Senate Bill 206 (2022) — Inmate confinement
SB 206
Florida Bills
Florida Senate - 2022 SB 206 By Senator Farmer 34-00134-22 2022206__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to inmate confinement; creating s. 2 944.175, F.S.; defining terms; prohibiting the use of 3 solitary confinement; prohibiting the use of 4 restrictive confinement for noncompliance, punishment, 5 or harassment or in retaliation for an inmate’s 6 conduct; authorizing an inmate to be placed in 7 restrictive confinement only if certain conditions are 8 met; providing restrictions and requirements for such 9 confinement; prohibiting specified inmates from being 10 placed in restrictive confinement; prohibiting youths, 11 young adults, and inmates who have specified medical 12 needs from being placed in restrictive confinement 13 except under specified circumstances; requiring 14 facilities to keep certain records regarding 15 restrictive confinement; requiring the warden of the 16 facility to review such records monthly; requiring the 17 Department of Corrections to provide a specified 18 report to the Department of Law Enforcement; providing 19 that an inmate is entitled to a review of his or her 20 placement in restrictive confinement within a 21 specified timeframe by a specified staff committee; 22 amending s. 944.09, F.S.; requiring the Department of 23 Corrections to adopt certain rules; amending s. 24 951.23, F.S.; requiring sheriffs and chief 25 correctional officers to adopt model standards 26 relating to confinement; amending s. 985.601, F.S.; 27 requiring the Department of Juvenile Justice to adopt 28 rules relating to restrictive confinement; reenacting 29
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. s. 944.279(1), F.S., relating to disciplinary 30 procedures applicable to a prisoner for filing 31 frivolous or malicious actions or for bringing false 32 information before a court, to incorporate the 33 amendment made to s. 944.09, F.S., in a reference 34 thereto; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38
Section
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 18 years of age or older but younger than 21 57 years of age. 58
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. (g) “Youth” means a person in the custody of the department 59 who is younger than 18 years of age. 60
(2) PROHIBITION ON THE USE OF SOLITARY CONFINEMENT.—An 61 inmate may not be placed in solitary confinement. 62
(3) LIMITATIONS ON THE USE OF RESTRICTIVE CONFINEMENT.—An 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, as 68 punishment or harassment, or in retaliation for his or her 69 conduct. If exigent circumstances exist and the inmate is placed 70 in 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 housed 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
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. (
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 be 93 removed from restrictive confinement to prevent a serious risk 94 of harm to the inmate. The licensed mental health professional 95 who conducts the mental health evaluation shall document each 96 evaluation. The documented evaluation must be placed in the 97 inmate’s records.
If the licensed mental health professional 98 determines that continued housing in restrictive confinement 99 poses a serious risk of harm to the inmate, the inmate must be 100 removed from restrictive confinement within 24 hours after such 101 determination. 102
(4) INMATES FOR WHOM RESTRICTIVE CONFINEMENT IS 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
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. 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 may continue only 123 for the time necessary for the youth or young adult to regain 124 self-control. The confinement may not exceed 3 hours. Within 1 125 hour after such placement, a licensed mental health professional 126 shall make a determination approving or disapproving the holding 127 of the youth or young adult past the initial hour of 128 confinement. The licensed mental health professional shall make 129 such determination every hour thereafter in order to continue 130 the confinement. 131 (
b) If the youth or young adult continues to pose a 132 substantial and immediate threat after the applicable maximum 133 period of confinement specified under subparagraph (a)3. has 134 expired, the youth or young adult must be transferred to another 135 facility or to an internal location where crisis services may be 136 provided to the youth or young adult. If a licensed mental 137 health professional believes the level of crisis services needed 138 is not available on site, a facility staff member must initiate 139 a referral to a location that can provide the services required 140 to meet the youth’s or young adult’s needs. 141
(6) INMATES WITH MEDICAL NEEDS.—An inmate who has a serious 142 mental illness, has an intellectual disability, has a physical 143 disability that a licensed medical health professional 144 determines is likely to be exacerbated by placement in 145
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. restrictive confinement, is pregnant or in the first 8 weeks of 146 postpartum recovery, or has been determined by a licensed mental 147 health professional to likely be significantly and adversely 148 affected by placement in restrictive confinement may not be 149 placed in restrictive confinement unless all of the following 150 apply: 151 (
a) The inmate poses a substantial and immediate threat. 152 (
b) All other options to deescalate the situation resulting 153 from the inmate’s behavior have been exhausted, including less 154 restrictive techniques such as penalizing the inmate through 155 loss of privileges, speaking with the inmate in an attempt to 156 resolve the situation, and having a licensed mental health 157 professional provide an appropriate level of care. 158 (
c) Such confinement may continue only until the 159 substantial and immediate threat has ended and is limited to the 160 least restrictive conditions practicable. The inmate must have 161 access to medical care and mental health treatment during such 162 confinement. 163 (
d) Such confinement is reviewed by a multidisciplinary 164 staff committee for appropriateness every 24 hours after such 165 confinement begins. 166 (
e) As soon as practicable, but within at least 5 days 167 after such confinement begins, the inmate is diverted, upon 168 release from restrictive confinement, to a general population 169 unit or a mental health treatment program. 170
(7) REPORTING.—The facility must keep a record of each time 171 restrictive confinement is used under subsections (5) and (6). 172 The warden of the facility shall review such records each month, 173 and the department shall provide a report based on the warden’s 174
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. review to the Department of Law Enforcement each month. 175
(8) REVIEW.—An inmate who is placed in restrictive 176 confinement is entitled to a review of his or her initial 177 placement and any extension of restrictive confinement within 72 178 hours after first being placed in restrictive confinement. The 179 review must be conducted by a multidisciplinary staff committee 180 consisting of at least one of each of the following: 181 (
a) A licensed mental health professional. 182 (
b) A licensed medical professional. 183 (
c) A member of the leadership of the facility. 184
Section 2. Paragraph (
s) is added to subsection (1) of 185
section 944.09, Florida Statutes, to read: 186 944.09 Rules of the department; offenders, probationers, 187 and parolees.— 188
(1) The department has authority to adopt rules pursuant to 189 ss. 120.536(1) and 120.54 to implement its statutory authority. 190 The rules must include rules relating to: 191 (
s) Inmate confinement which are compliant with s. 944.175. 192
Section 3. Paragraph (
a) of subsection (4) of
section 193 951.23, Florida Statutes, is amended to read: 194 951.23 County and municipal detention facilities; 195
definitions; administration; standards and requirements.— 196
(4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL 197 OFFICERS.— 198 (
a) There shall be established A five-member working group 199 is established which consists consisting of three persons 200 appointed by the Florida Sheriffs Association and two persons 201 appointed by the Florida Association of Counties to develop 202 model standards for county and municipal detention facilities. 203
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. At a minimum By October 1, 1996, each sheriff and chief 204 correctional officer shall adopt, at a minimum, the model 205 standards with reference to: 206 1.a. The construction, equipping, maintenance, and 207 operation of county and municipal detention facilities. 208 b.
The cleanliness and sanitation of county and municipal 209 detention facilities; the number of county and municipal 210 prisoners who may be housed therein per specified unit of floor 211 space; the quality, quantity, and supply of bedding furnished to 212 such prisoners; the quality, quantity, and diversity of food 213 served to them and the manner in which it is served; the 214 furnishing to them of medical attention and health and comfort 215 items; and the disciplinary treatment that which may be meted 216 out to them. 217 218 Notwithstanding the provisions of the otherwise applicable 219 building code, a reduced custody housing area may be occupied by 220 inmates or may be used for sleeping purposes as allowed in 221 subsection (7).
The sheriff or chief correctional officer shall 222 provide that a reduced custody housing area shall be governed by 223 fire and life safety standards which do not interfere with the 224 normal use of the facility and which affect a reasonable degree 225 of compliance with rules of the State Fire Marshal for 226 correctional facilities. 227 2.
The confinement of prisoners by classification and 228 providing, whenever possible, for classifications that which 229 separate males from females, juveniles from adults, felons from 230 misdemeanants, and those awaiting trial from those convicted 231 and, in addition, providing for the separation of special risk 232
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. prisoners, such as the mentally ill, alcohol or narcotic 233 addicts, sex deviates, suicide risks, and any other 234 classification which the local unit may deem necessary for the 235 safety of the prisoners and the operation of the facility 236 pursuant to degree of risk and danger criteria. Nondangerous 237 felons may be housed with misdemeanants. 238 3. The confinement of prisoners, in compliance with s. 239 944.175. 240
Section 4. Paragraph (
b) of subsection (9) of
section 241 985.601, Florida Statutes, is amended to read: 242 985.601 Administering the juvenile justice continuum.— 243 (9) 244 (
b) The department shall adopt rules prescribing standards 245 and requirements with reference to: 246 1. The construction, equipping, maintenance, staffing, 247 programming, and operation of detention facilities; 248 2. The treatment, training, and education of children 249 confined in detention facilities; 250 3. The cleanliness and sanitation of detention facilities; 251 4. The number of children who may be housed in detention 252 facilities per specified unit of floor space; 253 5. The quality, quantity, and supply of bedding furnished 254 to children housed in detention facilities; 255 6.
The quality, quantity, and diversity of food served in 256 detention facilities and the manner in which it is served; 257 7. The furnishing of medical attention and health and 258 comfort items in detention facilities; and 259 8. The disciplinary treatment administered in detention 260 facilities; and 261
Florida Senate - 2022 SB 206 34-00134-22 2022206__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. 9. The use of restrictive confinement for prisoners, in 262 compliance with s. 944.175. 263
Section 5. For the purpose of incorporating the amendment 264 made by this act to
section 944.09, Florida Statutes, in a 265 reference thereto, subsection (1) of
section 944.279, Florida 266 Statutes, is reenacted to read: 267 944.279 Disciplinary procedures applicable to prisoner for 268 filing frivolous or malicious actions or bringing false 269 information before court.— 270
(1) At any time, and upon its own motion or on motion of a 271 party, a court may conduct an inquiry into whether any action or 272 appeal brought by a prisoner was brought in good faith.
A 273 prisoner who is found by a court to have brought a frivolous or 274 malicious suit, action, claim, proceeding, or appeal in any 275 court of this state or in any federal court, which is filed 276 after June 30, 1996, or to have brought a frivolous or malicious 277 collateral criminal proceeding, which is filed after September 278 30, 2004, or who knowingly or with reckless disregard for the 279 truth brought false information or evidence before the court, is 280 subject to disciplinary procedures pursuant to the rules of the 281 Department of Corrections.
The court shall issue a written 282 finding and direct that a certified copy be forwarded to the 283 appropriate institution or facility for disciplinary procedures 284 pursuant to the rules of the department as provided in s. 285 944.09. 286