age or older but younger than 21 58 years of age. 59 (g)Youth means a person in the custody of the department 60 who is younger than 18 years of age. 61 (2)PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.An 62 inmate may not be placed in solitary confinement. 63 (3)LIMITATIONS ON THE USE OF RESTRICTIVE CONFINEMENT.An 64 inmate may not be placed in restrictive confinement except under 65 exigent circumstances, if such placement will significantly 66 reduce the safety threat that the exigent circumstances create. 67 An inmate may not be confined for any period of time to an 68 individual cell as a consequence for noncompliance, as 69 punishment or harassment, or in retaliation for his or her 70 conduct. If exigent circumstances exist and the inmate is placed 71 in restrictive confinement, the inmate: 72 (a)May not be housed in restrictive confinement for more 73 than 15 consecutive days; 74 (b)May not be housed in restrictive confinement for more 75 than 20 days within a 60-day period; 76 (c)May be housed in restrictive confinement only until the 77 substantial threat to the safety of an inmate or a correctional 78 staff member has ended and must be under the least restrictive 79 conditions practicable in relation to the exigent circumstances 80 necessitating the use of restrictive confinement. The 81 confinement must include at least 4 hours of out-of-cell time 82 every day; 83 (d)Must be allowed to participate in meaningful 84 programming opportunities and privileges that are consistent 85 with those available to the general inmate population, as 86 practicable. The programming opportunities and privileges may 87 take place individually or in a classroom setting; 88 (e)Must be allowed to have as much meaningful interaction 89 with others, such as other inmates, visitors, clergy, and 90 licensed mental health professionals, as practicable; and 91 (f)Must be evaluated by a licensed mental health 92 professional at least once every 24 hours to determine whether 93 the inmate should remain in restrictive confinement or be 94 removed from restrictive confinement to prevent a serious risk 95 of harm to the inmate. The licensed mental health professional 96 who conducts the mental health evaluation shall document each 97 evaluation. The documented evaluation must be placed in the 98 inmates records. If the licensed mental health professional 99 determines that continued housing in restrictive confinement 100 poses a serious risk of harm to the inmate, the inmate must be 101 removed from restrictive confinement within 24 hours after such 102 determination. 103 (4)INMATES FOR WHOM RESTRICTIVE CONFINEMENT IS 104 PROHIBITED.An inmate may not be placed in restrictive 105 confinement solely on the basis of the inmates identification 106 or status as a member of a vulnerable population, including an 107 inmate who is lesbian, gay, bisexual, transgender, intersex, or 108 gender nonconforming. 109 (5)YOUTHS AND YOUNG ADULTS. 110 (a)A youth or young adult may not be placed in restrictive 111 confinement unless: 112 1.The youths or young adults behavior poses a serious 113 and immediate threat and such confinement is a necessary and 114 temporary response to the behavior; 115 2.All other options to deescalate the situation resulting 116 from the youths or young adults behavior have been exhausted, 117 including less restrictive techniques such as penalizing the 118 youth or young adult through loss of privileges, speaking with 119 the youth or young adult in an attempt to resolve the situation, 120 and having a licensed mental health professional provide an 121 appropriate level of care; and 122 3.If the youth or young adult poses a substantial and 123 immediate threat to others, such confinement may continue only 124 for the time necessary for the youth or young adult to regain 125 self-control. The confinement may not exceed 3 hours. Within 1 126 hour after such placement, a licensed mental health professional 127 shall make a determination approving or disapproving the holding 128 of the youth or young adult past the initial hour of 129 confinement. The licensed mental health professional shall make 130 such determination every hour thereafter in order to continue 131 the confinement. 132 (b)If the youth or young adult continues to pose a 133 substantial and immediate threat after the applicable maximum 134 period of confinement specified under subparagraph (a)3. has 135 expired, the youth or young adult must be transferred to another 136 facility or to an internal location where crisis services may be 137 provided to the youth or young adult. If a licensed mental 138 health professional believes the level of crisis services needed 139 is not available on site, a facility staff member must initiate 140 a referral to a location that can provide the services required 141 to meet the youths or young adults needs. 142 (6)INMATES WITH MEDICAL NEEDS.An inmate who has a serious 143 mental illness, has an intellectual disability, has a physical 144 disability that a licensed medical health professional 145 determines is likely to be exacerbated by placement in 146 restrictive confinement, is pregnant or in the first 8 weeks of 147 postpartum recovery, or has been determined by a licensed mental 148 health professional to likely be significantly and adversely 149 affected by placement in restrictive confinement may not be 150 placed in restrictive confinement unless all of the following 151 apply: 152 (a)The inmate poses a substantial and immediate threat. 153 (b)All other options to deescalate the situation resulting 154 from the inmates behavior have been exhausted, including less 155 restrictive techniques such as penalizing the inmate through 156 loss of privileges, speaking with the inmate in an attempt to 157 resolve the situation, and having a licensed mental health 158 professional provide an appropriate level of care. 159 (c)Such confinement may continue only until the 160 substantial and immediate threat has ended and is limited to the 161 least restrictive conditions practicable. The inmate must have 162 access to medical care and mental health treatment during such 163 confinement. 164 (d)Such confinement is reviewed by a multidisciplinary 165 staff committee for appropriateness every 24 hours after such 166 confinement begins. 167 (e)As soon as practicable, but within at least 5 days 168 after such confinement begins, the inmate is diverted, upon 169 release from restrictive confinement, to a general population 170 unit or a mental health treatment program. 171 (7)REPORTING.The facility must keep a record of each time 172 restrictive confinement is used under subsections (5) and (6). 173 The warden of the facility shall review such records each month, 174 and the department shall provide a report based on the wardens 175 review to the Department of Law Enforcement each month. 176 (8)REVIEW.An inmate who is placed in restrictive 177 confinement is entitled to a review of his or her initial 178 placement and any extension of restrictive confinement within 72 179 hours after first being placed in restrictive confinement. The 180 review must be conducted by a multidisciplinary staff committee 181 consisting of at least one of each of the following: 182 (a)A licensed mental health professional. 183 (b)A licensed medical professional. 184 (c)A member of the leadership of the facility. 185 Section 2.Paragraph (s) is added to subsection (1) of 186 section 944.09, Florida Statutes, to read: 187 944.09Rules of the department; offenders, probationers, 188 and parolees. 189 (1)The department has authority to adopt rules pursuant to 190 ss. 120.536(1) and 120.54 to implement its statutory authority. 191 The rules must include rules relating to: 192 (s)Inmate confinement which are compliant with s. 944.175. 193 Section 3.Paragraph (a) of subsection (4) of section 194 951.23, Florida Statutes, is amended to read: 195 951.23County and municipal detention facilities; 196 definitions; administration; standards and requirements. 197 (4)STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 198 OFFICERS. 199 (a)There shall be established A five-member working group 200 is established which consists consisting of three persons 201 appointed by the Florida Sheriffs Association and two persons 202 appointed by the Florida Association of Counties to develop 203 model standards for county and municipal detention facilities. 204 At a minimum By October 1, 1996, each sheriff and chief 205 correctional officer shall adopt, at a minimum, the model 206 standards with reference to: 207 1.a.The construction, equipping, maintenance, and 208 operation of county and municipal detention facilities. 209 b.The cleanliness and sanitation of county and municipal 210 detention facilities; the number of county and municipal 211 prisoners who may be housed therein per specified unit of floor 212 space; the quality, quantity, and supply of bedding furnished to 213 such prisoners; the quality, quantity, and diversity of food 214 served to them and the manner in which it is served; the 215 furnishing to them of medical attention and health and comfort 216 items; and the disciplinary treatment that which may be meted 217 out to them. 218 219 Notwithstanding the provisions of the otherwise applicable 220 building code, a reduced custody housing area may be occupied by 221 inmates or may be used for sleeping purposes as allowed in 222 subsection (7). The sheriff or chief correctional officer shall 223 provide that a reduced custody housing area shall be governed by 224 fire and life safety standards which do not interfere with the 225 normal use of the facility and which affect a reasonable degree 226 of compliance with rules of the State Fire Marshal for 227 correctional facilities. 228 2.The confinement of prisoners by classification and 229 providing, whenever possible, for classifications that which 230 separate males from females, juveniles from adults, felons from 231 misdemeanants, and those awaiting trial from those convicted 232 and, in addition, providing for the separation of special risk 233 prisoners, such as the mentally ill, alcohol or narcotic 234 addicts, sex deviates, suicide risks, and any other 235 classification which the local unit may deem necessary for the 236 safety of the prisoners and the operation of the facility 237 pursuant to degree of risk and danger criteria. Nondangerous 238 felons may be housed with misdemeanants. 239 3.The confinement of prisoners, in compliance with s. 240 944.175. 241 Section 4.Paragraph (b) of subsection (9) of section 242 985.601, Florida Statutes, is amended to read: 243 985.601Administering the juvenile justice continuum. 244 (9) 245 (b)The department shall adopt rules prescribing standards 246 and requirements with reference to: 247 1.The construction, equipping, maintenance, staffing, 248 programming, and operation of detention facilities; 249 2.The treatment, training, and education of children 250 confined in detention facilities; 251 3.The cleanliness and sanitation of detention facilities; 252 4.The number of children who may be housed in detention 253 facilities per specified unit of floor space; 254 5.The quality, quantity, and supply of bedding furnished 255 to children housed in detention facilities; 256 6.The quality, quantity, and diversity of food served in 257 detention facilities and the manner in which it is served; 258 7.The furnishing of medical attention and health and 259 comfort items in detention facilities; and 260 8.The disciplinary treatment administered in detention 261 facilities; and 262 9.The use of restrictive confinement for prisoners, in 263 compliance with s. 944.175. 264 Section 5.For the purpose of incorporating the amendment 265 made by this act to section 944.09, Florida Statutes, in a 266 reference thereto, subsection (1) of section 944.279, Florida 267 Statutes, is reenacted to read: 268 944.279Disciplinary procedures applicable to prisoner for 269 filing frivolous or malicious actions or bringing false 270 information before court. 271 (1)At any time, and upon its own motion or on motion of a 272 party, a court may conduct an inquiry into whether any action or 273 appeal brought by a prisoner was brought in good faith. A 274 prisoner who is found by a court to have brought a frivolous or 275 malicious suit, action, claim, proceeding, or appeal in any 276 court of this state or in any federal court, which is filed 277 after June 30, 1996, or to have brought a frivolous or malicious 278 collateral criminal proceeding, which is filed after September 279 30, 2004, or who knowingly or with reckless disregard for the 280 truth brought false information or evidence before the court, is 281 subject to disciplinary procedures pursuant to the rules of the 282 Department of Corrections. The court shall issue a written 283 finding and direct that a certified copy be forwarded to the 284 appropriate institution or facility for disciplinary procedures 285 pursuant to the rules of the department as provided in s. 286 944.09. 287 Section 6.This act shall take effect July 1, 2022.