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 youths 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 youths 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 youths 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: 229 944.09Rules 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: 238 951.23County 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: 287 944.279Disciplinary 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.