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Florida Constitution Revision Commission

PUB 700561: Elimination of Solitary Confinement for Children by Daniel

ARTICLE I: DECLARATION OF RIGHTS, Section 15. Prosecution for crime; offenses committed by children.

SECTION 15.

Prosecution for crime; offenses committed by children; confinement for children.

  1. No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.
  2. When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.
  3. No child in the custody of the Department of Corrections, Department of Juvenile Justice, or any jail in the State shall be placed in any type of closed confinement for any reason other than to ensure the safety of the child or others. Any child so confined will not be confined for longer than is absolutely necessary to serve this purpose. This confinement can last no longer than 72 hours.