Florida 2025 Regular Session

Florida House Bill H1061 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to restrictive housing in prisons; 2
16	16	creating s. 944.022, F.S.; defining terms; requiring 3
17	17	the Office of Program Policy Analysis and Government 4
18	18	Accountability to conduct a specified annual study; 5
19	19	requiring the office to report the findings of the 6
20	20	annual study to the Governor and the Legislature; 7
21	21	specifying requirements for the study; providing an 8
22	22	effective date. 9
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24	24	Be It Enacted by the Legislatu re of the State of Florida: 11
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26	26	Section 1. Section 944.022, Florida Statutes, is created 13
27	27	to read: 14
28	28	944.022 Study on the use of restrictive housing. — 15
29	29	(1) As used in this section, the term: 16
30	30	(a) "Administrative confinement" means a temporary removal 17
31	31	of a prisoner from the general prison population to maintain 18
32	32	safety and security until prison officials can arrange a more 19
33	33	permanent housing placement. While administrative confinement 20
34	34	typically lasts no longer than 90 days, the department may hold 21
35	35	a prisoner for a longer period. 22
36	36	(b) "Close Management" means an indefinite housing 23
37	37	assignment for prisoners who have shown that they are unable to 24
38	38	live in the general population without abusing the rights and 25
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47	47	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
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51	51	privileges of others. Close Management I is the most 26
52	52	restrictive, with conditions becoming progressively less 27
53	53	restrictive from Close Management II to Close Management III. 28
54	54	(c) "Disciplinary confinement" means a temporary form of 29
55	55	solitary confinement for prisoners who have violated department 30
56	56	rules. Depending on the severity of the misconduct, prisoners 31
57	57	may be confined to a cell for 30 to 60 days. If multiple 32
58	58	disciplinary charges are issued, confinement may extend beyond 33
59	59	60 days. 34
60	60	(d) "Maximum Management" means the most extreme form of 35
61	61	solitary confinement us ed by the department, in which prisoners 36
62	62	are held in single-person isolation cells or confined within a 37
63	63	cage inside the cell, with no natural light. This term includes 38
64	64	severely limited out -of-cell time, a ban on telephone calls and 39
65	65	personal visits, and rea ding materials restricted to religious 40
66	66	texts. This level of confinement is reserved for individuals 41
67	67	deemed an extreme security risk. 42
68	68	(e) "Restrictive housing" or "solitary confinement" means 43
69	69	confinement to one's cell for 22 to 24 hours per day with 44
70	70	extremely limited and rare contact with other people. 45
71	71	(2) The Office of Program Policy Analysis and Government 46
72	72	Accountability shall conduct an annual study on the use of 47
73	73	restrictive housing for all prisoners in the state correctional 48
74	74	system. The restrictive h ousing placements to be studied 49
75	75	include, but are not limited to, maximum management; 50
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88	88	disciplinary confinement; Close Management I, II, and III; and 51
89	89	administrative confinement pursuant to rule 33 -602.220, Florida 52
90	90	Administrative Code. These types of restrict ive housing are 53
91	91	generally referred to as solitary confinement. The study must 54
92	92	include prisoners placed in both single and double cells. The 55
93	93	Office of Program Policy Analysis and Government Accountability 56
94	94	shall report the findings of the annual study to the Governor, 57
95	95	the President of the Senate, and the Speaker of the House of 58
96	96	Representative. 59
97	97	(3) The study must include all of the following 60
98	98	information, disaggregated by age group, correctional facility, 61
99	99	and type of restrictive housing, as well as aggregated for 62
100	100	department facilities: 63
101	101	(a) The total number of prisoners placed in restrictive 64
102	102	housing, including the monthly placements at each facility, 65
103	103	categorized by type of restrictive housing. 66
104	104	(b) The duration of each placement, including the total 67
105	105	and consecutive days spent in restrictive housing and in each 68
106	106	specific type of restrictive housing. 69
107	107	(c) The reasons for placement in restrictive housing. 70
108	108	(d) The frequency with which each prisoner is placed in 71
109	109	restrictive housing during the year. 72
110	110	(e) For each prisoner placed in restrictive housing, the 73
111	111	person's gender, race, ethnicity, weight, age, and any 74
112	112	disability, as defined by the Americans with Disabilities Act 75
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125	125	(ADA). 76
126	126	(f) An assessment of whether alternative strategies or 77
127	127	mental health interventions were attempted before the use of 78
128	128	restrictive housing, including the frequency of security checks 79
129	129	and medical checks, and any property, such as a mattress, 80
130	130	sheets, clothing, or personal items, restricted or removed, 81
131	131	including the reason, duration , and type of property removed. 82
132	132	(g) The number of ADA accommodation requests and approvals 83
133	133	and whether the prisoner has an individualized education plan. 84
134	134	(h) An evaluation of facility conditions, including air 85
135	135	conditioning, access to legal telephone ca lls, reading 86
136	136	materials, nutrition, clothing, medical care, showers, hygiene 87
137	137	supplies, and the size of restrictive housing cells. 88
138	138	(i) An analysis of the impact of restrictive housing on 89
139	139	mental health, including changes in the severity of mental 90
140	140	illness before, during, and after placement; placements in self -91
141	141	harm observation status; instances of self -injurious behavior, 92
142	142	including self-mutilation; inpatient mental health treatment 93
143	143	placements, such as crisis stabilization units and transitional 94
144	144	care units; suicide attempts and suicides in restrictive 95
145	145	housing; incidents of self -harm and suicide attempts before 96
146	146	placement; and psychological autopsies of individuals previously 97
147	147	placed in restrictive housing. 98
148	148	(j) Economic data comparing the average yearly cost of 99
149	149	housing prisoners in Maximum Management, disciplinary 100
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158	158	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
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162	162	confinement, close management, and administrative confinement 101
163	163	versus the cost of housing them in the general population, 102
164	164	including an overall cost comparison and the methodology used 103
165	165	for cost calculations. 104
166	166	(k) A determination of whether restrictive housing is more 105
167	167	or less expensive than housing in the general population. 106
168	168	(l) An assessment of whether the 3 -year recidivism rate 107
169	169	differs between persons who experienced restrictive housing and 108
170	170	persons who did not. 109
171	171	Section 2. This act shall take effect July 1, 2025. 110