HB 779

1	A bill to be entitled
2	An act relating to the restraint of incarcerated pregnant
3	women; providing a short title; defining terms;
4	prohibiting a correctional institution or county or
5	municipal detention facility from using restraints on a
6	prisoner known to be pregnant unless a corrections
7	official makes an individualized determination that the
8	prisoner presents an extraordinary circumstance requiring
9	restraints; providing that a doctor, nurse, or other
10	health care professional treating the prisoner may request
11	that restraints not be used, in which case the corrections
12	official accompanying the prisoner shall remove all
13	restraints; requiring that any restraint applied must be
14	done in the least restrictive manner necessary; requiring
15	the corrections official to make written findings within
16	10 days as to the extraordinary circumstance that dictated
17	the use of restraints; requiring that the findings be kept
18	on file by the correctional institution or detention
19	facility for at least 5 years and be made available for
20	public inspection under certain circumstances; authorizing
21	any woman who is restrained in violation of the act to
22	file a complaint within a specified period; providing that
23	these remedies do not prevent a woman harmed from filing a
24	complaint under any other relevant provision of federal or
25	state law; directing the Department of Corrections and the
26	Department of Juvenile Justice to adopt rules; requiring
27	correctional institutions and detention facilities to
28	inform prisoners of the rules upon admission, including
29	the policies and practices in the prisoner handbook, and
30	post the policies and practices in the correctional
31	institution or detention facility; requiring the Secretary
32	of Corrections, the Secretary of Juvenile Justice, and
33	county and municipal corrections officials to annually
34	file written reports with the Executive Office of the
35	Governor detailing each incident of shackling; providing
36	an effective date.
37
38	WHEREAS, restraining a pregnant prisoner can pose undue
39	health risks and increase the potential for physical harm to the
40	woman and her pregnancy, and
41	WHEREAS, the vast majority of female prisoners in this
42	state are nonviolent offenders, and
43	WHEREAS, the impact of such harm to a pregnant woman can
44	negatively affect her pregnancy, and
45	WHEREAS, freedom from physical restraints is especially
46	critical during labor, delivery, and postpartum recovery after
47	delivery as women often need to move around during labor and
48	recovery, including moving their legs as part of the birthing
49	process, and
50	WHEREAS, restraints on a pregnant woman can interfere with
51	the medical staff's ability to appropriately assist in
52	childbirth or to conduct sudden emergency procedures, and
53	WHEREAS, the Federal Bureau of Prisons, the United States
54	Marshals Service, the American Correctional Association, the
55	American College of Obstetricians and Gynecologists, and the
56	American Public Health Association all oppose restraining women
57	during labor, delivery, and postpartum recovery because it is
58	unnecessary and dangerous to a woman's health and well-being,
59	NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Shackling of incarcerated pregnant women.-
64	(1)  SHORT TITLE.-This section may be cited as the "Healthy
65	Pregnancies for Incarcerated Women Act."
66	(2)  DEFINITIONS.-As used in this section, the term:
67	(a)  "Correctional institution" means any facility under
68	the authority of the department, the Department of Juvenile
69	Justice, or a county or municipal detention facility.
70	(b)  "Corrections official" means the official who is
71	responsible for oversight of a correctional institution, or his
72	or her designee.
73	(c)  "Department" means the Department of Corrections.
74	(d)  "Extraordinary circumstance" means a substantial
75	flight risk or some other extraordinary medical or security
76	circumstance that dictates restraints be used to ensure the
77	safety and security of the prisoner, the staff of the
78	correctional institution or medical facility, other prisoners,
79	or the public.
80	(e)  "Labor" means the period of time before a birth during
81	which contractions are of sufficient frequency, intensity, and
82	duration to bring about effacement and progressive dilation of
83	the cervix.
84	(f)  "Postpartum recovery" means, as determined by her
85	physician, the period immediately following delivery, including
86	the recovery period when a woman is in the hospital or infirmary
87	following birth.
88	(g)  "Prisoner" means any person incarcerated or detained
89	in any correctional institution who is accused of, convicted of,
90	sentenced for, or adjudicated delinquent for a violation of
91	criminal law or the terms and conditions of parole, probation,
92	community control, pretrial release, or a diversionary program.
93	For purposes of this section, the term includes any woman
94	detained under the immigration laws of the United States at any
95	correctional institution.
96	(h)  "Restraints" means any physical restraint or
97	mechanical device used to control the movement of a prisoner's
98	body or limbs, including, but not limited to, flex cuffs, soft
99	restraints, hard metal handcuffs, a black box, chubb cuffs, leg
100	irons, belly chains, a security or tether chain, or a convex
101	shield.
102	(3)  RESTRAINT OF PRISONERS.-
103	(a)  A corrections official may not use restraints on a
104	prisoner known to be pregnant, including during labor, transport
105	to a medical facility, delivery, and postpartum recovery, unless
106	the corrections official makes an individualized determination
107	that the prisoner presents an extraordinary circumstance, except
108	that:
109	1.  If the doctor, nurse, or other health care professional
110	treating the prisoner requests that restraints not be used, the
111	corrections official accompanying the pregnant prisoner shall
112	remove all restraints; and
113	2.  Under no circumstances shall leg or waist restraints be
114	used on any pregnant prisoner who is in labor or delivery.
115	(b)  If restraints are used on a pregnant prisoner pursuant
116	to paragraph (a):
117	1.  The type of restraint applied and the application of
118	the restraint must be done in the least restrictive manner
119	necessary; and
120	2.  The corrections official shall make written findings
121	within 10 days as to the extraordinary circumstance that
122	dictated the use of the restraints. These findings shall be kept
123	on file by the correctional institution for at least 5 years and
124	be made available for public inspection, except that the
125	identifying information of a prisoner may not be made public
126	without the prisoner's prior written consent.
127	(4)  ENFORCEMENT.-
128	(a)  Notwithstanding any relief or claims afforded by
129	federal or state law, any prisoner who is restrained in
130	violation of this section may file a complaint within 1 year
131	after the incident.
132	(b)  This section does not prevent a woman harmed under
133	this section from filing a complaint under any other relevant
134	provision of federal or state law.
135	(5)  NOTICE TO PRISONERS.-
136	(a)  By September 1, 2011, the department and the
137	Department of Juvenile Justice shall adopt rules pursuant to ss.
138	120.536(1) and 120.54, Florida Statutes, to administer this
139	section.
140	(b)  Each correctional institution shall inform prisoners
141	of the rules developed pursuant to paragraph (a) upon admission
142	to the correctional institution, including the policies and
143	practices in the prisoner handbook, and post the policies and
144	practices in locations in the correctional institution where
145	such notices are commonly posted, including common housing areas
146	and medical care facilities.
147	(6)  ANNUAL REPORT.-By June 30 of each year, the Secretary
148	of Corrections, the Secretary of Juvenile Justice, and the
149	corrections official of each municipal and county detention
150	facility where a pregnant prisoner had been shackled during that
151	previous year shall submit a written report to the Executive
152	Office of the Governor which includes an account of every
153	instance using restraints pursuant to this section. The written
154	reports may not contain identifying information of any prisoner.
155	Such reports shall be made available for public inspection.
156	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.