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.
    6  Be It Proposed by the Constitution Revision Commission of
    7  Florida:
    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.