Florida Senate - 2019                                    SB 1402
       By Senator Farmer
       34-01129A-19                                          20191402__
    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 inmate’s 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 the records; requiring the
   18         department to provide a report to the Department of
   19         Law Enforcement; providing that an inmate is entitled
   20         to a review of his or her placement in restrictive
   21         confinement by a specified review committee within a
   22         specified timeframe; amending s. 944.09, F.S.;
   23         authorizing the Department of Corrections 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; reenacting s. 944.279(1),
   29         F.S., relating to disciplinary procedures applicable
   30         to a prisoner for filing frivolous or malicious
   31         actions or bringing false information before a court,
   32         to incorporate the amendment made to s. 944.09, F.S.,
   33         in a reference thereto; providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 944.175, Florida Statutes, is created to
   38  read:
   39         944.175 Restrictions on the use of confinement.—
   40         (1) DEFINITIONS.—As used in this section, the term:
   41         (a) “Exigent circumstances” means circumstances that pose
   42  an immediate and substantial threat to the safety of an inmate
   43  or a correctional staff member.
   44         (b) “Inmate” means a person in the custody of the
   45  department who is 18 years of age or older.
   46         (c) “Mental health professional” means a psychiatrist,
   47  psychologist, social worker, or nurse practitioner.
   48         (d) “Restrictive confinement” means the involuntary
   49  placement of an inmate in a cell alone or with other inmates in
   50  substantial isolation for more than 20 hours per day.
   51         (e) “Solitary confinement” means the involuntary placement
   52  of an inmate in a cell alone or with other inmates in
   53  substantial isolation for more than 22 hours per day.
   54         (f) “Young adult” means a person in the custody of the
   55  department who is at least 18 years of age but is not yet 21
   56  years of age.
   57         (g) “Youth” means a person in the custody of the department
   58  who is under 18 years of age.
   60  inmate may not be placed in solitary confinement.
   62  inmate may not be placed in restrictive confinement except in
   63  exigent circumstances, when such placement will significantly
   64  reduce the safety threat that the exigent circumstances created.
   65  An inmate may not be confined for any period of time to an
   66  individual cell as a consequence for noncompliance, punishment,
   67  harassment, or in retaliation for an inmate’s conduct. If
   68  exigent circumstances exist and the inmate is placed in
   69  restrictive confinement, the inmate:
   70         (a) May not be housed in restrictive confinement for more
   71  than 15 consecutive days;
   72         (b) May not be housed in restrictive confinement for more
   73  than 20 days in a 60-day period;
   74         (c) May be held in restrictive confinement only until the
   75  substantial threat to the safety of an inmate or a correctional
   76  staff member has ended and must be under the least restrictive
   77  conditions practicable, in relation to the exigent circumstances
   78  necessitating the use of restrictive confinement. The
   79  confinement must include at least 4 hours of out-of-cell time
   80  every day;
   81         (d) Must be allowed to participate in meaningful
   82  programming opportunities and privileges that are consistent
   83  with those available to the general inmate population, as
   84  practicable. The programming opportunities and privileges may
   85  take place individually or in a classroom setting;
   86         (e) Must be allowed to have as much meaningful interaction
   87  with others, such as other inmates, visitors, clergymen, or
   88  licensed mental health professionals, as practicable; and
   89         (f) Must be evaluated by a licensed mental health
   90  professional at least once every 24 hours to determine if the
   91  inmate should remain in restrictive confinement or if the inmate
   92  should be removed from restrictive confinement to prevent a
   93  serious risk of harm to the inmate. The licensed mental health
   94  professional who conducts the mental health evaluation shall
   95  document each evaluation. The documented evaluation must be
   96  placed in the inmate’s records. If the licensed mental health
   97  professional determines that continued housing in restrictive
   98  confinement poses a serious risk of harm to the inmate, the
   99  inmate must be removed from restrictive confinement within 24
  100  hours after the determination.
  102  PROHIBITED.—An inmate may not be placed in restrictive
  103  confinement because he or she is a member of a vulnerable
  104  population, including an inmate who is lesbian, gay, bisexual,
  105  transgender, intersex, or gender nonconforming, and the inmate
  106  has been placed in restrictive confinement solely on the basis
  107  of such identification or status.
  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 youth’s or young adult’s 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 have been
  115  exhausted, including less restrictive techniques such as
  116  penalizing the youth or young adult through loss of privileges,
  117  speaking with the youth or young adult in an attempt to resolve
  118  the situation, and having a licensed mental health professional
  119  provide an appropriate level of care; and
  120         3. If the youth or young adult poses a substantial and
  121  immediate threat to others, such confinement extends only to the
  122  time necessary for the youth or young adult to regain self
  123  control. The confinement may not exceed 3 hours. Within 1 hour
  124  of such placement, a licensed mental health professional shall
  125  approve or disapprove of holding the youth or young adult past
  126  the initial hour of confinement. The licensed mental health
  127  professional shall make such determination every hour thereafter
  128  in order to continue the confinement.
  129         (b) If, after the applicable maximum period of confinement
  130  under subparagraph (a)3. has expired and the youth or young
  131  adult continues to pose a substantial and immediate threat, he
  132  or she must be transferred to another facility or to an internal
  133  location where services may be provided to the youth or young
  134  adult without relying on restrictive confinement. If a licensed
  135  mental health professional believes the level of crisis services
  136  needed is not currently available onsite, a staff member of the
  137  facility must initiate a referral to a location that will meet
  138  the needs of the youth or young adult.
  139         (6) INMATES WITH MEDICAL NEEDS.—An inmate who has a serious
  140  mental illness, has an intellectual disability, has a physical
  141  disability that a licensed medical health professional
  142  determines is likely to be exacerbated by placement in
  143  restrictive confinement, is pregnant or in the first 8 weeks of
  144  postpartum recovery, or has been determined by a licensed mental
  145  health professional to likely be significantly and adversely
  146  affected by placement in restrictive confinement may not be
  147  placed in restrictive confinement unless all of the following
  148  apply:
  149         (a) The inmate poses a substantial and immediate threat.
  150         (b) All other options to deescalate the situation have been
  151  exhausted, including less restrictive techniques such as
  152  penalizing the inmate through loss of privileges, speaking with
  153  the inmate in an attempt to resolve the situation, or having a
  154  licensed mental health professional provide an appropriate level
  155  of care.
  156         (c) Such confinement extends only until the substantial and
  157  immediate threat has ended and is limited to the least
  158  restrictive conditions practicable. The inmate shall have access
  159  to medical care and mental health treatment during such
  160  confinement.
  161         (d) Such confinement is reviewed by a multidisciplinary
  162  staff committee for appropriateness every 24 hours after such
  163  confinement begins.
  164         (e) As soon as practicable, but within at least 5 days
  165  after such confinement begins, the inmate is diverted, upon
  166  release from restrictive confinement, to a general population
  167  unit or a mental health treatment program.
  168         (7) REPORTING.—The facility must keep records on each use
  169  of restrictive confinement under subsections (5) and (6). The
  170  warden of the facility must review the records each month, and
  171  the department must provide a report on such review to the
  172  Department of Law Enforcement each month.
  173         (8)REVIEW.An inmate who is placed in restrictive
  174  confinement is entitled to a review of his or her initial
  175  placement and any extension of restrictive confinement within 72
  176  hours after first being placed in restrictive confinement. The
  177  review must be conducted by a multidisciplinary staff committee
  178  consisting of at least one of each of the following:
  179         (a) A licensed mental health professional.
  180         (b) A licensed medical professional.
  181         (c) A member of the leadership of the facility.
  182         Section 2. Paragraph (s) is added to subsection (1) of
  183  section 944.09, Florida Statutes, to read:
  184         944.09 Rules of the department; offenders, probationers,
  185  and parolees.—
  186         (1) The department has authority to adopt rules pursuant to
  187  ss. 120.536(1) and 120.54 to implement its statutory authority.
  188  The rules must include rules relating to:
  189         (s) Inmate confinement in compliance with s. 944.175.
  190         Section 3. Paragraph (a) of subsection (4) of section
  191  951.23, Florida Statutes, is amended to read:
  192         951.23 County and municipal detention facilities;
  193  definitions; administration; standards and requirements.—
  195  OFFICERS.—
  196         (a) There shall be established A five-member working group
  197  is established which consists consisting of three persons
  198  appointed by the Florida Sheriffs Association and two persons
  199  appointed by the Florida Association of Counties to develop
  200  model standards for county and municipal detention facilities.
  201  At a minimum By October 1, 1996, each sheriff and chief
  202  correctional officer shall adopt, at a minimum, the model
  203  standards with reference to:
  204         1.a. The construction, equipping, maintenance, and
  205  operation of county and municipal detention facilities.
  206         b. The cleanliness and sanitation of county and municipal
  207  detention facilities; the number of county and municipal
  208  prisoners who may be housed therein per specified unit of floor
  209  space; the quality, quantity, and supply of bedding furnished to
  210  such prisoners; the quality, quantity, and diversity of food
  211  served to them and the manner in which it is served; the
  212  furnishing to them of medical attention and health and comfort
  213  items; and the disciplinary treatment that which may be meted
  214  out to them.
  216  Notwithstanding the provisions of the otherwise applicable
  217  building code, a reduced custody housing area may be occupied by
  218  inmates or may be used for sleeping purposes as allowed in
  219  subsection (7). The sheriff or chief correctional officer shall
  220  provide that a reduced custody housing area shall be governed by
  221  fire and life safety standards which do not interfere with the
  222  normal use of the facility and which affect a reasonable degree
  223  of compliance with rules of the State Fire Marshal for
  224  correctional facilities.
  225         2. The confinement of prisoners by classification and
  226  providing, whenever possible, for classifications that which
  227  separate males from females, juveniles from adults, felons from
  228  misdemeanants, and those awaiting trial from those convicted
  229  and, in addition, providing for the separation of special risk
  230  prisoners, such as the mentally ill, alcohol or narcotic
  231  addicts, sex deviates, suicide risks, and any other
  232  classification which the local unit may deem necessary for the
  233  safety of the prisoners and the operation of the facility
  234  pursuant to degree of risk and danger criteria. Nondangerous
  235  felons may be housed with misdemeanants.
  236         3. The confinement of prisoners, in compliance with s.
  237  944.175.
  238         Section 4. Paragraph (b) of subsection (9) of section
  239  985.601, Florida Statutes, is amended to read:
  240         985.601 Administering the juvenile justice continuum.—
  241         (9)
  242         (b) The department shall adopt rules prescribing standards
  243  and requirements with reference to:
  244         1. The construction, equipping, maintenance, staffing,
  245  programming, and operation of detention facilities;
  246         2. The treatment, training, and education of children
  247  confined in detention facilities;
  248         3. The cleanliness and sanitation of detention facilities;
  249         4. The number of children who may be housed in detention
  250  facilities per specified unit of floor space;
  251         5. The quality, quantity, and supply of bedding furnished
  252  to children housed in detention facilities;
  253         6. The quality, quantity, and diversity of food served in
  254  detention facilities and the manner in which it is served;
  255         7. The furnishing of medical attention and health and
  256  comfort items in detention facilities; and
  257         8. The disciplinary treatment administered in detention
  258  facilities; and
  259         9. The use of restrictive confinement for prisoners, in
  260  compliance with s. 944.175.
  261         Section 5. For the purpose of incorporating the amendment
  262  made by this act to section 944.09, Florida Statutes, in a
  263  reference thereto, subsection (1) of section 944.279, Florida
  264  Statutes, is reenacted to read:
  265         944.279 Disciplinary procedures applicable to prisoner for
  266  filing frivolous or malicious actions or bringing false
  267  information before court.—
  268         (1) At any time, and upon its own motion or on motion of a
  269  party, a court may conduct an inquiry into whether any action or
  270  appeal brought by a prisoner was brought in good faith. A
  271  prisoner who is found by a court to have brought a frivolous or
  272  malicious suit, action, claim, proceeding, or appeal in any
  273  court of this state or in any federal court, which is filed
  274  after June 30, 1996, or to have brought a frivolous or malicious
  275  collateral criminal proceeding, which is filed after September
  276  30, 2004, or who knowingly or with reckless disregard for the
  277  truth brought false information or evidence before the court, is
  278  subject to disciplinary procedures pursuant to the rules of the
  279  Department of Corrections. The court shall issue a written
  280  finding and direct that a certified copy be forwarded to the
  281  appropriate institution or facility for disciplinary procedures
  282  pursuant to the rules of the department as provided in s.
  283  944.09.
  284         Section 6. This act shall take effect July 1, 2019.