Florida Senate - 2022 SB 206
By Senator Farmer
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 or harassment or in retaliation for an inmate’s
7 conduct; authorizing an inmate to be placed in
8 restrictive confinement only if certain conditions are
9 met; 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 monthly; requiring the
18 Department of Corrections to provide a specified
19 report to the Department of Law Enforcement; providing
20 that an inmate is entitled to a review of his or her
21 placement in restrictive confinement within a
22 specified timeframe by a specified staff committee;
23 amending s. 944.09, F.S.; requiring the Department of
24 Corrections to adopt certain rules; amending s.
25 951.23, F.S.; requiring sheriffs and chief
26 correctional officers to adopt model standards
27 relating to confinement; amending s. 985.601, F.S.;
28 requiring the Department of Juvenile Justice to adopt
29 rules relating to restrictive confinement; reenacting
30 s. 944.279(1), F.S., relating to disciplinary
31 procedures applicable to a prisoner for filing
32 frivolous or malicious actions or for bringing false
33 information before a court, to incorporate the
34 amendment made to s. 944.09, F.S., in a reference
35 thereto; providing an effective date.
37 Be It Enacted by the Legislature of the State of Florida:
39 Section 1. Section 944.175, Florida Statutes, is created to
41 944.175 Restrictions on the use of confinement.—
42 (1) DEFINITIONS.—As used in this section, the term:
43 (a) “Exigent circumstances” means circumstances that pose
44 an immediate and substantial threat to the safety of an inmate
45 or a correctional staff member.
46 (b) “Inmate” means a person in the custody of the
47 department who is 18 years of age or older.
48 (c) “Mental health professional” means a psychiatrist,
49 psychologist, social worker, or nurse practitioner.
50 (d) “Restrictive confinement” means the involuntary
51 placement of an inmate in a cell alone, or with other inmates in
52 substantial isolation, for more than 20 hours per day.
53 (e) “Solitary confinement” means the involuntary placement
54 of an inmate in a cell alone, or with other inmates in
55 substantial isolation, for more than 22 hours per day.
56 (f) “Young adult” means a person in the custody of the
57 department who is 18 years of age or older but younger than 21
58 years of age.
59 (g) “Youth” means a person in the custody of the department
60 who is younger than 18 years of age.
61 (2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—An
62 inmate may not be placed in solitary confinement.
63 (3) LIMITATIONS ON THE USE OF RESTRICTIVE CONFINEMENT.—An
64 inmate may not be placed in restrictive confinement except under
65 exigent circumstances, if such placement will significantly
66 reduce the safety threat that the exigent circumstances create.
67 An inmate may not be confined for any period of time to an
68 individual cell as a consequence for noncompliance, as
69 punishment or harassment, or in retaliation for his or her
70 conduct. If exigent circumstances exist and the inmate is placed
71 in restrictive confinement, the inmate:
72 (a) May not be housed in restrictive confinement for more
73 than 15 consecutive days;
74 (b) May not be housed in restrictive confinement for more
75 than 20 days within a 60-day period;
76 (c) May be housed in restrictive confinement only until the
77 substantial threat to the safety of an inmate or a correctional
78 staff member has ended and must be under the least restrictive
79 conditions practicable in relation to the exigent circumstances
80 necessitating the use of restrictive confinement. The
81 confinement must include at least 4 hours of out-of-cell time
82 every day;
83 (d) Must be allowed to participate in meaningful
84 programming opportunities and privileges that are consistent
85 with those available to the general inmate population, as
86 practicable. The programming opportunities and privileges may
87 take place individually or in a classroom setting;
88 (e) Must be allowed to have as much meaningful interaction
89 with others, such as other inmates, visitors, clergy, and
90 licensed mental health professionals, as practicable; and
91 (f) Must be evaluated by a licensed mental health
92 professional at least once every 24 hours to determine whether
93 the inmate should remain in restrictive confinement or be
94 removed from restrictive confinement to prevent a serious risk
95 of harm to the inmate. The licensed mental health professional
96 who conducts the mental health evaluation shall document each
97 evaluation. The documented evaluation must be placed in the
98 inmate’s records. If the licensed mental health professional
99 determines that continued housing in restrictive confinement
100 poses a serious risk of harm to the inmate, the inmate must be
101 removed from restrictive confinement within 24 hours after such
103 (4) INMATES FOR WHOM RESTRICTIVE CONFINEMENT IS
104 PROHIBITED.—An inmate may not be placed in restrictive
105 confinement solely on the basis of the inmate’s identification
106 or status as a member of a vulnerable population, including an
107 inmate who is lesbian, gay, bisexual, transgender, intersex, or
108 gender nonconforming.
109 (5) YOUTHS AND YOUNG ADULTS.—
110 (a) A youth or young adult may not be placed in restrictive
111 confinement unless:
112 1. The youth’s or young adult’s behavior poses a serious
113 and immediate threat and such confinement is a necessary and
114 temporary response to the behavior;
115 2. All other options to deescalate the situation resulting
116 from the youth’s or young adult’s behavior have been exhausted,
117 including less restrictive techniques such as penalizing the
118 youth or young adult through loss of privileges, speaking with
119 the youth or young adult in an attempt to resolve the situation,
120 and having a licensed mental health professional provide an
121 appropriate level of care; and
122 3. If the youth or young adult poses a substantial and
123 immediate threat to others, such confinement may continue only
124 for the time necessary for the youth or young adult to regain
125 self-control. The confinement may not exceed 3 hours. Within 1
126 hour after such placement, a licensed mental health professional
127 shall make a determination approving or disapproving the holding
128 of the youth or young adult past the initial hour of
129 confinement. The licensed mental health professional shall make
130 such determination every hour thereafter in order to continue
131 the confinement.
132 (b) If the youth or young adult continues to pose a
133 substantial and immediate threat after the applicable maximum
134 period of confinement specified under subparagraph (a)3. has
135 expired, the youth or young adult must be transferred to another
136 facility or to an internal location where crisis services may be
137 provided to the youth or young adult. If a licensed mental
138 health professional believes the level of crisis services needed
139 is not available on site, a facility staff member must initiate
140 a referral to a location that can provide the services required
141 to meet the youth’s or young adult’s needs.
142 (6) INMATES WITH MEDICAL NEEDS.—An inmate who has a serious
143 mental illness, has an intellectual disability, has a physical
144 disability that a licensed medical health professional
145 determines is likely to be exacerbated by placement in
146 restrictive confinement, is pregnant or in the first 8 weeks of
147 postpartum recovery, or has been determined by a licensed mental
148 health professional to likely be significantly and adversely
149 affected by placement in restrictive confinement may not be
150 placed in restrictive confinement unless all of the following
152 (a) The inmate poses a substantial and immediate threat.
153 (b) All other options to deescalate the situation resulting
154 from the inmate’s behavior have been exhausted, including less
155 restrictive techniques such as penalizing the inmate through
156 loss of privileges, speaking with the inmate in an attempt to
157 resolve the situation, and having a licensed mental health
158 professional provide an appropriate level of care.
159 (c) Such confinement may continue only until the
160 substantial and immediate threat has ended and is limited to the
161 least restrictive conditions practicable. The inmate must have
162 access to medical care and mental health treatment during such
164 (d) Such confinement is reviewed by a multidisciplinary
165 staff committee for appropriateness every 24 hours after such
166 confinement begins.
167 (e) As soon as practicable, but within at least 5 days
168 after such confinement begins, the inmate is diverted, upon
169 release from restrictive confinement, to a general population
170 unit or a mental health treatment program.
171 (7) REPORTING.—The facility must keep a record of each time
172 restrictive confinement is used under subsections (5) and (6).
173 The warden of the facility shall review such records each month,
174 and the department shall provide a report based on the warden’s
175 review to the Department of Law Enforcement each month.
176 (8) REVIEW.—An inmate who is placed in restrictive
177 confinement is entitled to a review of his or her initial
178 placement and any extension of restrictive confinement within 72
179 hours after first being placed in restrictive confinement. The
180 review must be conducted by a multidisciplinary staff committee
181 consisting of at least one of each of the following:
182 (a) A licensed mental health professional.
183 (b) A licensed medical professional.
184 (c) A member of the leadership of the facility.
185 Section 2. Paragraph (s) is added to subsection (1) of
186 section 944.09, Florida Statutes, to read:
187 944.09 Rules of the department; offenders, probationers,
188 and parolees.—
189 (1) The department has authority to adopt rules pursuant to
190 ss. 120.536(1) and 120.54 to implement its statutory authority.
191 The rules must include rules relating to:
192 (s) Inmate confinement which are compliant with s. 944.175.
193 Section 3. Paragraph (a) of subsection (4) of section
194 951.23, Florida Statutes, is amended to read:
195 951.23 County and municipal detention facilities;
196 definitions; administration; standards and requirements.—
197 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
There shall be established A five-member working group
200 is established which consists consisting of three persons
201 appointed by the Florida Sheriffs Association and two persons
202 appointed by the Florida Association of Counties to develop
203 model standards for county and municipal detention facilities.
204 At a minimum By October 1, 1996, each sheriff and chief
205 correctional officer shall adopt , at a minimum, the model
206 standards with reference to:
207 1.a. The construction, equipping, maintenance, and
208 operation of county and municipal detention facilities.
209 b. The cleanliness and sanitation of county and municipal
210 detention facilities; the number of county and municipal
211 prisoners who may be housed therein per specified unit of floor
212 space; the quality, quantity, and supply of bedding furnished to
213 such prisoners; the quality, quantity, and diversity of food
214 served to them and the manner in which it is served; the
215 furnishing to them of medical attention and health and comfort
216 items; and the disciplinary treatment that which may be meted
217 out to them.
219 Notwithstanding the provisions of the otherwise applicable
220 building code, a reduced custody housing area may be occupied by
221 inmates or may be used for sleeping purposes as allowed in
222 subsection (7). The sheriff or chief correctional officer shall
223 provide that a reduced custody housing area shall be governed by
224 fire and life safety standards which do not interfere with the
225 normal use of the facility and which affect a reasonable degree
226 of compliance with rules of the State Fire Marshal for
227 correctional facilities.
228 2. The confinement of prisoners by classification and
229 providing, whenever possible, for classifications that which
230 separate males from females, juveniles from adults, felons from
231 misdemeanants, and those awaiting trial from those convicted
232 and, in addition, providing for the separation of special risk
233 prisoners, such as the mentally ill, alcohol or narcotic
234 addicts, sex deviates, suicide risks, and any other
235 classification which the local unit may deem necessary for the
236 safety of the prisoners and the operation of the facility
237 pursuant to degree of risk and danger criteria. Nondangerous
238 felons may be housed with misdemeanants.
239 3. The confinement of prisoners, in compliance with s.
241 Section 4. Paragraph (b) of subsection (9) of section
242 985.601, Florida Statutes, is amended to read:
243 985.601 Administering the juvenile justice continuum.—
245 (b) The department shall adopt rules prescribing standards
246 and requirements with reference to:
247 1. The construction, equipping, maintenance, staffing,
248 programming, and operation of detention facilities;
249 2. The treatment, training, and education of children
250 confined in detention facilities;
251 3. The cleanliness and sanitation of detention facilities;
252 4. The number of children who may be housed in detention
253 facilities per specified unit of floor space;
254 5. The quality, quantity, and supply of bedding furnished
255 to children housed in detention facilities;
256 6. The quality, quantity, and diversity of food served in
257 detention facilities and the manner in which it is served;
258 7. The furnishing of medical attention and health and
259 comfort items in detention facilities; and
260 8. The disciplinary treatment administered in detention
261 facilities; and
262 9. The use of restrictive confinement for prisoners, in
263 compliance with s. 944.175.
264 Section 5. For the purpose of incorporating the amendment
265 made by this act to section 944.09, Florida Statutes, in a
266 reference thereto, subsection (1) of section 944.279, Florida
267 Statutes, is reenacted to read:
268 944.279 Disciplinary procedures applicable to prisoner for
269 filing frivolous or malicious actions or bringing false
270 information before court.—
271 (1) At any time, and upon its own motion or on motion of a
272 party, a court may conduct an inquiry into whether any action or
273 appeal brought by a prisoner was brought in good faith. A
274 prisoner who is found by a court to have brought a frivolous or
275 malicious suit, action, claim, proceeding, or appeal in any
276 court of this state or in any federal court, which is filed
277 after June 30, 1996, or to have brought a frivolous or malicious
278 collateral criminal proceeding, which is filed after September
279 30, 2004, or who knowingly or with reckless disregard for the
280 truth brought false information or evidence before the court, is
281 subject to disciplinary procedures pursuant to the rules of the
282 Department of Corrections. The court shall issue a written
283 finding and direct that a certified copy be forwarded to the
284 appropriate institution or facility for disciplinary procedures
285 pursuant to the rules of the department as provided in s.
287 Section 6. This act shall take effect July 1, 2022.