CRC - 2017 P 75 By Commissioner Martinez martinezr-00091-17 201775__ 1 A proposal to amend 2 Section 15 of Article I of the State Constitution to 3 establish restrictions regarding the restrictive 4 confinement of a child. 5 6 Be It Proposed by the Constitution Revision Commission of 7 Florida: 8 9 Section 15 of Article I of the State Constitution is 10 amended to read: 11 ARTICLE I 12 DECLARATION OF RIGHTS 13 SECTION 15. Prosecution for crime; offenses committed by 14 children; restrictive confinement of children.— 15 (a) No person shall be tried for capital crime without 16 presentment or indictment by a grand jury, or for other felony 17 without such presentment or indictment or an information under 18 oath filed by the prosecuting officer of the court, except 19 persons on active duty in the militia when tried by courts 20 martial. 21 (b) When authorized by law, a child as therein defined may 22 be charged with a violation of law as an act of delinquency 23 instead of crime and tried without a jury or other requirements 24 applicable to criminal cases. Any child so charged shall, upon 25 demand made as provided by law before a trial in a juvenile 26 proceeding, be tried in an appropriate court as an adult. A 27 child found delinquent shall be disciplined as provided by law. 28 (c) A child in the custody of the department of 29 corrections, the department of juvenile justice, or any 30 successor agency; or any jail or detention facility in this 31 state may not be placed in any restrictive confinement away from 32 the facility’s general population for any reason other than to 33 ensure the safety of the child or others. Any child so confined 34 may not be confined for longer than is essential to serve such 35 purpose. The restrictive confinement may not last longer than 36 twenty-four hours unless the confined child’s behavior continues 37 to be such that the child cannot be safely maintained outside of 38 restrictive confinement due to physical aggression. In such 39 instances, confinement beyond twenty-four hours may be allowed 40 if reviewed and approved as prescribed by law. If a child is 41 confined for longer than twenty-four hours, the child must 42 receive mental health evaluations and treatment, as needed.