Florida Senate - 2024                                    SB 1696
       
       
        
       By Senator Powell
       
       
       
       
       
       24-01397-24                                           20241696__
    1                        A bill to be entitled                      
    2         An act relating to an annual study of the use of
    3         restrictive housing; creating s. 944.022, F.S.;
    4         requiring the Office of Program Policy Analysis and
    5         Government Accountability to conduct an annual study
    6         on the use of restrictive housing for all prisoners in
    7         the state correctional system; specifying the types of
    8         restrictive housing placements to be studied;
    9         requiring that the annual study include specified data
   10         per certain age groups and categories as it relates to
   11         the uses of restrictive housing, to include the
   12         frequency and duration, demographic information, the
   13         conditions of restrictive housing, mental health,
   14         economic data, and program questions; requiring state
   15         agencies and contractors that receive state funds to
   16         comply with requests from the office; requiring the
   17         office, beginning on a specified date and annually
   18         thereafter, to submit a report to the Governor and the
   19         Legislature; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 944.022, Florida Statutes, is created to
   24  read:
   25         944.022 Ongoing, annual study on the use of restrictive
   26  housing.—The Office of Program Policy Analysis and Government
   27  Accountability shall conduct an annual study on the use of
   28  restrictive housing for all prisoners in the state correctional
   29  system. The restrictive housing placements to be studied
   30  include, but are not limited to, maximum management,
   31  disciplinary confinement, close management I, II, and III, and
   32  administrative confinement pursuant to pursuant to rule 33
   33  602.220, Florida Administrative Code. These restrictive housing
   34  examples are typically described as solitary confinement. The
   35  restrictive housing placements to be studied must include
   36  individuals placed in single cells and double cells.
   37         (1)The annual study must include all of the following
   38  data, disaggregated per individuals under 18 years of age, per
   39  individuals 18 to 21 years of age, per individuals 22 to 49
   40  years of age, and per individuals 50 years of age and older;
   41  disaggregated per correctional facility; disaggregated per type
   42  of restrictive housing; and aggregated per total of the
   43  Department of Corrections, as follows:
   44         (a)Frequency and duration.
   45         1.The total number of individuals placed in any type of
   46  restrictive housing.
   47         2.The total number of monthly restrictive housing
   48  placements at each facility, including by type of restrictive
   49  housing.
   50         3.The duration of each individual’s placement in
   51  restrictive housing, including the total number of consecutive
   52  days any individual is continuously assigned to any type of
   53  restrictive housing and the number of consecutive days an
   54  individual is continuously assigned to each type of restrictive
   55  housing.
   56         4.The reason each individual is placed in restrictive
   57  housing.
   58         5.The frequency at which each individual is placed in any
   59  type of restrictive housing during the year.
   60         (b)Demographic information.—For each individual placed in
   61  restrictive housing during the year:
   62         1.The individual’s gender, race, ethnicity, and age at the
   63  time of entering restrictive housing.
   64         2.Whether each individual placed in restrictive housing
   65  has any known qualifying disability under the federal Americans
   66  with Disabilities Act, including, but not limited to, mental
   67  illnesses, sensory disabilities, mobility disabilities,
   68  intellectual disabilities, neurological disabilities, or chronic
   69  medical conditions, and if so, which disabilities.
   70         3.Whether each individual placed in restrictive housing
   71  has any known developmental disabilities, including, but not
   72  limited to, autism spectrum disorder, intellectual disabilities,
   73  or learning disorders, and, if so, which developmental
   74  disabilities.
   75         (c)Conditions of restrictive housing.
   76         1.Which, if any, alternative strategies were employed
   77  before the use of restrictive housing.
   78         2.Which, if any, mental health interventions were used
   79  during restrictive housing.
   80         3.How often security checks were conducted by correctional
   81  staff for individuals in restrictive housing.
   82         4.The frequency and duration of each medical check for
   83  individuals in restrictive housing, as determined through video
   84  review.
   85         5.The frequency of restrictions on property or removal of
   86  inmate property as outlined in rule 33-602.201, Florida
   87  Administrative Code, during restrictive housing. If there are
   88  any restrictions or removals, the reasons for the property
   89  restriction or removal, the duration of the property restriction
   90  or removal, and the type of property restricted or removed, such
   91  as a mattress, sheets, clothes, or personal property.
   92         6.The number of accommodations requests pursuant to the
   93  Americans with Disabilities Act during restrictive housing and
   94  the number of accommodations provided.
   95         7.The conditions of restrictive housing in each facility,
   96  including, but not limited to, air conditioning and access to
   97  legal phone calls, reading materials, adequate nutrition,
   98  clothing, medicine or medical attention, showers, and hygienic
   99  supplies.
  100         8.The size of each room used for restrictive housing.
  101         9.For individuals under the age of 18 placed in
  102  restrictive housing, whether they had an individual education
  103  plan when they entered restrictive housing and, if so, whether
  104  they had access to all of the support services, accommodations,
  105  and modifications included in the individual education plan
  106  during restrictive housing.
  107         (d)Mental health.—This study shall analyze all of the
  108  following:
  109         1.If and how being placed in restrictive housing impacts
  110  an individual’s mental health, including the severity of mental
  111  illness before, during, and after restrictive housing.
  112         2.The number of placements in Self-Harm Observation Status
  113  and the number of instances of self-injurious behavior,
  114  including self-mutilations and other types of self-harm that
  115  occurred during restrictive housing.
  116         3.The number of placements in inpatient mental health
  117  treatment, including crisis stabilization units, transitional
  118  care units, and mental health treatment facilities.
  119         4.The number of attempted suicides that occurred in
  120  restrictive housing.
  121         5.The number of suicides that occurred during restrictive
  122  housing.
  123         6.The number of psychological autopsies conducted on
  124  individuals who had been placed in restrictive housing.
  125         (e)Economic data.—Assuming the Department of Corrections’
  126  compliance with all policies and regulations, all of the
  127  following:
  128         1.The average yearly cost of housing individuals in
  129  maximum management versus the average yearly cost of housing
  130  individuals in the general population.
  131         2.The average yearly cost of housing individuals in
  132  disciplinary confinement versus the average yearly cost of
  133  housing individuals in the general population.
  134         3.The average yearly cost of housing individuals in close
  135  management versus the average yearly cost of housing individuals
  136  in the general population.
  137         4.The average yearly cost of housing individuals in
  138  administrative confinement versus the average yearly cost of
  139  housing individuals in the general population.
  140         5.The average yearly cost of housing individuals in
  141  maximum management, disciplinary confinement, close management,
  142  and administrative confinement versus the average yearly cost of
  143  housing individuals in the general population.
  144         6.If the Department of Corrections calculates the costs of
  145  restrictive housing, state the methodology used by the
  146  department to measure the costs of restrictive housing.
  147         (f)Program questions.
  148         1.Whether restrictive housing is more or less expensive
  149  than the cost of housing an individual in the general
  150  population.
  151         2.Whether the recidivism rate after 3 years is different
  152  for individuals who spent time in restrictive housing than for
  153  individuals who did not.
  154         3.How being placed in isolation impacts an individual’s
  155  mental health.
  156         (2)All state agencies and contractors that receive state
  157  funds of any kind shall comply with each request for data and
  158  information from the Office of Program Policy Analysis and
  159  Government Accountability. By July 1 of each year, beginning in
  160  2025, the Office of Program Policy Analysis and Government
  161  Accountability shall report its findings to the Governor, the
  162  President of the Senate, and the Speaker of the House of
  163  Representatives.
  164         Section 2. This act shall take effect July 1, 2024.