Florida Senate - 2019                                    SB 1326
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01350B-19                                          20191326__
    1                        A bill to be entitled                      
    2         An act relating to incarcerated women with newborn
    3         children; amending ss. 944.24 and 951.175, F.S.;
    4         requiring certain women inmates within the state and
    5         county correctional systems who have newborn children
    6         to be allowed specified visitation and physical touch
    7         privileges with their newborn children; prohibiting
    8         such inmates from being relocated during the term of
    9         their imprisonment except under certain circumstances;
   10         amending s. 944.09, F.S.; authorizing the Department
   11         of Corrections to adopt rules relating to the visiting
   12         hours and privileges of such inmates; amending s.
   13         944.611, F.S.; providing legislative intent regarding
   14         the location of such inmates for the term of their
   15         imprisonment; amending s. 951.23, F.S.; requiring
   16         sheriffs and chief correctional officers to adopt
   17         model standards relating to such inmates; deleting
   18         obsolete language; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (6) of section 944.24, Florida
   23  Statutes, is amended, and subsection (7) is added to that
   24  section, to read:
   25         944.24 Administration of correctional institutions for
   26  women.—
   27         (6) Any woman inmate who gives birth to a child during her
   28  term of imprisonment may be temporarily taken to a hospital
   29  outside the prison for the purpose of childbirth, and the charge
   30  for hospital and medical care must shall be charged against the
   31  funds allocated to the institution. The department shall provide
   32  for the care of any child so born, in compliance with the rights
   33  afforded to the inmate under subsection (7), and shall pay for
   34  the child’s care until the child is suitably placed outside the
   35  prison system.
   36         (7)Any woman inmate who has given birth up to 1 month
   37  before being detained or sentenced or within 9 months after
   38  being detained or sentenced:
   39         (a) Must be allowed the following visitation hours with the
   40  child, unless such visitation is prohibited by s.
   41  944.09(1)(n)2.:
   42         1. For 6 weeks after the child’s birth, visitation hours
   43  with the child every day; and
   44         2. After the first 6 weeks after the child’s birth,
   45  visitation hours with the child at least 4 days a week until the
   46  child reaches 1 year of age. After the child reaches 1 year of
   47  age, normal visitation hours apply;
   48         (b) Must be allowed to make physical contact with the
   49  child, including, but not limited to, holding, hugging, kissing,
   50  breastfeeding, cleaning the child, and changing the child’s
   51  clothes, unless such contact is prohibited by s. 944.09(1)(n)2.;
   52  and
   53         (c) May not be relocated from a Department of Corrections
   54  facility during the length of her imprisonment, unless one of
   55  the following subparagraphs applies:
   56         1.The inmate:
   57         a. Requires specific medical or mental health treatment
   58  under ss. 945.12 and 945.43-945.45;
   59         b. Is forced to relocate due to her classification status
   60  under ss. 944.17 and 944.1905; or
   61         c. Requires access to the programs or services listed under
   62  ss. 944.473, 944.705-944.707, and 944.803.
   63         2.The inmate’s child is relocated during the inmate’s
   64  detention.
   65         Section 2. Subsection (5) of section 951.175, Florida
   66  Statutes, is amended, and subsection (6) is added to that
   67  section, to read:
   68         951.175 Provision of programs for women.—
   69         (5) Any woman inmate who gives birth to a child during her
   70  term of imprisonment may be temporarily taken to a hospital
   71  outside the detention facility for the purpose of childbirth,
   72  and the charge for hospital and medical care shall be charged
   73  against the funds allocated to the detention facility. The
   74  county shall provide for the care, in compliance with the rights
   75  afforded to the inmate under subsection (7), of any child so
   76  born and shall pay for the child’s care until the child is
   77  suitably placed outside the prison system.
   78         (6) Any woman inmate who has given birth up to 1 month
   79  before being detained or sentenced or within 9 months after
   80  being detained or sentenced:
   81         (a) Must be allowed the following visitation hours with the
   82  child, unless such visitation is otherwise prohibited by law:
   83         1. For 6 weeks after the child’s birth, visitation hours
   84  with the child every day; and
   85         2. After the first 6 weeks after the child’s birth,
   86  visitation hours with the child at least 4 days a week until the
   87  child reaches 1 year of age. After the child reaches 1 year of
   88  age, normal visitation hours apply.
   89         (b) Must be allowed to make physical contact with the
   90  child, including, but not limited to, holding, hugging, kissing,
   91  breastfeeding, cleaning the child, and changing the child’s
   92  clothes, unless such contact is otherwise prohibited by law.
   93         Section 3. Paragraph (n) of subsection (1) of section
   94  944.09, Florida Statutes, is amended to read:
   95         944.09 Rules of the department; offenders, probationers,
   96  and parolees.—
   97         (1) The department has authority to adopt rules pursuant to
   98  ss. 120.536(1) and 120.54 to implement its statutory authority.
   99  The rules must include rules relating to:
  100         (n) Visiting hours and privileges. The rules must shall
  101  provide that:
  102         1. Except as provided in subparagraph 2., any woman inmate
  103  who has given birth up to 1 month before being detained or
  104  sentenced or within 9 months after being detained or sentenced
  105  be provided with visitation hours with the newborn child
  106  pursuant to s. 944.24(7)(a) and be allowed to make physical
  107  contact with her child pursuant to s. 944.24(7)(b).
  108         2. Any inmate with a current or prior conviction for any
  109  offense contained in chapter 794, chapter 800, chapter 827, or
  110  chapter 847 for committing or attempting to commit aggravated
  111  child abuse or committing or attempting to commit a sex act on,
  112  in the presence of, or against a child under the age of 16
  113  years, may shall not be allowed visitation with anyone under the
  114  age of 18 years, unless special visitation is approved by the
  115  warden. The authorization for special visitation must shall be
  116  based on extenuating circumstances that serve the interest of
  117  the children. If visiting is restricted by court order,
  118  permission for special visitation may be granted only by the
  119  judge issuing the order.
  120         Section 4. Paragraph (e) is added to subsection (2) of
  121  section 944.611, Florida Statutes, to read:
  122         944.611 Legislative intent.—The Legislature finds and
  123  declares that:
  124         (2) It is the intent of the Legislature that:
  125         (e) Any woman inmate who has given birth up to 1 month
  126  before being detained or sentenced or within 9 months after
  127  being detained or sentenced must be placed in and not be moved
  128  from the institution or facility nearest the permanent residence
  129  of the inmate’s newborn child or the inmate’s county of
  130  commitment during the length of her term of imprisonment, unless
  131  one of the following subparagraphs applies:
  132         1.The inmate:
  133         a. Requires specific medical or mental health treatment
  134  under ss. 945.12 and 945.43-945.45;
  135         b. Is forced to relocate due to her classification status
  136  under ss. 944.17 and 944.1905; or
  137         c. Requires access to the programs or services listed under
  138  ss. 944.473, 944.705-944.707, and 944.803.
  139         2.The inmate’s child is relocated during the inmate’s
  140  detention.
  141         Section 5. Paragraph (a) of subsection (4) of section
  142  951.23, Florida Statutes, is amended to read:
  143         951.23 County and municipal detention facilities;
  144  definitions; administration; standards and requirements.—
  145         (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
  146  OFFICERS.—
  147         (a) There shall be established A five-member working group
  148  is established, which consists consisting of three persons
  149  appointed by the Florida Sheriffs Association and two persons
  150  appointed by the Florida Association of Counties to develop
  151  model standards for county and municipal detention facilities.
  152  At a minimum By October 1, 1996, each sheriff and chief
  153  correctional officer shall adopt, at a minimum, the model
  154  standards with reference to:
  155         1.a. The construction, equipping, maintenance, and
  156  operation of county and municipal detention facilities.
  157         b. The cleanliness and sanitation of county and municipal
  158  detention facilities; the number of county and municipal
  159  prisoners who may be housed therein per specified unit of floor
  160  space; the quality, quantity, and supply of bedding furnished to
  161  such prisoners; the quality, quantity, and diversity of food
  162  served to them and the manner in which it is served; the
  163  furnishing to them of medical attention and health and comfort
  164  items; and the disciplinary treatment that which may be meted
  165  out to them.
  166  
  167  Notwithstanding the provisions of the otherwise applicable
  168  building code, a reduced custody housing area may be occupied by
  169  inmates or may be used for sleeping purposes as allowed in
  170  subsection (7). The sheriff or chief correctional officer shall
  171  provide that a reduced custody housing area shall be governed by
  172  fire and life safety standards which do not interfere with the
  173  normal use of the facility and which affect a reasonable degree
  174  of compliance with rules of the State Fire Marshal for
  175  correctional facilities.
  176         2. The confinement of prisoners by classification and
  177  providing, whenever possible, for classifications which separate
  178  males from females, juveniles from adults, felons from
  179  misdemeanants, and those awaiting trial from those convicted
  180  and, in addition, providing for the separation of special risk
  181  prisoners, such as the mentally ill, alcohol or narcotic
  182  addicts, sex deviates, suicide risks, and any other
  183  classification which the local unit may deem necessary for the
  184  safety of the prisoners and the operation of the facility
  185  pursuant to degree of risk and danger criteria. Nondangerous
  186  felons may be housed with misdemeanants.
  187         3. The rights afforded under s. 951.175 to woman inmates
  188  who have given birth up to 1 month before being detained or
  189  sentenced or within 9 months after being detained or sentenced.
  190         Section 6. This act shall take effect July 1, 2019.