Florida Senate - 2020                                     SB 762
       By Senator Farmer
       34-00044-20                                            2020762__
    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 such records; requiring the
   18         Department of Corrections to provide a report to the
   19         Department of Law Enforcement; providing that an
   20         inmate is entitled to a review of his or her placement
   21         in restrictive confinement within a specified
   22         timeframe by a specified review committee; amending s.
   23         944.09, F.S.; authorizing the department 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 relating to restrictive
   29         confinement; reenacting s. 944.279(1), F.S., relating
   30         to disciplinary procedures applicable to a prisoner
   31         for filing frivolous or malicious actions or for
   32         bringing false information before a court, to
   33         incorporate the amendment made to s. 944.09, F.S., in
   34         a reference thereto; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Section 944.175, Florida Statutes, is created to
   39  read:
   40         944.175 Restrictions on the use of confinement.—
   41         (1) DEFINITIONS.—As used in this section, the term:
   42         (a) “Exigent circumstances” means circumstances that pose
   43  an immediate and substantial threat to the safety of an inmate
   44  or a correctional staff member.
   45         (b) “Inmate” means a person in the custody of the
   46  department who is 18 years of age or older.
   47         (c) “Mental health professional” means a psychiatrist,
   48  psychologist, social worker, or nurse practitioner.
   49         (d) “Restrictive confinement” means the involuntary
   50  placement of an inmate in a cell alone, or with other inmates in
   51  substantial isolation, for more than 20 hours per day.
   52         (e) “Solitary confinement” means the involuntary placement
   53  of an inmate in a cell alone, or with other inmates in
   54  substantial isolation, for more than 22 hours per day.
   55         (f) “Young adult” means a person in the custody of the
   56  department who is at least 18 years of age but is not yet 21
   57  years of age.
   58         (g) “Youth” means a person in the custody of the department
   59  who is under 18 years of age.
   61  inmate may not be placed in solitary confinement.
   63  inmate may not be placed in restrictive confinement except under
   64  exigent circumstances, if such placement will significantly
   65  reduce the safety threat that the exigent circumstances create.
   66  An inmate may not be confined for any period of time to an
   67  individual cell as a consequence for noncompliance, punishment,
   68  or harassment, or in retaliation for an inmate’s conduct. If
   69  exigent circumstances exist and the inmate is placed in
   70  restrictive confinement, the inmate:
   71         (a) May not be housed in restrictive confinement for more
   72  than 15 consecutive days;
   73         (b) May not be housed in restrictive confinement for more
   74  than 20 days within a 60-day period;
   75         (c) May be held in restrictive confinement only until the
   76  substantial threat to the safety of an inmate or a correctional
   77  staff member has ended and must be under the least restrictive
   78  conditions practicable in relation to the exigent circumstances
   79  necessitating the use of restrictive confinement. The
   80  confinement must include at least 4 hours of out-of-cell time
   81  every day;
   82         (d) Must be allowed to participate in meaningful
   83  programming opportunities and privileges that are consistent
   84  with those available to the general inmate population, as
   85  practicable. The programming opportunities and privileges may
   86  take place individually or in a classroom setting;
   87         (e) Must be allowed to have as much meaningful interaction
   88  with others, such as other inmates, visitors, clergy, and
   89  licensed mental health professionals, as practicable; and
   90         (f) Must be evaluated by a licensed mental health
   91  professional at least once every 24 hours to determine whether
   92  the inmate should remain in restrictive confinement or if the
   93  inmate should be removed from restrictive confinement to prevent
   94  a serious risk of harm to the inmate. The licensed mental health
   95  professional who conducts the mental health evaluation shall
   96  document each evaluation. The documented evaluation must be
   97  placed in the inmate’s records. If the licensed mental health
   98  professional determines that continued housing in restrictive
   99  confinement poses a serious risk of harm to the inmate, the
  100  inmate must be removed from restrictive confinement within 24
  101  hours after the determination.
  103  PROHIBITED.—An inmate may not be placed in restrictive
  104  confinement solely on the basis of the inmate’s identification
  105  or status as a member of a vulnerable population, including an
  106  inmate who is lesbian, gay, bisexual, transgender, intersex, or
  107  gender nonconforming.
  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 resulting
  115  from the youth’s or young adult’s behavior have been exhausted,
  116  including less restrictive techniques such as penalizing the
  117  youth or young adult through loss of privileges, speaking with
  118  the youth or young adult in an attempt to resolve the situation,
  119  and having a licensed mental health professional provide an
  120  appropriate level of care; and
  121         3. If the youth or young adult poses a substantial and
  122  immediate threat to others, such confinement extends only to the
  123  time necessary for the youth or young adult to regain self
  124  control. The confinement may not exceed 3 hours. Within 1 hour
  125  after such placement, a licensed mental health professional
  126  shall approve or disapprove of holding the youth or young adult
  127  past the initial hour of confinement. The licensed mental health
  128  professional shall make such determination every hour thereafter
  129  in order to continue the confinement.
  130         (b)If the youth or young adult continues to pose a
  131  substantial and immediate threat after the applicable maximum
  132  period of confinement specified under subparagraph (a)3. has
  133  expired, the youth or young adult must be transferred to another
  134  facility or to an internal location where crisis services may be
  135  provided to the youth or young adult. If a licensed mental
  136  health professional believes the level of crisis services needed
  137  is not available onsite, a facility staff member must initiate a
  138  referral to a location that can provide the services required to
  139  meet the youth or young adult’s needs.
  140         (6) INMATES WITH MEDICAL NEEDS.—An inmate who has a serious
  141  mental illness, has an intellectual disability, has a physical
  142  disability that a licensed medical health professional
  143  determines is likely to be exacerbated by placement in
  144  restrictive confinement, is pregnant or in the first 8 weeks of
  145  postpartum recovery, or has been determined by a licensed mental
  146  health professional to likely be significantly and adversely
  147  affected by placement in restrictive confinement may not be
  148  placed in restrictive confinement unless all of the following
  149  apply:
  150         (a) The inmate poses a substantial and immediate threat.
  151         (b) All other options to deescalate the situation resulting
  152  from the inmate’s behavior have been exhausted, including less
  153  restrictive techniques such as penalizing the inmate through
  154  loss of privileges, speaking with the inmate in an attempt to
  155  resolve the situation, and having a licensed mental health
  156  professional provide an appropriate level of care.
  157         (c) Such confinement extends only until the substantial and
  158  immediate threat has ended and is limited to the least
  159  restrictive conditions practicable. The inmate must have access
  160  to medical care and mental health treatment during such
  161  confinement.
  162         (d) Such confinement is reviewed by a multidisciplinary
  163  staff committee for appropriateness every 24 hours after such
  164  confinement begins.
  165         (e) As soon as practicable, but within at least 5 days
  166  after such confinement begins, the inmate is diverted, upon
  167  release from restrictive confinement, to a general population
  168  unit or a mental health treatment program.
  169         (7) REPORTING.—The facility must keep a record of each time
  170  restrictive confinement is used under subsections (5) and (6).
  171  The warden of the facility shall review such records each month,
  172  and the department shall provide a report based on the warden’s
  173  review to the Department of Law Enforcement each month.
  174         (8)REVIEW.An inmate who is placed in restrictive
  175  confinement is entitled to a review of his or her initial
  176  placement and any extension of restrictive confinement within 72
  177  hours after first being placed in restrictive confinement. The
  178  review must be conducted by a multidisciplinary staff committee
  179  consisting of at least one of each of the following:
  180         (a) A licensed mental health professional.
  181         (b) A licensed medical professional.
  182         (c) A member of the leadership of the facility.
  183         Section 2. Paragraph (s) is added to subsection (1) of
  184  section 944.09, Florida Statutes, to read:
  185         944.09 Rules of the department; offenders, probationers,
  186  and parolees.—
  187         (1) The department has authority to adopt rules pursuant to
  188  ss. 120.536(1) and 120.54 to implement its statutory authority.
  189  The rules must include rules relating to:
  190         (s) Inmate confinement which are compliant with s. 944.175.
  191         Section 3. Paragraph (a) of subsection (4) of section
  192  951.23, Florida Statutes, is amended to read:
  193         951.23 County and municipal detention facilities;
  194  definitions; administration; standards and requirements.—
  196  OFFICERS.—
  197         (a) There shall be established A five-member working group
  198  is established which consists consisting of three persons
  199  appointed by the Florida Sheriffs Association and two persons
  200  appointed by the Florida Association of Counties to develop
  201  model standards for county and municipal detention facilities.
  202  At a minimum By October 1, 1996, each sheriff and chief
  203  correctional officer shall adopt, at a minimum, the model
  204  standards with reference to:
  205         1.a. The construction, equipping, maintenance, and
  206  operation of county and municipal detention facilities.
  207         b. The cleanliness and sanitation of county and municipal
  208  detention facilities; the number of county and municipal
  209  prisoners who may be housed therein per specified unit of floor
  210  space; the quality, quantity, and supply of bedding furnished to
  211  such prisoners; the quality, quantity, and diversity of food
  212  served to them and the manner in which it is served; the
  213  furnishing to them of medical attention and health and comfort
  214  items; and the disciplinary treatment that which may be meted
  215  out to them.
  217  Notwithstanding the provisions of the otherwise applicable
  218  building code, a reduced custody housing area may be occupied by
  219  inmates or may be used for sleeping purposes as allowed in
  220  subsection (7). The sheriff or chief correctional officer shall
  221  provide that a reduced custody housing area shall be governed by
  222  fire and life safety standards which do not interfere with the
  223  normal use of the facility and which affect a reasonable degree
  224  of compliance with rules of the State Fire Marshal for
  225  correctional facilities.
  226         2. The confinement of prisoners by classification and
  227  providing, whenever possible, for classifications that which
  228  separate males from females, juveniles from adults, felons from
  229  misdemeanants, and those awaiting trial from those convicted
  230  and, in addition, providing for the separation of special risk
  231  prisoners, such as the mentally ill, alcohol or narcotic
  232  addicts, sex deviates, suicide risks, and any other
  233  classification which the local unit may deem necessary for the
  234  safety of the prisoners and the operation of the facility
  235  pursuant to degree of risk and danger criteria. Nondangerous
  236  felons may be housed with misdemeanants.
  237         3. The confinement of prisoners, in compliance with s.
  238  944.175.
  239         Section 4. Paragraph (b) of subsection (9) of section
  240  985.601, Florida Statutes, is amended to read:
  241         985.601 Administering the juvenile justice continuum.—
  242         (9)
  243         (b) The department shall adopt rules prescribing standards
  244  and requirements with reference to:
  245         1. The construction, equipping, maintenance, staffing,
  246  programming, and operation of detention facilities;
  247         2. The treatment, training, and education of children
  248  confined in detention facilities;
  249         3. The cleanliness and sanitation of detention facilities;
  250         4. The number of children who may be housed in detention
  251  facilities per specified unit of floor space;
  252         5. The quality, quantity, and supply of bedding furnished
  253  to children housed in detention facilities;
  254         6. The quality, quantity, and diversity of food served in
  255  detention facilities and the manner in which it is served;
  256         7. The furnishing of medical attention and health and
  257  comfort items in detention facilities; and
  258         8. The disciplinary treatment administered in detention
  259  facilities; and
  260         9. The use of restrictive confinement for prisoners, in
  261  compliance with s. 944.175.
  262         Section 5. For the purpose of incorporating the amendment
  263  made by this act to section 944.09, Florida Statutes, in a
  264  reference thereto, subsection (1) of section 944.279, Florida
  265  Statutes, is reenacted to read:
  266         944.279 Disciplinary procedures applicable to prisoner for
  267  filing frivolous or malicious actions or bringing false
  268  information before court.—
  269         (1) At any time, and upon its own motion or on motion of a
  270  party, a court may conduct an inquiry into whether any action or
  271  appeal brought by a prisoner was brought in good faith. A
  272  prisoner who is found by a court to have brought a frivolous or
  273  malicious suit, action, claim, proceeding, or appeal in any
  274  court of this state or in any federal court, which is filed
  275  after June 30, 1996, or to have brought a frivolous or malicious
  276  collateral criminal proceeding, which is filed after September
  277  30, 2004, or who knowingly or with reckless disregard for the
  278  truth brought false information or evidence before the court, is
  279  subject to disciplinary procedures pursuant to the rules of the
  280  Department of Corrections. The court shall issue a written
  281  finding and direct that a certified copy be forwarded to the
  282  appropriate institution or facility for disciplinary procedures
  283  pursuant to the rules of the department as provided in s.
  284  944.09.
  285         Section 6. This act shall take effect July 1, 2020.