Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 624
       
       
       
       
       
       
                                Ì448502ÄÎ448502                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2019           .                                
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       The Committee on Criminal Justice (Montford) recommended the
       following:
       
    1         Senate Substitute for Amendment (569312) 
    2  
    3         Delete lines 263 - 487
    4  and insert:
    5         985.28 Confinement in detention facilities.—
    6         (1) DEFINITIONS.—As used in this section, the term:
    7         (a) “Child” means a person who is in the custody of the
    8  department and who is under the age of 19 years.
    9         (b) “Emergency confinement” means a type of confinement
   10  that involves the involuntary placement of a child in an
   11  isolated room to separate that child from other children in the
   12  facility and to remove him or her from a situation in which he
   13  or she presents an immediate and serious danger to the security
   14  or safety of himself or herself or others.
   15         (c) “Medical confinement” means a type of confinement that
   16  involves the involuntary placement of a child in an isolated
   17  room to separate that child from other children in the facility
   18  to allow the child to recover from illness or to prevent the
   19  spread of a communicable illness.
   20         (d) “Mental health clinician” means a licensed
   21  psychiatrist, psychologist, social worker, mental health
   22  counselor, nurse practitioner, or physician assistant.
   23         (e) “Solitary confinement” means the involuntary placement
   24  of a child in an isolated room to separate that child from other
   25  children in the facility for any period of time.
   26         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
   27  may not be placed in solitary confinement, except as provided in
   28  this section.
   29         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
   30         (a) A child may be placed in emergency confinement if all
   31  of the following conditions are met:
   32         1. A nonphysical intervention with the child would not be
   33  effective in preventing harm or danger to the child or others.
   34         2. There is imminent risk of the child physically harming
   35  himself or herself, staff, or others or the child is engaged in
   36  major property destruction that is likely to compromise the
   37  security of the program or jeopardize the safety of the child or
   38  others.
   39         3. All less-restrictive means have been exhausted.
   40         (b) Facility staff shall document the placement of a child
   41  in emergency confinement. The documentation must include
   42  justification for the placement of a child in emergency
   43  confinement, in addition to a description of the less
   44  restrictive options that the facility staff exercised before the
   45  child was so placed.
   46         (c) A mental health clinician shall evaluate a child who is
   47  placed in emergency confinement within 1 hour after such
   48  placement to ensure that the confinement is not detrimental to
   49  the mental or physical health of the child. Following the
   50  initial evaluation, a mental health clinician shall conduct a
   51  face-to-face evaluation of the child every 2 hours thereafter to
   52  determine whether the child should remain in emergency
   53  confinement. The mental health clinician shall document each
   54  evaluation and provide justification for continued placement in
   55  emergency confinement.
   56         (d) A child may not be placed in emergency confinement for
   57  more than 24 hours unless an extension is sought and obtained by
   58  a mental health clinician.
   59         1. If a mental health clinician determines that release of
   60  the child would imminently threaten the safety of the child or
   61  others, the mental health clinician may grant a one-time
   62  extension of 24 hours for continued placement in emergency
   63  confinement.
   64         2. If, at the conclusion of the 48-hour window, a mental
   65  health clinician determines that it is not safe for the child to
   66  be released from emergency confinement, the facility staff must
   67  prepare to transfer the child to a facility that is able to
   68  provide specialized treatment to address the child’s needs.
   69         (e) A child who is placed in emergency confinement must be
   70  provided access to the same meals and drinking water, clothing,
   71  medical treatment, contact with parents and legal guardians, and
   72  legal assistance as provided to children in the facility.
   73         (f) The use of emergency confinement is strictly prohibited
   74  for the purposes of punishment or discipline.
   75         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
   76         (a) A child may be placed in medical confinement if all of
   77  the following conditions are met:
   78         1. Isolation from staff and other children in the facility
   79  is required to allow the child to rest and recover from illness
   80  or to prevent the spread of a communicable illness.
   81         2. A medical professional deems such placement necessary.
   82         3. The use of other less-restrictive means would not be
   83  sufficient to allow the child to recover from illness or to
   84  prevent the spread of a communicable illness.
   85         (b) A child may be placed in medical confinement for a
   86  period of time not to exceed the time that is necessary for the
   87  child to recover from his or her illness or to prevent the
   88  spread of a communicable illness to other children or staff in
   89  the facility.
   90         (c) Facility staff shall document the placement of a child
   91  in medical confinement. The documentation must include a medical
   92  professional’s justification for the placement.
   93         (d) A medical professional must conduct a face-to-face
   94  evaluation of a child who is held in medical confinement at
   95  least once every 12 hours to determine whether the child should
   96  remain in medical confinement. The medical professional shall
   97  document each evaluation and provide justification for continued
   98  placement in medical confinement.
   99         (e) The use of medical confinement is strictly prohibited
  100  for the purposes of punishment or discipline.
  101         (5) IMPLEMENTATION.—
  102         (a) The department and the board of county commissioners of
  103  each county that administers a detention facility shall review
  104  their policies and procedures relating to disciplinary treatment
  105  to determine whether their policies and procedures comply with
  106  this section.
  107         (b) The department and the board of county commissioners of
  108  each county that administers a detention facility shall certify
  109  compliance with this section in a report that the department and
  110  the board shall submit to the Governor, the President of the
  111  Senate, and the Speaker of the House of Representatives by
  112  January 1, 2020.
  113         (c)This section does not supersede any law providing
  114  greater or additional protections to a child in this state.
  115         Section 4. Section 985.4415, Florida Statutes, is created
  116  to read:
  117         985.4415 Confinement in residential facilities.—
  118         (1)DEFINITIONS.—As used in this section, the term:
  119         (a) “Child” means a person within the custody of the
  120  department who is under the age of 19 years.
  121         (b) “Emergency confinement” means a type of confinement
  122  that involves the involuntary placement of a child in an
  123  isolated room to separate that child from other children in the
  124  facility and to remove him or her from a situation in which he
  125  or she presents an immediate and serious danger to the security
  126  or safety of himself or herself or others.
  127         (c) “Medical confinement” means a type of confinement that
  128  involves the involuntary placement of a child in an isolated
  129  room to separate that child from the other children in the
  130  facility and to allow him or her to recover from illness or to
  131  prevent the spread of a communicable illness.
  132         (d) “Mental health clinician” means a licensed
  133  psychiatrist, psychologist, social worker, mental health
  134  counselor, nurse practitioner, or physician assistant.
  135         (e) “Solitary confinement” means the involuntary placement
  136  of a child in an isolated room to separate that child from the
  137  other children in the facility for any period of time.
  138         (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—A child
  139  may not be placed in solitary confinement, except as provided in
  140  this section.
  141         (3) PROTECTING A CHILD IN EMERGENCY CONFINEMENT.—
  142         (a) A child may be placed in emergency confinement if all
  143  of the following conditions are met:
  144         1. A nonphysical intervention with the child would not be
  145  effective in preventing harm or danger to the child or others.
  146         2. There is imminent risk of the child physically harming
  147  himself or herself, staff, or others or the child is engaged in
  148  major property destruction that is likely to compromise the
  149  security of the program or jeopardize the safety of the child or
  150  others.
  151         3. All less-restrictive means have been exhausted.
  152         (b) Facility staff shall document the placement of a child
  153  in emergency confinement. The documentation must include
  154  justification for the placement of a child in emergency
  155  confinement, in addition to a description of the other less
  156  restrictive options that the facility staff exercised before the
  157  child was so placed.
  158         (c) A mental health clinician shall evaluate a child who is
  159  placed in emergency confinement within 1 hour after such
  160  placement to ensure that the confinement is not detrimental to
  161  the mental or physical health of the child. Following the
  162  initial evaluation, a mental health clinician shall conduct a
  163  face-to-face evaluation of the child every 2 hours thereafter to
  164  determine whether the child should remain in emergency
  165  confinement. The mental health clinician shall document each
  166  evaluation and provide justification for continued placement in
  167  emergency confinement.
  168         (d) A child may not be placed in emergency confinement for
  169  more than 24 hours unless an extension is sought and obtained by
  170  a mental health clinician.
  171         1. If a mental health clinician determines that release of
  172  the child would imminently threaten the safety of the child or
  173  others, the mental health clinician may grant a one-time
  174  extension of 24 hours for continued placement in emergency
  175  confinement.
  176         2. If at the conclusion of the 48-hour window a mental
  177  health clinician determines that it is not safe for the child to
  178  be released from emergency confinement, the facility staff must
  179  prepare to transfer the child to a facility that is able to
  180  provide specialized treatment to address the child’s needs.
  181         (e) A child who is placed in emergency confinement must be
  182  provided access to the same meals and drinking water, clothing,
  183  medical treatment, contact with parents and legal guardians, and
  184  legal assistance as provided to children in the facility.
  185         (f) The use of emergency confinement is strictly prohibited
  186  for the purposes of punishment or discipline.
  187         (4) PROTECTING A CHILD IN MEDICAL CONFINEMENT.—
  188         (a) A child may be placed in medical confinement if all of
  189  the following conditions are met:
  190         1. Isolation from other children and staff in the facility
  191  is required to allow a child to rest and recover from illness or
  192  to prevent the spread of a communicable illness.
  193         2. A medical professional deems such placement necessary.
  194         3. The use of other less-restrictive means would not be
  195  sufficient to allow the child to recover from illness or to
  196  prevent the spread of a communicable illness.
  197         (b) A child may be placed in medical confinement for a
  198  period of time not to exceed the time that is necessary for the
  199  child to recover from his or her illness or to prevent the
  200  spread of a communicable illness to other children or staff in
  201  the facility.
  202         (c) Facility staff shall document the placement of a child
  203  in medical confinement. The documentation must include a medical
  204  professional’s justification for the placement.
  205         (d) A medical professional must conduct a face-to-face
  206  evaluation of a child who is held in medical confinement at
  207  least once every 12 hours to determine whether the child should
  208  remain in medical confinement. The medical professional shall
  209  document each evaluation and provide justification for continued
  210  placement in medical confinement.
  211         (e) The use of medical confinement is strictly prohibited
  212  for the purposes of punishment or discipline.
  213         (5) IMPLEMENTATION.—
  214         (a) The department shall review its policies and procedures
  215  relating to disciplinary treatment in residential facilities to
  216  determine whether its policies and procedures comply with this
  217  section.
  218         (b) The department shall certify compliance with this
  219  section in a report that the department shall submit to the
  220  Governor, the President of the Senate, and the Speaker of the
  221  House of Representatives by January 1, 2020.
  222         (c) This section does not supersede any law providing
  223  greater or additional protections to a child in this state.
  224         Section 5. Paragraph (s) is added to subsection (1) of
  225  section 944.09, Florida Statutes, to read:
  226         944.09 Rules of the department; offenders, probationers,
  227  and parolees.—
  228         (1) The department has authority to adopt rules pursuant to
  229  ss. 120.536(1) and 120.54 to implement its statutory authority.
  230  The rules must include rules relating to:
  231         (s)Youth in confinement in compliance with s.