Bill Text: FL S0852 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Incarcerated Pregnant Women
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2020-03-11 - Laid on Table, refer to CS/CS/HB 1259 [S0852 Detail]
Download: Florida-2020-S0852-Introduced.html
Bill Title: Incarcerated Pregnant Women
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2020-03-11 - Laid on Table, refer to CS/CS/HB 1259 [S0852 Detail]
Download: Florida-2020-S0852-Introduced.html
Florida Senate - 2020 SB 852 By Senator Pizzo 38-00969-20 2020852__ 1 A bill to be entitled 2 An act relating to restrictive housing for 3 incarcerated pregnant women; amending s. 944.241, 4 F.S.; defining the term “restrictive housing”; 5 prohibiting the involuntary placement of pregnant 6 prisoners in restrictive housing; providing 7 exceptions; requiring corrections officials to write a 8 specified report if an extraordinary circumstance 9 necessitates placing a pregnant prisoner in 10 restrictive housing; providing requirements for the 11 report; requiring corrections officials to review such 12 reports at specified intervals; requiring a copy of 13 such reports and reviews to be provided to pregnant 14 prisoners in restrictive housing; providing 15 requirements for the treatment of pregnant prisoners 16 placed in restrictive housing; requiring pregnant 17 prisoners to be admitted to the infirmary under 18 certain circumstances; providing certain rights for 19 pregnant prisoners admitted to the infirmary; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 944.241, Florida Statutes, is amended to 25 read: 26 944.241Shackling ofIncarcerated pregnant women; 27 restraints; involuntary medical isolation.— 28 (1) SHORT TITLE.—This section may be cited as the “Healthy 29 Pregnancies for Incarcerated Women Act.” 30 (2) DEFINITIONS.—As used in this section, the term: 31 (a) “Correctional institution” means any facility under the 32 authority of the department or the Department of Juvenile 33 Justice, a county or municipal detention facility, or a 34 detention facility operated by a private entity. 35 (b) “Corrections official” means the official who is 36 responsible for oversight of a correctional institution, or his 37 or her designee. 38 (c) “Department” means the Department of Corrections. 39 (d) “Extraordinary circumstance” means a substantial flight 40 risk or some other extraordinary medical or security 41 circumstance that dictates restraints be used to ensure the 42 safety and security of the prisoner, the staff of the 43 correctional institution or medical facility, other prisoners, 44 or the public. 45 (e) “Labor” means the period of time before a birth during 46 which contractions are of sufficient frequency, intensity, and 47 duration to bring about effacement and progressive dilation of 48 the cervix. 49 (f) “Postpartum recovery” means, as determined by her 50 physician, the period immediately following delivery, including 51 the recovery period when a woman is in the hospital or infirmary 52 following birth, up to 24 hours after delivery unless the 53 physician after consultation with the department or correctional 54 institution recommends a longer period of time. 55 (g) “Prisoner” means any person incarcerated or detained in 56 any correctional institution who is accused of, convicted of, 57 sentenced for, or adjudicated delinquent for a violation of 58 criminal law or the terms and conditions of parole, probation, 59 community control, pretrial release, or a diversionary program. 60 For purposes of this section, the term includes any woman 61 detained under the immigration laws of the United States at any 62 correctional institution. 63 (h) “Restraints” means any physical restraint or mechanical 64 device used to control the movement of a prisoner’s body or 65 limbs, including, but not limited to, flex cuffs, soft 66 restraints, hard metal handcuffs, a black box, chubb cuffs, leg 67 irons, belly chains, a security or tether chain, or a convex 68 shield. 69 (i) “Restrictive housing” means housing some prisoners 70 separately from the general population of a correctional 71 institution and imposing restrictions on their movement, 72 behavior, and privileges. The term includes placing the prisoner 73 in medical isolation or in the infirmary. 74 (3) RESTRAINT OF PRISONERS.— 75 (a) Restraints may not be used on a prisoner who is known 76 to be pregnant during labor, delivery, and postpartum recovery, 77 unless the corrections official makes an individualized 78 determination that the prisoner presents an extraordinary 79 circumstance, except that: 80 1. The physician may request that restraints not be used 81 for documentable medical purposes. The correctional officer, 82 correctional institution employee, or other officer accompanying 83 the pregnant prisoner may consult with the medical staff; 84 however, if the officer determines there is an extraordinary 85 public safety risk, the officer is authorized to apply 86 restraints as limited by subparagraph 2. 87 2.Under no circumstances shallLeg, ankle, or waist 88 restraints may not be used on any pregnant prisoner who is in 89 labor or delivery. 90 (b) If restraints are used on a pregnant prisoner pursuant 91 to paragraph (a): 92 1. The type of restraint applied and the application of the 93 restraint must be done in the least restrictive manner 94 necessary; and 95 2. The corrections official shall make written findings 96 within 10 days after the use of restraints as to the 97 extraordinary circumstance that dictated the use of the 98 restraints. These findings shall be kept on file by the 99 department or correctional institution for at least 5 years. 100 (c) During the third trimester of pregnancy or when 101 requested by the physician treating a pregnant prisoner, unless 102 there are significant documentable security reasons noted by the 103 department or correctional institution to the contrary that 104 would threaten the safety of the prisoner, the unborn child, or 105 the public in general: 106 1. Leg, ankle, and waist restraints may not be used; and 107 2. If wrist restraints are used, they must be applied in 108 the front so the pregnant prisoner is able to protect herself in 109 the event of a forward fall. 110 (d) In addition to the specific requirements of paragraphs 111 (a)-(c), any restraint of a prisoner who is known to be pregnant 112 must be done in the least restrictive manner necessary in order 113 to mitigate the possibility of adverse clinical consequences. 114 (4) ENFORCEMENT.— 115 (a) Notwithstanding any relief or claims afforded by 116 federal or state law, any prisoner who is restrained in 117 violation of this section may file a grievance with the 118 correctional institution, and be granted a 45-day extension if 119 requested in writing pursuant to rules promulgated by the 120 correctional institution. 121 (b) This section does not prevent a woman harmed through 122 the use of restraints under this section from filing a complaint 123 under any other relevant provision of federal or state law. 124 (5) RESTRICTIVE HOUSING.— 125 (a) Except as provided in paragraph (b), a pregnant 126 prisoner may not be involuntarily placed in restrictive housing. 127 (b) A pregnant prisoner may be involuntarily placed in 128 restrictive housing only if the corrections official of the 129 correctional institution, in consultation with the individual 130 overseeing prenatal care and medical treatment at the 131 correctional institution, determines that an extraordinary 132 circumstance exists such that restrictive housing is necessary 133 and that there are no less restrictive means available. 134 1. The corrections official shall, before placing a 135 prisoner in restrictive housing, write a report that states: 136 a. The extraordinary circumstance that is present; and 137 b. The reason less restrictive means are not available. 138 2. The corrections official shall review the report at 139 least every 24 hours to confirm that the extraordinary 140 circumstances cited in the report still exist. A copy of the 141 report and each review must be provided to the prisoner. 142 (c) A pregnant prisoner who is placed in restrictive 143 housing under this section shall be: 144 1. Examined at least every 8 hours by the person overseeing 145 prenatal care and medical treatment in the facility; 146 2. Housed in the least restrictive setting consistent with 147 the health and safety of the individual; and 148 3. Given an intensive treatment plan developed and approved 149 by the person overseeing prenatal care and medical treatment at 150 the facility. 151 (d) If a pregnant prisoner needs infirmary care, a primary 152 care nurse practitioner or obstetrician must provide an order 153 for the prisoner to be admitted to the infirmary. If the 154 prisoner has passed her due date, she must be admitted to the 155 infirmary until labor begins or until the obstetrician makes 156 other housing arrangements. A pregnant prisoner who has been 157 placed in the infirmary shall be provided: 158 1. The same access to outdoor recreation, visitation, mail, 159 and telephone calls as other prisoners; and 160 2. The ability to continue to participate in other 161 privileges and classes granted to the general population. 162 (6)(5)NOTICE TO PRISONERS.— 163 (a) By September 1, 2012, the department and the Department 164 of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1) 165 and 120.54 to administer this section. 166 (b) Each correctional institution shall inform female 167 prisoners of the rules developed pursuant to paragraph (a) upon 168 admission to the correctional institution, including the 169 policies and practices in the prisoner handbook, and post the 170 policies and practices in locations in the correctional 171 institution where such notices are commonly posted and will be 172 seen by female prisoners, including common housing areas and 173 medical care facilities. 174 Section 2. This act shall take effect July 1, 2020.