HB 367

1	A bill to be entitled
2	An act relating to the restraint of incarcerated
3	pregnant women; providing a short title; defining
4	terms; prohibiting use of restraints on a prisoner
5	known to be pregnant during labor, delivery, and
6	postpartum recovery unless a corrections official
7	makes an individualized determination that the
8	prisoner presents an extraordinary circumstance
9	requiring restraints; providing that a doctor, nurse,
10	or other health care professional treating the
11	prisoner may request that restraints not be used, in
12	which case the corrections officer or other official
13	accompanying the prisoner shall remove all restraints;
14	requiring that any restraint applied must be done in
15	the least restrictive manner necessary; requiring the
16	corrections official to make written findings within
17	10 days as to the extraordinary circumstance that
18	dictated the use of restraints; restricting the use of
19	waist, wrist, or leg and ankle restraints during the
20	third trimester of pregnancy or when requested by a
21	doctor, nurse, or other health care professional
22	treating the prisoner; providing that the use of
23	restraints at any time after it is known that a
24	prisoner is pregnant must be by the least restrictive
25	manner necessary in order to mitigate the possibility
26	of adverse clinical consequences; requiring that the
27	findings be kept on file by the correctional
28	institution or detention facility for at least 5 years
29	and be made available for public inspection under
30	certain circumstances; authorizing any woman who is
31	restrained in violation of the act to file a grievance
32	within a specified period; providing that these
33	remedies do not prevent a woman harmed from filing a
34	complaint under any other relevant provision of
35	federal or state law; directing the Department of
36	Corrections and the Department of Juvenile Justice to
37	adopt rules; requiring correctional institutions and
38	detention facilities to inform female prisoners of the
39	rules upon admission, include the policies and
40	practices in the prisoner handbook, and post the
41	policies and practices in the correctional institution
42	or detention facility; requiring the Secretary of
43	Corrections, the Secretary of Juvenile Justice, and
44	county and municipal corrections officials to annually
45	file written reports with the Executive Office of the
46	Governor detailing each incident of restraint in
47	violation of law or as an authorized exception;
48	providing an effective date.
49
50	WHEREAS, restraining a pregnant prisoner can pose undue
51	health risks and increase the potential for physical harm to the
52	woman and her pregnancy, and
53	WHEREAS, the vast majority of female prisoners in this
54	state are nonviolent offenders, and
55	WHEREAS, the impact of such harm to a pregnant woman can
56	negatively affect her pregnancy, and
57	WHEREAS, freedom from physical restraints is especially
58	critical during labor, delivery, and postpartum recovery after
59	delivery as women often need to move around during labor and
60	recovery, including moving their legs as part of the birthing
61	process, and
62	WHEREAS, restraints on a pregnant woman can interfere with
63	the medical staff's ability to appropriately assist in
64	childbirth or to conduct sudden emergency procedures, and
65	WHEREAS, the Federal Bureau of Prisons, the United States
66	Marshals Service, the American Correctional Association, the
67	American College of Obstetricians and Gynecologists, and the
68	American Public Health Association all oppose restraining women
69	during labor, delivery, and postpartum recovery because it is
70	unnecessary and dangerous to a woman's health and well-being,
71	NOW, THEREFORE,
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Shackling of incarcerated pregnant women.-
76	(1)  SHORT TITLE.-This section may be cited as the "Healthy
77	Pregnancies for Incarcerated Women Act."
78	(2)  DEFINITIONS.-As used in this section, the term:
79	(a)  "Correctional institution" means any facility under
80	the authority of the department or the Department of Juvenile
81	Justice, a county or municipal detention facility, or a
82	detention facility operated by a private entity.
83	(b)  "Corrections official" means the official who is
84	responsible for oversight of a correctional institution, or his
85	or her designee.
86	(c)  "Department" means the Department of Corrections.
87	(d)  "Extraordinary circumstance" means a substantial
88	flight risk or some other extraordinary medical or security
89	circumstance that dictates restraints be used to ensure the
90	safety and security of the prisoner, the staff of the
91	correctional institution or medical facility, other prisoners,
92	or the public.
93	(e)  "Labor" means the period of time before a birth during
94	which contractions are of sufficient frequency, intensity, and
95	duration to bring about effacement and progressive dilation of
96	the cervix.
97	(f)  "Postpartum recovery" means, as determined by her
98	physician, the period immediately following delivery, including
99	the recovery period when a woman is in the hospital or infirmary
100	following birth.
101	(g)  "Prisoner" means any person incarcerated or detained
102	in any correctional institution who is accused of, convicted of,
103	sentenced for, or adjudicated delinquent for a violation of
104	criminal law or the terms and conditions of parole, probation,
105	community control, pretrial release, or a diversionary program.
106	For purposes of this section, the term includes any woman
107	detained under the immigration laws of the United States at any
108	correctional institution.
109	(h)  "Restraints" means any physical restraint or
110	mechanical device used to control the movement of a prisoner's
111	body or limbs, including, but not limited to, flex cuffs, soft
112	restraints, hard metal handcuffs, a black box, chubb cuffs, leg
113	irons, belly chains, a security or tether chain, or a convex
114	shield.
115	(3)  RESTRAINT OF PRISONERS.-
116	(a)  Restraints may not be used on a prisoner who is known
117	to be pregnant during labor, delivery, and postpartum recovery,
118	unless the corrections official makes an individualized
119	determination that the prisoner presents an extraordinary
120	circumstance, except that:
121	1.  If the doctor, nurse, or other health care professional
122	treating the prisoner requests that restraints not be used, the
123	corrections officer, correctional institution employee, or other
124	officer accompanying the pregnant prisoner shall remove all
125	restraints; and
126	2.  Under no circumstances shall leg, ankle, or waist
127	restraints be used on any pregnant prisoner who is in labor or
128	delivery.
129	(b)  If restraints are used on a pregnant prisoner pursuant
130	to paragraph (a):
131	1.  The type of restraint applied and the application of
132	the restraint must be done in the least restrictive manner
133	necessary; and
134	2.  The corrections official shall make written findings
135	within 10 days after the use of restraints as to the
136	extraordinary circumstance that dictated the use of the
137	restraints. These findings shall be kept on file by the
138	correctional institution for at least 5 years and be made
139	available for public inspection.
140	(c)  During the third trimester of pregnancy, or when
141	requested by the doctor, nurse, or other health care
142	professional treating the pregnant prisoner:
143	1.  Waist restraints that directly constrict the area of
144	pregnancy may not be used;
145	2.  If wrist restraints are used, they must be applied in
146	such a way that the pregnant prisoner is able to protect herself
147	in the event of a forward fall; and
148	3.  Leg and ankle restraints that restrain the legs close
149	together may not be used when the prisoner is required to walk
150	or stand.
151	4.  Use of leg, ankle, or waist restraints is subject to
152	the provisions of subparagraph (a)2.
153	(d)  In addition to the specific requirements of paragraphs
154	(a)-(c), any restraint of a prisoner who is known to be pregnant
155	must be done in the least restrictive manner necessary in order
156	to mitigate the possibility of adverse clinical consequences.
157	(4)  ENFORCEMENT.-
158	(a)  Notwithstanding any relief or claims afforded by
159	federal or state law, any prisoner who is restrained in
160	violation of this section may file a grievance with the
161	department pursuant to s. 944.331, Florida Statutes, within 1
162	year after the incident.
163	(b)  This section does not prevent a woman harmed under
164	this section from filing a complaint under any other relevant
165	provision of federal or state law.
166	(5)  NOTICE TO PRISONERS.-
167	(a)  By September 1, 2012, the department and the
168	Department of Juvenile Justice shall adopt rules pursuant to ss.
169	120.536(1) and 120.54, Florida Statutes, to administer this
170	section.
171	(b)  Each correctional institution shall inform female
172	prisoners of the rules developed pursuant to paragraph (a) upon
173	admission to the correctional institution, including the
174	policies and practices in the prisoner handbook, and post the
175	policies and practices in locations in the correctional
176	institution where such notices are commonly posted and will be
177	seen by female prisoners, including common housing areas and
178	medical care facilities.
179	(6)  ANNUAL REPORT.-By June 30 of each year, the Secretary
180	of Corrections, the Secretary of Juvenile Justice, and the
181	corrections official of each municipal and county detention
182	facility where a pregnant prisoner has been restrained pursuant
183	to paragraph (3)(a), or in violation of subsection (3), during
184	the previous year shall submit a written report to the Executive
185	Office of the Governor which includes an account of every such
186	instance. Such reports shall be made available for public
187	inspection.
188	Section 2.  This act shall take effect July 1, 2012.

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