Florida Senate - 2019 SB 110 By Senator Thurston 33-00286A-19 2019110__ 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 a youth to solitary confinement except 7 under certain circumstances; limiting cell confinement 8 of all youth prisoners; providing protection for youth 9 prisoners held in emergency cell confinement; 10 prohibiting a youth prisoner from being subjected to 11 emergency cell confinement under certain 12 circumstances; requiring facility staff to document 13 the placement in emergency cell confinement; requiring 14 that within a specified time and at specified 15 intervals a mental health clinician evaluate face to 16 face a youth prisoner who is subjected to emergency 17 cell confinement; requiring facility staff to perform 18 visual checks at specified intervals; requiring each 19 evaluation to be documented; providing for an 20 individualized suicide crisis intervention plan, if 21 applicable; requiring the transporting of a youth to a 22 mental health receiving facility if the youth’s 23 suicide risk is not resolved within a certain time; 24 requiring that youth prisoners in emergency cell 25 confinement be allotted services and other benefits 26 that are made available to prisoners in the general 27 prison population; providing for the protection of 28 youth prisoners in disciplinary cell confinement; 29 prohibiting a youth prisoner from being subjected to 30 disciplinary cell confinement for more than a certain 31 duration; requiring staff to perform visual checks at 32 specified intervals; requiring that youth prisoners in 33 disciplinary cells be allotted services and other 34 benefits that are made available to prisoners in the 35 general prison population; providing reduced isolation 36 for youth prisoners in protective custody; requiring 37 the department and the boards of county commissioners 38 to review their policies relating to youth prisoners 39 to evaluate whether the policies are necessary; 40 requiring the department and the board of county 41 commissioners of each county that administers a 42 detention facility or jail to certify compliance in a 43 report to the Governor and Legislature by a specified 44 date; requiring the department and the boards of 45 county commissioners to adopt rules; providing 46 construction; amending s. 944.09, F.S.; authorizing 47 the department to adopt rules; amending s. 951.23, 48 F.S.; requiring sheriffs and chief correctional 49 officers to adopt model standards relating to youth 50 prisoners; reenacting s. 944.279(1), F.S., relating to 51 disciplinary procedures applicable to a prisoner for 52 filing frivolous or malicious actions or bringing 53 false information before a court, to incorporate the 54 amendment made to s. 944.09, F.S., in a reference 55 thereto; providing an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Section 958.155, Florida Statutes, is created to 60 read: 61 958.155 Youthful offenders in solitary confinement.— 62 (1) SHORT TITLE.—This section may be cited as the “Youth in 63 Solitary Confinement Reduction Act.” 64 (2) DEFINITIONS.—As used in this section, the term: 65 (a) “Disciplinary cell confinement” means a disciplinary 66 sanction for a major rule violation in which a youth who is 67 found guilty of committing a major rule violation is confined to 68 a cell for a specified time. 69 (b) “Emergency cell confinement” means the confinement to a 70 cell of a youth who needs to be temporarily removed from the 71 general population of prisoners because he or she presents an 72 immediate, serious danger to the security or safety of himself 73 or herself or others. 74 (c) “Major rule violation” means an act that: 75 1. Is an act of violence which results in or is likely to 76 result in serious injury or death to another; 77 2. Occurs in connection with an act of nonconsensual sex; 78 3. Consists of two or more discrete acts that cause serious 79 disruption to the security or order of the detention center or 80 facility operations; or 81 4. Is an escape, attempted escape, or conspiracy to escape 82 from within a security perimeter or from custody or both. 83 (d) “Mental health clinician” means a psychiatrist, 84 psychologist, social worker, or nurse practitioner. 85 (e) “Prisoner” means a person incarcerated in a county or 86 regional jail or in a department facility who is accused of, 87 convicted of, or sentenced for a violation of criminal law or 88 the terms and conditions of parole, probation, pretrial release, 89 or a diversionary program. 90 (f) “Protective custody” means a status for a youth who 91 requires protection because he or she is in danger of being 92 victimized by other prisoners in the facility. The term includes 93 time spent under this status pending review of the youth’s 94 request for protection. 95 (g) “Solitary confinement” means involuntary confinement in 96 a cell for more than 20 hours a day, in isolation. 97 (h) “Youth” means a person who is younger than 18 years of 98 age, or a person who is sentenced as a “youthful offender” by a 99 court or is classified as such by the department pursuant to 100 this chapter. 101 (3) PROTECTING YOUTH FROM SOLITARY CONFINEMENT.—A youth 102 prisoner who is held under the jurisdiction of the department or 103 a local governmental body in this state may not be subjected to 104 solitary confinement, except as provided in this section. Cell 105 confinement of all youth prisoners is limited to the types and 106 parameters of confinement specified in this section. 107 (4) PROTECTING YOUTH HELD IN EMERGENCY CELL CONFINEMENT.— 108 (a) A youth prisoner may be subjected to emergency cell 109 confinement for a period not to exceed 24 hours. 110 (b) A youth prisoner may not be subjected to emergency cell 111 confinement unless all other less-restrictive options have been 112 exhausted. Facility staff shall document the placement of a 113 youth prisoner in emergency cell confinement and include the 114 justification for the placement and all the attempts for other 115 less-restrictive options before the placement. 116 (c) A youth prisoner may be subjected to emergency cell 117 confinement for the shortest time that is required to address 118 the safety risk and may not be held in such confinement if a 119 mental health clinician determines that the confinement is 120 detrimental to the youth’s mental or physical health. 121 (d) A youth prisoner who is subjected to emergency cell 122 confinement shall be evaluated face to face by a mental health 123 clinician within 1 hour after placement and at least every 4 124 hours thereafter to determine if the youth should remain in 125 emergency cell confinement. The mental health clinician shall 126 document each evaluation and shall include the reason for 127 continued placement in emergency cell confinement. 128 (e) During the time a youth prisoner is subjected to 129 emergency cell confinement, the facility staff shall conduct 130 visual checks at least 4 times an hour and not longer than 15 131 minutes apart. During the time a youth is awake, the staff shall 132 speak to the youth during the visual checks. After each visual 133 check, the staff shall document the status of the youth. 134 (f) Within 4 hours after placing a youth prisoner who has 135 exhibited suicidal behavior or committed acts of self-harm in 136 emergency cell confinement, a mental health clinician shall 137 implement an individualized suicide crisis intervention plan for 138 the youth and closely monitor the youth’s condition in order to 139 reduce or eliminate the risk of self-harm. If the youth’s 140 suicide risk is not resolved within 24 hours, the youth must be 141 moved to a mental health receiving facility. 142 (g) A youth prisoner who is subjected to emergency cell 143 confinement shall be provided: 144 1. At least 1 hour of daily out-of-cell large-muscle 145 exercise that includes access to outdoor recreation when the 146 weather allows; and 147 2. Access to the same meals and drinking water, medical 148 treatment, contact with parents and legal guardians, and legal 149 assistance as provided to prisoners in the general population. 150 (5) PROTECTING YOUTH HELD IN DISCIPLINARY CELL 151 CONFINEMENT.— 152 (a) A youth prisoner may be subjected to disciplinary cell 153 confinement by himself or herself for a period not to exceed 72 154 hours. 155 (b) During the time a youth prisoner is subjected to 156 disciplinary cell confinement in a cell by himself or herself, 157 the facility staff shall conduct visual checks at least 4 times 158 an hour and not longer than 15 minutes apart. During the time 159 the youth is awake, the staff shall speak to the youth during 160 the visual checks. After each visual check, the staff shall 161 document the status of the youth. 162 (c) A youth prisoner who is subjected to disciplinary cell 163 confinement shall be provided: 164 1. At least 2 hours of daily out-of-cell large-muscle 165 exercise that includes access to outdoor recreation when the 166 weather allows; 167 2. Daily showers; and 168 3. Access to the same meals and drinking water, clothing, 169 medical treatment, educational services, correspondence 170 privileges, contact with parents and legal guardians, and legal 171 assistance as provided to prisoners in the general population. 172 (6) REDUCING ISOLATION FOR YOUTH WHO REQUIRE PROTECTIVE 173 CUSTODY.—If a youth prisoner is subjected to protective custody, 174 the restrictions to which the youth prisoner is subjected due to 175 such custody status must be the least restrictive to maintain 176 the safety of the youth prisoner and the facility. At a minimum, 177 such youth prisoner shall have access to: 178 (a) Educational and programming opportunities consistent 179 with the youth prisoner’s safety and security and any federal 180 and state law requirements; 181 (b) At least 5 hours a day of out-of-cell time, including a 182 minimum of 2 hours of daily out-of-cell large-muscle exercise 183 that includes access to outdoor recreation when the weather 184 allows; 185 (c) The same meals and drinking water, clothing, and 186 medical treatment as provided to prisoners in the general 187 population; 188 (d) Personal property, including televisions and radios, 189 and access to books, magazines, and other printed materials; 190 (e) Daily showers; 191 (f) The law library; and 192 (g) The same correspondence privileges and number of visits 193 and phone calls allowed to prisoners in the general population, 194 including, but not limited to, the same contact with parents and 195 legal guardians and the same legal assistance. 196 (7) IMPLEMENTATION.— 197 (a) The department and the board of county commissioners of 198 each county that administers a detention facility or jail shall 199 review their policies relating to youth prisoners in solitary 200 confinement or protective custody to determine if the policies 201 are necessary. The department and the board of county 202 commissioners of each county that administers a detention 203 facility or jail shall certify compliance with this section in a 204 report that the department and the commission shall submit to 205 the Governor, the President of the Senate, and the Speaker of 206 the House of Representatives by January 1, 2020. The department 207 and the board of county commissioners of each such county shall 208 adopt policies and procedures necessary to administer this act. 209 (b) This act does not conflict with any law providing 210 greater or additional protections to youth prisoners in this 211 state. 212 Section 2. Paragraph (s) is added to subsection (1) of 213 section 944.09, Florida Statutes, to read: 214 944.09 Rules of the department; offenders, probationers, 215 and parolees.— 216 (1) The department has authority to adopt rules pursuant to 217 ss. 120.536(1) and 120.54 to implement its statutory authority. 218 The rules must include rules relating to: 219 (s) Disciplinary procedures and punishment for youth 220 prisoners in compliance with the Youth in Solitary Confinement 221 Reduction Act. 222 Section 3. Paragraph (a) of subsection (4) of section 223 951.23, Florida Statutes, is amended to read: 224 951.23 County and municipal detention facilities; 225 definitions; administration; standards and requirements.— 226 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 227 OFFICERS.— 228 (a) There shall be established a five-member working group 229 consisting of three persons appointed by the Florida Sheriffs 230 Association and two persons appointed by the Florida Association 231 of Counties to develop model standards for county and municipal 232 detention facilities.
By October 1, 1996,Each sheriff and chief 233 correctional officer shall adopt, at a minimum, the model 234 standards with reference to: 235 1.a. The construction, equipping, maintenance, and 236 operation of county and municipal detention facilities. 237 b. The cleanliness and sanitation of county and municipal 238 detention facilities; the number of county and municipal 239 prisoners who may be housed therein per specified unit of floor 240 space; the quality, quantity, and supply of bedding furnished to 241 such prisoners; the quality, quantity, and diversity of food 242 served to them and the manner in which it is served; the 243 furnishing to them of medical attention and health and comfort 244 items; and the disciplinary treatment that whichmay be meted 245 out to them. 246 247 Notwithstanding the provisions of the otherwise applicable 248 building code, a reduced custody housing area may be occupied by 249 inmates or may be used for sleeping purposes as allowed in 250 subsection (7). The sheriff or chief correctional officer shall 251 provide that a reduced custody housing area shall be governed by 252 fire and life safety standards which do not interfere with the 253 normal use of the facility and which affect a reasonable degree 254 of compliance with rules of the State Fire Marshal for 255 correctional facilities. 256 2. The confinement of prisoners by classification and 257 providing, whenever possible, for classifications that which258 separate males from females, juveniles from adults, felons from 259 misdemeanants, and those awaiting trial from those convicted 260 and, in addition, providing for the separation of special risk 261 prisoners, such as the mentally ill, alcohol or narcotic 262 addicts, sex deviates, suicide risks, and any other 263 classification that whichthe local unit may deem necessary for 264 the safety of the prisoners and the operation of the facility 265 pursuant to degree of risk and danger criteria. Nondangerous 266 felons may be housed with misdemeanants. 267 3. The confinement of prisoners by classification and 268 providing for classifications that comply with the Youth 269 Solitary Confinement Reduction Act. 270 Section 4. For the purpose of incorporating the amendment 271 made by this act to section 944.09, Florida Statutes, in a 272 reference thereto, subsection (1) of section 944.279, Florida 273 Statutes, is reenacted to read: 274 944.279 Disciplinary procedures applicable to prisoner for 275 filing frivolous or malicious actions or bringing false 276 information before court.— 277 (1) At any time, and upon its own motion or on motion of a 278 party, a court may conduct an inquiry into whether any action or 279 appeal brought by a prisoner was brought in good faith. A 280 prisoner who is found by a court to have brought a frivolous or 281 malicious suit, action, claim, proceeding, or appeal in any 282 court of this state or in any federal court, which is filed 283 after June 30, 1996, or to have brought a frivolous or malicious 284 collateral criminal proceeding, which is filed after September 285 30, 2004, or who knowingly or with reckless disregard for the 286 truth brought false information or evidence before the court, is 287 subject to disciplinary procedures pursuant to the rules of the 288 Department of Corrections. The court shall issue a written 289 finding and direct that a certified copy be forwarded to the 290 appropriate institution or facility for disciplinary procedures 291 pursuant to the rules of the department as provided in s. 292 944.09. 293 Section 5. This act shall take effect July 1, 2019.