|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Prohibiting the use of solitary confinement; prohibiting the use of restrictive confinement for noncompliance, punishment, harassment, or retaliation for an inmate’s conduct; prohibiting youths, young adults, and inmates who have specified medical needs from being placed in restrictive confinement except under specified circumstances; requiring sheriffs and chief correctional officers to adopt model standards relating to confinement, etc.
Florida Senate - 2020 SB 762 By Senator Farmer 34-00044-20 2020762__ 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 harassment, or retaliation for an inmates conduct; 7 authorizing an inmate to be placed in restrictive 8 confinement only if certain conditions are met; 9 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; requiring the 18 Department of Corrections to provide a report to the 19 Department of Law Enforcement; providing that an 20 inmate is entitled to a review of his or her placement 21 in restrictive confinement within a specified 22 timeframe by a specified review committee; amending s. 23 944.09, F.S.; authorizing the department to adopt 24 rules; amending s. 951.23, F.S.; requiring sheriffs 25 and chief correctional officers to adopt model 26 standards relating to confinement; amending s. 27 985.601, F.S.; requiring the Department of Juvenile 28 Justice to adopt rules relating to restrictive 29 confinement; reenacting s. 944.279(1), F.S., relating 30 to disciplinary procedures applicable to a prisoner 31 for filing frivolous or malicious actions or for 32 bringing false information before a court, to 33 incorporate the amendment made to s. 944.09, F.S., in 34 a reference thereto; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 944.175, Florida Statutes, is created to 39 read: 40 944.175 Restrictions on the use of confinement.— 41 (1) DEFINITIONS.—As used in this section, the term: 42 (a) “Exigent circumstances” means circumstances that pose 43 an immediate and substantial threat to the safety of an inmate 44 or a correctional staff member. 45 (b) “Inmate” means a person in the custody of the 46 department who is 18 years of age or older. 47 (c) “Mental health professional” means a psychiatrist, 48 psychologist, social worker, or nurse practitioner. 49 (d) “Restrictive confinement” means the involuntary 50 placement of an inmate in a cell alone, or with other inmates in 51 substantial isolation, for more than 20 hours per day. 52 (e) “Solitary confinement” means the involuntary placement 53 of an inmate in a cell alone, or with other inmates in 54 substantial isolation, for more than 22 hours per day. 55 (f) “Young adult” means a person in the custody of the 56 department who is at least 18 years of age but is not yet 21 57 years of age. 58 (g) “Youth” means a person in the custody of the department 59 who is under 18 years of age. 60 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—An 61 inmate may not be placed in solitary confinement. 62 (3) LIMITATIONS ON THE USE OF RESTRICTIVE CONFINEMENT.—An 63 inmate may not be placed in restrictive confinement except under 64 exigent circumstances, if such placement will significantly 65 reduce the safety threat that the exigent circumstances create. 66 An inmate may not be confined for any period of time to an 67 individual cell as a consequence for noncompliance, punishment, 68 or harassment, or in retaliation for an inmates conduct. If 69 exigent circumstances exist and the inmate is placed in 70 restrictive confinement, the inmate: 71 (a) May not be housed in restrictive confinement for more 72 than 15 consecutive days; 73 (b) May not be housed in restrictive confinement for more 74 than 20 days within a 60-day period; 75 (c) May be held in restrictive confinement only until the 76 substantial threat to the safety of an inmate or a correctional 77 staff member has ended and must be under the least restrictive 78 conditions practicable in relation to the exigent circumstances 79 necessitating the use of restrictive confinement. The 80 confinement must include at least 4 hours of out-of-cell time 81 every day; 82 (d) Must be allowed to participate in meaningful 83 programming opportunities and privileges that are consistent 84 with those available to the general inmate population, as 85 practicable. The programming opportunities and privileges may 86 take place individually or in a classroom setting; 87 (e) Must be allowed to have as much meaningful interaction 88 with others, such as other inmates, visitors, clergy, and 89 licensed mental health professionals, as practicable; and 90 (f) Must be evaluated by a licensed mental health 91 professional at least once every 24 hours to determine whether 92 the inmate should remain in restrictive confinement or if the 93 inmate should be removed from restrictive confinement to prevent 94 a serious risk of harm to the inmate. The licensed mental health 95 professional who conducts the mental health evaluation shall 96 document each evaluation. The documented evaluation must be 97 placed in the inmates records. If the licensed mental health 98 professional determines that continued housing in restrictive 99 confinement poses a serious risk of harm to the inmate, the 100 inmate must be removed from restrictive confinement within 24 101 hours after the determination. 102 (4) INMATES FOR WHOM RESTRICTIVE CONFINEMENT IS 103 PROHIBITED.—An inmate may not be placed in restrictive 104 confinement solely on the basis of the inmates identification 105 or status as a member of a vulnerable population, including an 106 inmate who is lesbian, gay, bisexual, transgender, intersex, or 107 gender nonconforming. 108 (5) YOUTHS AND YOUNG ADULTS.— 109 (a) A youth or young adult may not be placed in restrictive 110 confinement unless: 111 1. The youths or young adults behavior poses a serious 112 and immediate threat and such confinement is a necessary and 113 temporary response to the behavior; 114 2. All other options to deescalate the situation resulting 115 from the youths or young adults behavior have been exhausted, 116 including less restrictive techniques such as penalizing the 117 youth or young adult through loss of privileges, speaking with 118 the youth or young adult in an attempt to resolve the situation, 119 and having a licensed mental health professional provide an 120 appropriate level of care; and 121 3. If the youth or young adult poses a substantial and 122 immediate threat to others, such confinement extends only to the 123 time necessary for the youth or young adult to regain self 124 control. The confinement may not exceed 3 hours. Within 1 hour 125 after such placement, a licensed mental health professional 126 shall approve or disapprove of holding the youth or young adult 127 past the initial hour of confinement. The licensed mental health 128 professional shall make such determination every hour thereafter 129 in order to continue the confinement. 130 (b) If the youth or young adult continues to pose a 131 substantial and immediate threat after the applicable maximum 132 period of confinement specified under subparagraph (a)3. has 133 expired, the youth or young adult must be transferred to another 134 facility or to an internal location where crisis services may be 135 provided to the youth or young adult. If a licensed mental 136 health professional believes the level of crisis services needed 137 is not available onsite, a facility staff member must initiate a 138 referral to a location that can provide the services required to 139 meet the youth or young adults needs. 140 (6) INMATES WITH MEDICAL NEEDS.—An inmate who has a serious 141 mental illness, has an intellectual disability, has a physical 142 disability that a licensed medical health professional 143 determines is likely to be exacerbated by placement in 144 restrictive confinement, is pregnant or in the first 8 weeks of 145 postpartum recovery, or has been determined by a licensed mental 146 health professional to likely be significantly and adversely 147 affected by placement in restrictive confinement may not be 148 placed in restrictive confinement unless all of the following 149 apply: 150 (a) The inmate poses a substantial and immediate threat. 151 (b) All other options to deescalate the situation resulting 152 from the inmates behavior have been exhausted, including less 153 restrictive techniques such as penalizing the inmate through 154 loss of privileges, speaking with the inmate in an attempt to 155 resolve the situation, and having a licensed mental health 156 professional provide an appropriate level of care. 157 (c) Such confinement extends only until the substantial and 158 immediate threat has ended and is limited to the least 159 restrictive conditions practicable. The inmate must have access 160 to medical care and mental health treatment during such 161 confinement. 162 (d) Such confinement is reviewed by a multidisciplinary 163 staff committee for appropriateness every 24 hours after such 164 confinement begins. 165 (e) As soon as practicable, but within at least 5 days 166 after such confinement begins, the inmate is diverted, upon 167 release from restrictive confinement, to a general population 168 unit or a mental health treatment program. 169 (7) REPORTING.—The facility must keep a record of each time 170 restrictive confinement is used under subsections (5) and (6). 171 The warden of the facility shall review such records each month, 172 and the department shall provide a report based on the wardens 173 review to the Department of Law Enforcement each month. 174 (8) REVIEW.—An inmate who is placed in restrictive 175 confinement is entitled to a review of his or her initial 176 placement and any extension of restrictive confinement within 72 177 hours after first being placed in restrictive confinement. The 178 review must be conducted by a multidisciplinary staff committee 179 consisting of at least one of each of the following: 180 (a) A licensed mental health professional. 181 (b) A licensed medical professional. 182 (c) A member of the leadership of the facility. 183 Section 2. Paragraph (s) is added to subsection (1) of 184 section 944.09, Florida Statutes, to read: 185 944.09 Rules of the department; offenders, probationers, 186 and parolees.— 187 (1) The department has authority to adopt rules pursuant to 188 ss. 120.536(1) and 120.54 to implement its statutory authority. 189 The rules must include rules relating to: 190 (s) Inmate confinement which are compliant with s. 944.175. 191 Section 3. Paragraph (a) of subsection (4) of section 192 951.23, Florida Statutes, is amended to read: 193 951.23 County and municipal detention facilities; 194 definitions; administration; standards and requirements.— 195 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 196 OFFICERS.— 197 (a)
There shall be establishedA five-member working group 198 is established which consists consistingof three persons 199 appointed by the Florida Sheriffs Association and two persons 200 appointed by the Florida Association of Counties to develop 201 model standards for county and municipal detention facilities. 202 At a minimum By October 1, 1996, each sheriff and chief 203 correctional officer shall adopt , at a minimum,the model 204 standards with reference to: 205 1.a. The construction, equipping, maintenance, and 206 operation of county and municipal detention facilities. 207 b. The cleanliness and sanitation of county and municipal 208 detention facilities; the number of county and municipal 209 prisoners who may be housed therein per specified unit of floor 210 space; the quality, quantity, and supply of bedding furnished to 211 such prisoners; the quality, quantity, and diversity of food 212 served to them and the manner in which it is served; the 213 furnishing to them of medical attention and health and comfort 214 items; and the disciplinary treatment that whichmay be meted 215 out to them. 216 217 Notwithstanding the provisions of the otherwise applicable 218 building code, a reduced custody housing area may be occupied by 219 inmates or may be used for sleeping purposes as allowed in 220 subsection (7). The sheriff or chief correctional officer shall 221 provide that a reduced custody housing area shall be governed by 222 fire and life safety standards which do not interfere with the 223 normal use of the facility and which affect a reasonable degree 224 of compliance with rules of the State Fire Marshal for 225 correctional facilities. 226 2. The confinement of prisoners by classification and 227 providing, whenever possible, for classifications that which228 separate males from females, juveniles from adults, felons from 229 misdemeanants, and those awaiting trial from those convicted 230 and, in addition, providing for the separation of special risk 231 prisoners, such as the mentally ill, alcohol or narcotic 232 addicts, sex deviates, suicide risks, and any other 233 classification which the local unit may deem necessary for the 234 safety of the prisoners and the operation of the facility 235 pursuant to degree of risk and danger criteria. Nondangerous 236 felons may be housed with misdemeanants. 237 3. The confinement of prisoners, in compliance with s. 238 944.175. 239 Section 4. Paragraph (b) of subsection (9) of section 240 985.601, Florida Statutes, is amended to read: 241 985.601 Administering the juvenile justice continuum.— 242 (9) 243 (b) The department shall adopt rules prescribing standards 244 and requirements with reference to: 245 1. The construction, equipping, maintenance, staffing, 246 programming, and operation of detention facilities; 247 2. The treatment, training, and education of children 248 confined in detention facilities; 249 3. The cleanliness and sanitation of detention facilities; 250 4. The number of children who may be housed in detention 251 facilities per specified unit of floor space; 252 5. The quality, quantity, and supply of bedding furnished 253 to children housed in detention facilities; 254 6. The quality, quantity, and diversity of food served in 255 detention facilities and the manner in which it is served; 256 7. The furnishing of medical attention and health and 257 comfort items in detention facilities; and258 8. The disciplinary treatment administered in detention 259 facilities; and 260 9. The use of restrictive confinement for prisoners, in 261 compliance with s. 944.175. 262 Section 5. For the purpose of incorporating the amendment 263 made by this act to section 944.09, Florida Statutes, in a 264 reference thereto, subsection (1) of section 944.279, Florida 265 Statutes, is reenacted to read: 266 944.279 Disciplinary procedures applicable to prisoner for 267 filing frivolous or malicious actions or bringing false 268 information before court.— 269 (1) At any time, and upon its own motion or on motion of a 270 party, a court may conduct an inquiry into whether any action or 271 appeal brought by a prisoner was brought in good faith. A 272 prisoner who is found by a court to have brought a frivolous or 273 malicious suit, action, claim, proceeding, or appeal in any 274 court of this state or in any federal court, which is filed 275 after June 30, 1996, or to have brought a frivolous or malicious 276 collateral criminal proceeding, which is filed after September 277 30, 2004, or who knowingly or with reckless disregard for the 278 truth brought false information or evidence before the court, is 279 subject to disciplinary procedures pursuant to the rules of the 280 Department of Corrections. The court shall issue a written 281 finding and direct that a certified copy be forwarded to the 282 appropriate institution or facility for disciplinary procedures 283 pursuant to the rules of the department as provided in s. 284 944.09. 285 Section 6. This act shall take effect July 1, 2020.
|01/14/2020||Senate||Introduced -SJ 58|
|11/21/2019||Senate||Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations -SJ 58|