Bill Text: FL S1696 | 2024 | Regular Session | Introduced
Bill Title: Annual Study of the Use of Restrictive Housing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S1696 Detail]
Download: Florida-2024-S1696-Introduced.html
Florida Senate - 2024 SB 1696 By Senator Powell 24-01397-24 20241696__ 1 A bill to be entitled 2 An act relating to an annual study of the use of 3 restrictive housing; creating s. 944.022, F.S.; 4 requiring the Office of Program Policy Analysis and 5 Government Accountability to conduct an annual study 6 on the use of restrictive housing for all prisoners in 7 the state correctional system; specifying the types of 8 restrictive housing placements to be studied; 9 requiring that the annual study include specified data 10 per certain age groups and categories as it relates to 11 the uses of restrictive housing, to include the 12 frequency and duration, demographic information, the 13 conditions of restrictive housing, mental health, 14 economic data, and program questions; requiring state 15 agencies and contractors that receive state funds to 16 comply with requests from the office; requiring the 17 office, beginning on a specified date and annually 18 thereafter, to submit a report to the Governor and the 19 Legislature; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 944.022, Florida Statutes, is created to 24 read: 25 944.022 Ongoing, annual study on the use of restrictive 26 housing.—The Office of Program Policy Analysis and Government 27 Accountability shall conduct an annual study on the use of 28 restrictive housing for all prisoners in the state correctional 29 system. The restrictive housing placements to be studied 30 include, but are not limited to, maximum management, 31 disciplinary confinement, close management I, II, and III, and 32 administrative confinement pursuant to pursuant to rule 33 33 602.220, Florida Administrative Code. These restrictive housing 34 examples are typically described as solitary confinement. The 35 restrictive housing placements to be studied must include 36 individuals placed in single cells and double cells. 37 (1) The annual study must include all of the following 38 data, disaggregated per individuals under 18 years of age, per 39 individuals 18 to 21 years of age, per individuals 22 to 49 40 years of age, and per individuals 50 years of age and older; 41 disaggregated per correctional facility; disaggregated per type 42 of restrictive housing; and aggregated per total of the 43 Department of Corrections, as follows: 44 (a) Frequency and duration.— 45 1. The total number of individuals placed in any type of 46 restrictive housing. 47 2. The total number of monthly restrictive housing 48 placements at each facility, including by type of restrictive 49 housing. 50 3. The duration of each individual’s placement in 51 restrictive housing, including the total number of consecutive 52 days any individual is continuously assigned to any type of 53 restrictive housing and the number of consecutive days an 54 individual is continuously assigned to each type of restrictive 55 housing. 56 4. The reason each individual is placed in restrictive 57 housing. 58 5. The frequency at which each individual is placed in any 59 type of restrictive housing during the year. 60 (b) Demographic information.—For each individual placed in 61 restrictive housing during the year: 62 1. The individual’s gender, race, ethnicity, and age at the 63 time of entering restrictive housing. 64 2. Whether each individual placed in restrictive housing 65 has any known qualifying disability under the federal Americans 66 with Disabilities Act, including, but not limited to, mental 67 illnesses, sensory disabilities, mobility disabilities, 68 intellectual disabilities, neurological disabilities, or chronic 69 medical conditions, and if so, which disabilities. 70 3. Whether each individual placed in restrictive housing 71 has any known developmental disabilities, including, but not 72 limited to, autism spectrum disorder, intellectual disabilities, 73 or learning disorders, and, if so, which developmental 74 disabilities. 75 (c) Conditions of restrictive housing.— 76 1. Which, if any, alternative strategies were employed 77 before the use of restrictive housing. 78 2. Which, if any, mental health interventions were used 79 during restrictive housing. 80 3. How often security checks were conducted by correctional 81 staff for individuals in restrictive housing. 82 4. The frequency and duration of each medical check for 83 individuals in restrictive housing, as determined through video 84 review. 85 5. The frequency of restrictions on property or removal of 86 inmate property as outlined in rule 33-602.201, Florida 87 Administrative Code, during restrictive housing. If there are 88 any restrictions or removals, the reasons for the property 89 restriction or removal, the duration of the property restriction 90 or removal, and the type of property restricted or removed, such 91 as a mattress, sheets, clothes, or personal property. 92 6. The number of accommodations requests pursuant to the 93 Americans with Disabilities Act during restrictive housing and 94 the number of accommodations provided. 95 7. The conditions of restrictive housing in each facility, 96 including, but not limited to, air conditioning and access to 97 legal phone calls, reading materials, adequate nutrition, 98 clothing, medicine or medical attention, showers, and hygienic 99 supplies. 100 8. The size of each room used for restrictive housing. 101 9. For individuals under the age of 18 placed in 102 restrictive housing, whether they had an individual education 103 plan when they entered restrictive housing and, if so, whether 104 they had access to all of the support services, accommodations, 105 and modifications included in the individual education plan 106 during restrictive housing. 107 (d) Mental health.—This study shall analyze all of the 108 following: 109 1. If and how being placed in restrictive housing impacts 110 an individual’s mental health, including the severity of mental 111 illness before, during, and after restrictive housing. 112 2. The number of placements in Self-Harm Observation Status 113 and the number of instances of self-injurious behavior, 114 including self-mutilations and other types of self-harm that 115 occurred during restrictive housing. 116 3. The number of placements in inpatient mental health 117 treatment, including crisis stabilization units, transitional 118 care units, and mental health treatment facilities. 119 4. The number of attempted suicides that occurred in 120 restrictive housing. 121 5. The number of suicides that occurred during restrictive 122 housing. 123 6. The number of psychological autopsies conducted on 124 individuals who had been placed in restrictive housing. 125 (e) Economic data.—Assuming the Department of Corrections’ 126 compliance with all policies and regulations, all of the 127 following: 128 1. The average yearly cost of housing individuals in 129 maximum management versus the average yearly cost of housing 130 individuals in the general population. 131 2. The average yearly cost of housing individuals in 132 disciplinary confinement versus the average yearly cost of 133 housing individuals in the general population. 134 3. The average yearly cost of housing individuals in close 135 management versus the average yearly cost of housing individuals 136 in the general population. 137 4. The average yearly cost of housing individuals in 138 administrative confinement versus the average yearly cost of 139 housing individuals in the general population. 140 5. The average yearly cost of housing individuals in 141 maximum management, disciplinary confinement, close management, 142 and administrative confinement versus the average yearly cost of 143 housing individuals in the general population. 144 6. If the Department of Corrections calculates the costs of 145 restrictive housing, state the methodology used by the 146 department to measure the costs of restrictive housing. 147 (f) Program questions.— 148 1. Whether restrictive housing is more or less expensive 149 than the cost of housing an individual in the general 150 population. 151 2. Whether the recidivism rate after 3 years is different 152 for individuals who spent time in restrictive housing than for 153 individuals who did not. 154 3. How being placed in isolation impacts an individual’s 155 mental health. 156 (2) All state agencies and contractors that receive state 157 funds of any kind shall comply with each request for data and 158 information from the Office of Program Policy Analysis and 159 Government Accountability. By July 1 of each year, beginning in 160 2025, the Office of Program Policy Analysis and Government 161 Accountability shall report its findings to the Governor, the 162 President of the Senate, and the Speaker of the House of 163 Representatives. 164 Section 2. This act shall take effect July 1, 2024.