Florida Senate - 2020                                     SB 436
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00110A-20                                            2020436__
    1                        A bill to be entitled                      
    2         An act relating to youth in confinement; creating s.
    3         945.425, F.S.; defining terms; prohibiting a youth
    4         from being placed in disciplinary confinement;
    5         authorizing a youth to be placed in emergency
    6         confinement if certain conditions are met; requiring
    7         facility staff to document such placement; requiring
    8         that, within a specified timeframe and at specified
    9         intervals, a mental health clinician conduct certain
   10         evaluations of a youth who is in emergency
   11         confinement; limiting the allowable length of time for
   12         emergency confinement; requiring specific treatment
   13         for a youth who is in emergency confinement;
   14         prohibiting the use of emergency confinement for
   15         certain purposes; authorizing a youth to be placed in
   16         medical confinement under certain circumstances;
   17         limiting the allowable length of time for medical
   18         confinement; requiring facility staff to document such
   19         confinement; requiring that, within a specified
   20         timeframe and at specified intervals, a medical
   21         professional conduct certain evaluations of a youth
   22         who is in medical confinement; prohibiting the use of
   23         medical confinement for certain purposes; requiring
   24         the Department of Corrections to review its policies
   25         and procedures relating to youth in confinement;
   26         requiring the department to certify compliance in a
   27         report to the Governor and Legislature by a specified
   28         date; requiring the department to adopt policies and
   29         procedures; providing applicability; amending s.
   30         951.23, F.S.; requiring sheriffs and chief
   31         correctional officers to adopt model standards
   32         relating to youth; amending s. 944.09, F.S.;
   33         authorizing the Department of Corrections to adopt
   34         rules; reenacting s. 944.279(1), F.S., relating to
   35         disciplinary procedures applicable to a prisoner for
   36         filing frivolous or malicious actions or bringing
   37         false information before a court, to incorporate the
   38         amendment made to s. 944.09, F.S., in a reference
   39         thereto; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 945.425, Florida Statutes, is created to
   44  read:
   45         945.425 Youth in confinement.—
   46         (1) DEFINITIONS.—As used in this section, the term:
   47         (a)Disciplinary confinement means the involuntary
   48  placement of a youth in an isolated room to separate the youth
   49  from the general inmate population as a disciplinary action for
   50  violating department rules.
   51         (b) “Emergency confinement” means the involuntary placement
   52  of a youth in an isolated room to separate that youth from the
   53  general inmate population and to remove that youth from a
   54  situation in which he or she presents an immediate and serious
   55  danger to the security or safety of himself or herself or
   56  others.
   57         (c) “Medical confinement” means the involuntary placement
   58  of a youth in an isolated room to separate that youth from the
   59  general inmate population to allow him or her to recover from an
   60  illness or to prevent the spread of a communicable disease.
   61         (d) “Mental health clinician” means a licensed
   62  psychiatrist, psychologist, social worker, mental health
   63  counselor, nurse practitioner, or physician assistant.
   64         (e) “Youth” means a person in the custody of the department
   65  who is under 19 years of age.
   66         (2) PROHIBITION ON THE USE OF CONFINEMENT.—
   67         (a)A youth may not be placed in disciplinary confinement.
   68         (b)A youth may be placed in emergency confinement pending
   69  a disciplinary hearing only if such confinement complies with
   70  this section.
   71         (c)This section does not prohibit the department from
   72  applying less restrictive penalties to a youth who is found in a
   73  disciplinary hearing to have committed a rule violation.
   74         (3) PROTECTING YOUTH IN EMERGENCY CONFINEMENT.—
   75         (a) A youth may be placed in emergency confinement if all
   76  of the following conditions are met:
   77         1. A nonphysical intervention with the youth would not be
   78  effective in preventing harm or danger to the youth or others.
   79         2. There is imminent risk of the youth physically harming
   80  himself or herself, staff, or others or the youth is engaged in
   81  major property destruction that is likely to compromise the
   82  security of the program or jeopardize the safety of the youth or
   83  others.
   84         3. All less-restrictive means have been exhausted.
   85         (b) Facility staff shall document the placement of a youth
   86  in emergency confinement. The documentation must include
   87  justification for the placement, in addition to a description of
   88  the less-restrictive options that the facility staff exercised
   89  before the youth was so placed.
   90         (c) A mental health clinician shall evaluate a youth who is
   91  placed in emergency confinement within 1 hour after the
   92  placement to ensure that the confinement is not detrimental to
   93  the mental or physical health of the youth. Following the
   94  initial evaluation, a mental health clinician shall conduct a
   95  face-to-face evaluation of the youth every 2 hours thereafter to
   96  determine whether the youth should remain in emergency
   97  confinement. The mental health clinician shall document each
   98  evaluation and provide justification for continued placement in
   99  emergency confinement.
  100         (d) A youth may not be placed in emergency confinement for
  101  more than 24 hours unless an extension is sought and obtained by
  102  a mental health clinician.
  103         1. If a mental health clinician determines that release of
  104  the youth would imminently threaten the safety of the youth or
  105  others, the mental health clinician may grant a one-time
  106  extension of 24 hours for continued placement in emergency
  107  confinement.
  108         2. If, at the conclusion of the 48-hour period, a mental
  109  health clinician determines that it is not safe for the youth to
  110  be released from emergency confinement, the facility staff must
  111  prepare to transfer the youth to a facility that is able to
  112  provide specialized treatment to address the youth’s needs.
  113         (e) A youth who is placed in emergency confinement must be
  114  provided access to the same meals and drinking water, clothing,
  115  medical treatment, contact with parents and legal guardians, and
  116  legal assistance as provided to youth in the general inmate
  117  population.
  118         (f) The use of emergency confinement is strictly prohibited
  119  for the purposes of punishment or discipline.
  120         (4) PROTECTING YOUTH IN MEDICAL CONFINEMENT.—
  121         (a) A youth may be placed in medical confinement if all of
  122  the following conditions are met:
  123         1. Isolation from the general inmate population and staff
  124  is required to allow the youth to rest and recover from his or
  125  her illness or to prevent the spread of a communicable disease.
  126         2. A medical professional deems such placement necessary.
  127         3. The use of other less-restrictive means would not be
  128  sufficient to allow the youth to recover from his or her illness
  129  or to prevent the spread of a communicable disease.
  130         (b) A youth may be placed in medical confinement for a
  131  period not to exceed the time necessary for the youth to recover
  132  from his or her illness or to prevent the spread of a
  133  communicable disease to other inmates or staff in the facility.
  134         (c) Facility staff shall document the placement of a youth
  135  in medical confinement. The documentation must include a medical
  136  professional’s justification for the placement.
  137         (d) A medical professional must conduct a face-to-face
  138  evaluation of a youth held in medical confinement at least once
  139  every 12 hours to determine whether the youth should remain in
  140  medical confinement. The medical professional shall document
  141  each evaluation and provide justification for continued
  142  placement in medical confinement.
  143         (e) The use of medical confinement is strictly prohibited
  144  for the purposes of punishment or discipline.
  145         (5) IMPLEMENTATION.—
  146         (a) The department shall review its policies and procedures
  147  relating to youth in confinement to determine whether the
  148  policies and procedures comply with this section.
  149         (b) The department shall certify compliance with this
  150  section in a report that the department shall submit to the
  151  Governor, the President of the Senate, and the Speaker of the
  152  House of Representatives by January 1, 2021.
  153         (c) The department shall adopt policies and procedures
  154  necessary to administer this section.
  155         (d) This section does not supersede any law providing
  156  greater or additional protections to a youth in this state.
  157         Section 2. Paragraph (a) of subsection (4) of section
  158  951.23, Florida Statutes, is amended to read:
  159         951.23 County and municipal detention facilities;
  160  definitions; administration; standards and requirements.—
  161         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  162  OFFICERS.—
  163         (a) There shall be established A five-member working group
  164  is established which consists consisting of three persons
  165  appointed by the Florida Sheriffs Association and two persons
  166  appointed by the Florida Association of Counties to develop
  167  model standards for county and municipal detention facilities.
  168  At a minimum By October 1, 1996, each sheriff and chief
  169  correctional officer shall adopt, at a minimum, the model
  170  standards with reference to:
  171         1.a. The construction, equipping, maintenance, and
  172  operation of county and municipal detention facilities.
  173         b. The cleanliness and sanitation of county and municipal
  174  detention facilities; the number of county and municipal
  175  prisoners who may be housed therein per specified unit of floor
  176  space; the quality, quantity, and supply of bedding furnished to
  177  such prisoners; the quality, quantity, and diversity of food
  178  served to them and the manner in which it is served; the
  179  furnishing to them of medical attention and health and comfort
  180  items; and the disciplinary treatment that which may be meted
  181  out to them.
  182  
  183  Notwithstanding the provisions of the otherwise applicable
  184  building code, a reduced custody housing area may be occupied by
  185  inmates or may be used for sleeping purposes as allowed in
  186  subsection (7). The sheriff or chief correctional officer shall
  187  provide that a reduced custody housing area shall be governed by
  188  fire and life safety standards that which do not interfere with
  189  the normal use of the facility and that which affect a
  190  reasonable degree of compliance with rules of the State Fire
  191  Marshal for correctional facilities.
  192         2. The confinement of prisoners by classification and
  193  providing, whenever possible, for classifications that which
  194  separate males from females, juveniles from adults, felons from
  195  misdemeanants, and those awaiting trial from those convicted
  196  and, in addition, providing for the separation of special risk
  197  prisoners, such as the mentally ill, alcohol or narcotic
  198  addicts, sex deviates, suicide risks, and any other
  199  classification that which the local unit may deem necessary for
  200  the safety of the prisoners and the operation of the facility
  201  pursuant to degree of risk and danger criteria. Nondangerous
  202  felons may be housed with misdemeanants.
  203         3. The confinement of prisoners by classification on the
  204  basis of age and a strict prohibition on the use of disciplinary
  205  confinement for prisoners under 19 years of age, in compliance
  206  with s. 945.425.
  207         Section 3. Paragraph (s) is added to subsection (1) of
  208  section 944.09, Florida Statutes, to read:
  209         944.09 Rules of the department; offenders, probationers,
  210  and parolees.—
  211         (1) The department has authority to adopt rules pursuant to
  212  ss. 120.536(1) and 120.54 to implement its statutory authority.
  213  The rules must include rules relating to:
  214         (s)Youth in confinement in compliance with s. 945.425.
  215         Section 4. For the purpose of incorporating the amendment
  216  made by this act to section 944.09, Florida Statutes, in a
  217  reference thereto, subsection (1) of section 944.279, Florida
  218  Statutes, is reenacted to read:
  219         944.279 Disciplinary procedures applicable to prisoner for
  220  filing frivolous or malicious actions or bringing false
  221  information before court.—
  222         (1) At any time, and upon its own motion or on motion of a
  223  party, a court may conduct an inquiry into whether any action or
  224  appeal brought by a prisoner was brought in good faith. A
  225  prisoner who is found by a court to have brought a frivolous or
  226  malicious suit, action, claim, proceeding, or appeal in any
  227  court of this state or in any federal court, which is filed
  228  after June 30, 1996, or to have brought a frivolous or malicious
  229  collateral criminal proceeding, which is filed after September
  230  30, 2004, or who knowingly or with reckless disregard for the
  231  truth brought false information or evidence before the court, is
  232  subject to disciplinary procedures pursuant to the rules of the
  233  Department of Corrections. The court shall issue a written
  234  finding and direct that a certified copy be forwarded to the
  235  appropriate institution or facility for disciplinary procedures
  236  pursuant to the rules of the department as provided in s.
  237  944.09.
  238         Section 5. This act shall take effect October 1, 2020.