The amendments implement the provisions in chapter 2020-89, Laws of Florida, that impose new limitations on the use of restrictive housing for pregnant prisoners.

 

DEPARTMENT OF JUVENILE JUSTICE

Residential Services

RULE NOS.:RULE TITLES:

63E-7.100Definitions

63E-7.107Safety and Security

PURPOSE AND EFFECT: The amendments implement the provisions in chapter 2020-89, Laws of Florida, that impose new limitations on the use of restrictive housing for pregnant prisoners.

SUMMARY: The amendments add a definition for "pregnant youth," and limit the use of controlled observation for such youth in residential facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 985.64, 985.601, 944.241, FS

LAW IMPLEMENTED: 985.601, 985,441, 944.241, FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, November 5, 2020, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63E-7.100 Definitions.

For the purpose of this rule chapter, governing the administration and operation of residential commitment programs for youth, the following words shall have the meanings indicated.

(1) through (57) No change.

(58) Pregnant Youth – Any youth whose pregnancy is confirmed by or otherwise known to a qualified healthcare professional at the residential facility.

(58) through (81) renumbered (59) through (82) No change.

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New 5-30-19, Amended __________.

 

63E-7.107 Safety and Security.

(1) through (13) No change.

(14) Controlled Observation. A program may use controlled observation only when necessary and as a last resort. It is intended as an immediate, short-term, crisis management strategy for use during volatile situations in which one or more youths’ sudden or unforeseen onset of behavior imminently and substantially threatens the physical safety of others and compromises security. Controlled observation is not authorized for use as punishment or discipline.

(a) through (k) No change.

(l) A pregnant youth may only be placed in controlled observation when there are no less restrictive means available and such placement is necessary to protect the health and safety of the youth, or to preserve the security of the facility.  If a pregnant youth is placed in controlled observation, the program shall provide a completed copy of the Pregnant Youth Controlled Observation Form (RS 012) to the youth within 12 hours of placement.  The program shall maintain these forms in an administrative file, as well as in the youth’s official healthcare record.  The Pregnant Youth Controlled Observation Form (RS 012 August 2020), is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.aps?No+Ref-?????.

(15) through (21) No change.

Rulemaking Authority 985.64, 985.601(3)(a), 944.241 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 944.241 FS. History–New 5-30-19, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Garrett Tucker, Assistant Secretary for Residential Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 8, 2020