Bill Text: FL S0228 | 2020 | Regular Session | Introduced


Bill Title: Youth in Solitary Confinement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-09-06 - Filed [S0228 Detail]

Download: Florida-2020-S0228-Introduced.html
       Florida Senate - 2020                                     SB 228
       
       
        
       By Senator Thurston
       
       
       
       
       
       33-00428-20                                            2020228__
    1                        A bill to be entitled                      
    2         An act relating to youth in solitary confinement;
    3         creating s. 958.155, F.S.; providing a short title;
    4         defining terms; prohibiting the Department of
    5         Corrections or a local governmental body from
    6         subjecting youth prisoners to solitary confinement
    7         except under certain circumstances; limiting cell
    8         confinement of all youth prisoners; providing
    9         protection for youth prisoners held in emergency cell
   10         confinement; prohibiting youth prisoners from being
   11         subjected to emergency cell confinement under certain
   12         circumstances; requiring facility staff to document
   13         placements of youth prisoners in emergency cell
   14         confinement; requiring that within a specified time
   15         and at specified intervals a mental health clinician
   16         perform a face-to-face evaluation of youth prisoners
   17         who are subjected to emergency cell confinement;
   18         requiring each evaluation to be documented; requiring
   19         facility staff to perform visual checks of youth
   20         prisoners in emergency cell confinement at specified
   21         intervals; requiring each visual check to be
   22         documented; providing for an individualized suicide
   23         crisis intervention plan for certain youth prisoners,
   24         if applicable; requiring youth prisoners to be
   25         transported to a mental health receiving facility if
   26         such prisoner’s suicide risk is not resolved within a
   27         certain timeframe; requiring that youth prisoners in
   28         emergency cell confinement be allotted services and
   29         other benefits that are made available to prisoners in
   30         the general prison population; providing for the
   31         protection of youth prisoners in disciplinary cell
   32         confinement; prohibiting youth prisoners from being
   33         subjected to disciplinary cell confinement for longer
   34         than a certain duration; requiring staff to perform
   35         visual checks of youth prisoners in disciplinary cell
   36         confinement at specified intervals; requiring each
   37         visual check to be documented; requiring that youth
   38         prisoners in disciplinary cells be allotted services
   39         and other benefits that are made available to
   40         prisoners in the general prison population; providing
   41         reduced isolation for youth prisoners in protective
   42         custody; requiring the department and the board of
   43         county commissioners of each county that administers a
   44         detention facility or jail to review their policies
   45         relating to youth prisoners to evaluate whether the
   46         policies are necessary; requiring the department and
   47         the boards of county commissioners to certify
   48         compliance in a report to the Governor and Legislature
   49         by a specified date; requiring the department and the
   50         boards of county commissioners to adopt policies and
   51         procedures; providing construction; amending s.
   52         944.09, F.S.; authorizing the department to adopt
   53         rules; amending s. 951.23, F.S.; requiring sheriffs
   54         and chief correctional officers to adopt model
   55         standards relating to youth prisoners; reenacting s.
   56         944.279(1), F.S., relating to disciplinary procedures
   57         applicable to a prisoner for filing frivolous or
   58         malicious actions or bringing false information before
   59         a court, to incorporate the amendment made to s.
   60         944.09, F.S., in a reference thereto; providing an
   61         effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 958.155, Florida Statutes, is created to
   66  read:
   67         958.155Youthful offenders in solitary confinement.—
   68         (1) SHORT TITLE.—This section may be cited as the “Youth in
   69  Solitary Confinement Reduction Act.”
   70         (2) DEFINITIONS.—As used in this section, the term:
   71         (a) “Disciplinary cell confinement” means a disciplinary
   72  sanction for a major rule violation in which a youth who is
   73  found guilty of committing such violation is confined to a cell
   74  for a specified time.
   75         (b) “Emergency cell confinement” means the confinement to a
   76  cell of a youth who needs to be temporarily removed from the
   77  general population of prisoners because he or she presents an
   78  immediate, serious danger to the security or safety of himself
   79  or herself or others.
   80         (c) “Major rule violation” means an act that:
   81         1. Is an act of violence which results in or is likely to
   82  result in serious injury or death to another;
   83         2. Occurs in connection with an act of nonconsensual sex;
   84         3. Consists of two or more discrete acts that cause serious
   85  disruption to the security or order of the detention center or
   86  facility operations; or
   87         4. Is an escape, attempted escape, or conspiracy to escape
   88  from within a security perimeter or from custody or both.
   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 a status for a youth who
   97  requires protection because he or she is in danger of being
   98  victimized by other prisoners in the facility. The term includes
   99  time spent under this status pending review of the youth’s
  100  request for protection.
  101         (g) “Solitary confinement” means involuntary confinement in
  102  a cell in isolation for more than 20 hours a day.
  103         (h) “Youth” means a person who is younger than 18 years of
  104  age, or a person who is sentenced as a “youthful offender” by a
  105  court or is classified as such by the department pursuant to
  106  this chapter.
  107         (3)PROTECTING YOUTH FROM SOLITARY CONFINEMENT.—A youth
  108  prisoner who is held under the jurisdiction of the department or
  109  a local governmental body in this state may not be placed in
  110  solitary confinement, except as provided in this section. Cell
  111  confinement of all youth prisoners is limited to the types and
  112  parameters of confinement specified in this section.
  113         (4) PROTECTING YOUTH HELD IN EMERGENCY CELL CONFINEMENT.—
  114         (a) A youth prisoner may be placed in emergency cell
  115  confinement for a period not to exceed 24 hours.
  116         (b) A youth prisoner may not be placed in emergency cell
  117  confinement unless all other less restrictive options have been
  118  exhausted. Facility staff must document the placement of a youth
  119  prisoner in emergency cell confinement and include the
  120  justification for the placement and all the attempts for other
  121  less restrictive options before the placement.
  122         (c) A youth prisoner may be placed in emergency cell
  123  confinement for the shortest time required to address the safety
  124  risk and may not be held in such confinement if a mental health
  125  clinician determines that the confinement is detrimental to the
  126  youth’s mental or physical health.
  127         (d) A youth prisoner who is placed in emergency cell
  128  confinement must be evaluated face to face by a mental health
  129  clinician within 1 hour after placement and at least every 4
  130  hours thereafter to determine if the youth should remain in
  131  emergency cell confinement. The mental health clinician shall
  132  document each evaluation and shall include the reason for
  133  continued placement in emergency cell confinement.
  134         (e) During the time a youth prisoner is placed in emergency
  135  cell confinement, the facility staff shall conduct visual checks
  136  at least four times an hour and not longer than 15 minutes
  137  apart. During the time a youth is awake, the staff shall speak
  138  to the youth during the visual checks. After each visual check,
  139  the staff shall document the status of the youth.
  140         (f) Within 4 hours after placing a youth prisoner who has
  141  exhibited suicidal behavior or committed acts of self-harm in
  142  emergency cell confinement, a mental health clinician shall
  143  implement an individualized suicide crisis intervention plan for
  144  the youth prisoner and closely monitor the youth prisoner’s
  145  condition in order to reduce or eliminate the risk of self-harm.
  146  If the youth’s suicide risk is not resolved within 24 hours, the
  147  youth must be moved to a mental health receiving facility.
  148         (g) A youth prisoner who is placed in emergency cell
  149  confinement shall be provided:
  150         1. At least 1 hour of daily out-of-cell large-muscle
  151  exercise that includes access to outdoor recreation when the
  152  weather allows; and
  153         2. Access to the same meals and drinking water, medical
  154  treatment, contact with parents and legal guardians, and legal
  155  assistance as provided to prisoners in the general population.
  156         (5) PROTECTING YOUTH HELD IN DISCIPLINARY CELL
  157  CONFINEMENT.—
  158         (a) A youth prisoner may be placed in disciplinary cell
  159  confinement by himself or herself for a period not to exceed 72
  160  hours.
  161         (b) During the time a youth prisoner is placed in
  162  disciplinary cell confinement in a cell by himself or herself,
  163  the facility staff shall conduct visual checks at least four
  164  times an hour and not longer than 15 minutes apart. During the
  165  time the youth is awake, the staff shall speak to the youth
  166  during the visual checks. After each visual check, the staff
  167  shall document the status of the youth.
  168         (c) A youth prisoner who is placed in disciplinary cell
  169  confinement shall be provided:
  170         1. At least 2 hours of daily out-of-cell large-muscle
  171  exercise that includes access to outdoor recreation when the
  172  weather allows;
  173         2. Daily showers; and
  174         3. Access to the same meals and drinking water, clothing,
  175  medical treatment, educational services, correspondence
  176  privileges, contact with parents and legal guardians, and legal
  177  assistance as provided to prisoners in the general population.
  178         (6)REDUCING ISOLATION FOR YOUTH WHO REQUIRE PROTECTIVE
  179  CUSTODY.—If a youth prisoner is placed in protective custody,
  180  the restrictions to which the youth prisoner is subjected due to
  181  such custody status must be the least restrictive to maintain
  182  the safety of the youth prisoner and the facility. At a minimum,
  183  such youth prisoner shall have access to:
  184         (a) Educational and programming opportunities consistent
  185  with the youth prisoner’s safety and security and any federal
  186  and state law requirements;
  187         (b) At least 5 hours a day of out-of-cell time, including a
  188  minimum of 2 hours of daily out-of-cell large-muscle exercise
  189  that includes access to outdoor recreation when the weather
  190  allows;
  191         (c) The same meals and drinking water, clothing, and
  192  medical treatment as provided to prisoners in the general
  193  population;
  194         (d) Personal property, including televisions and radios,
  195  and access to books, magazines, and other printed materials;
  196         (e) Daily showers;
  197         (f) The law library; and
  198         (g) The same correspondence privileges and number of visits
  199  and phone calls allowed to prisoners in the general population,
  200  including, but not limited to, the same contact with parents and
  201  legal guardians and the same legal assistance.
  202         (7) IMPLEMENTATION.—
  203         (a) The department and the board of county commissioners of
  204  each county that administers a detention facility or jail shall
  205  review their policies relating to youth prisoners in solitary
  206  confinement or protective custody to determine if such policies
  207  are necessary. The department and the board of county
  208  commissioners of each county that administers a detention
  209  facility or jail shall certify compliance with this section in a
  210  report that the department and the commission shall submit to
  211  the Governor, the President of the Senate, and the Speaker of
  212  the House of Representatives by January 1, 2020. The department
  213  and the board of county commissioners of each such county shall
  214  adopt policies and procedures necessary to administer this act.
  215         (b) To the extent that this section conflicts with any
  216  other provision of law relating to youth prisoners in this
  217  state, the provisions that afford the greater or additional
  218  protections to youth prisoners in this state shall prevail.
  219         Section 2. Paragraph (s) is added to subsection (1) of
  220  section 944.09, Florida Statutes, to read:
  221         944.09 Rules of the department; offenders, probationers,
  222  and parolees.—
  223         (1) The department has authority to adopt rules pursuant to
  224  ss. 120.536(1) and 120.54 to implement its statutory authority.
  225  The rules must include rules relating to:
  226         (s) Disciplinary procedures and punishment for youth
  227  prisoners in compliance with the Youth in Solitary Confinement
  228  Reduction Act.
  229         Section 3. Paragraph (a) of subsection (4) of section
  230  951.23, Florida Statutes, is amended to read:
  231         951.23 County and municipal detention facilities;
  232  definitions; administration; standards and requirements.—
  233         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  234  OFFICERS.—
  235         (a) There shall be established a five-member working group
  236  consisting of three persons appointed by the Florida Sheriffs
  237  Association and two persons appointed by the Florida Association
  238  of Counties to develop model standards for county and municipal
  239  detention facilities. By October 1, 1996, Each sheriff and chief
  240  correctional officer shall adopt, at a minimum, the model
  241  standards with reference to:
  242         1.a. The construction, equipping, maintenance, and
  243  operation of county and municipal detention facilities.
  244         b. The cleanliness and sanitation of county and municipal
  245  detention facilities; the number of county and municipal
  246  prisoners who may be housed therein per specified unit of floor
  247  space; the quality, quantity, and supply of bedding furnished to
  248  such prisoners; the quality, quantity, and diversity of food
  249  served to them and the manner in which it is served; the
  250  furnishing to them of medical attention and health and comfort
  251  items; and the disciplinary treatment that which may be meted
  252  out to them.
  253  
  254  Notwithstanding the provisions of the otherwise applicable
  255  building code, a reduced custody housing area may be occupied by
  256  inmates or may be used for sleeping purposes as allowed in
  257  subsection (7). The sheriff or chief correctional officer shall
  258  provide that a reduced custody housing area shall be governed by
  259  fire and life safety standards that which do not interfere with
  260  the normal use of the facility and that which affect a
  261  reasonable degree of compliance with rules of the State Fire
  262  Marshal for correctional facilities.
  263         2. The confinement of prisoners by classification and
  264  providing, whenever possible, for classifications that which
  265  separate males from females, juveniles from adults, felons from
  266  misdemeanants, and those awaiting trial from those convicted
  267  and, in addition, providing for the separation of special risk
  268  prisoners, such as the mentally ill, alcohol or narcotic
  269  addicts, sex deviates, suicide risks, and any other
  270  classification that which the local unit may deem necessary for
  271  the safety of the prisoners and the operation of the facility
  272  pursuant to degree of risk and danger criteria. Nondangerous
  273  felons may be housed with misdemeanants.
  274         3. The confinement of prisoners by classification and
  275  providing for classifications that comply with the Youth in
  276  Solitary Confinement Reduction Act.
  277         Section 4. For the purpose of incorporating the amendment
  278  made by this act to section 944.09, Florida Statutes, in a
  279  reference thereto, subsection (1) of section 944.279, Florida
  280  Statutes, is reenacted to read:
  281         944.279 Disciplinary procedures applicable to prisoner for
  282  filing frivolous or malicious actions or bringing false
  283  information before court.—
  284         (1) At any time, and upon its own motion or on motion of a
  285  party, a court may conduct an inquiry into whether any action or
  286  appeal brought by a prisoner was brought in good faith. A
  287  prisoner who is found by a court to have brought a frivolous or
  288  malicious suit, action, claim, proceeding, or appeal in any
  289  court of this state or in any federal court, which is filed
  290  after June 30, 1996, or to have brought a frivolous or malicious
  291  collateral criminal proceeding, which is filed after September
  292  30, 2004, or who knowingly or with reckless disregard for the
  293  truth brought false information or evidence before the court, is
  294  subject to disciplinary procedures pursuant to the rules of the
  295  Department of Corrections. The court shall issue a written
  296  finding and direct that a certified copy be forwarded to the
  297  appropriate institution or facility for disciplinary procedures
  298  pursuant to the rules of the department as provided in s.
  299  944.09.
  300         Section 5. This act shall take effect July 1, 2020.

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