Florida Senate - 2012                                     SB 524
       By Senator Joyner
       18-00078A-12                                           2012524__
    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         determines that the prisoner presents an extraordinary
    8         circumstance; requiring that a corrections officer or
    9         other official accompanying a prisoner remove all
   10         restraints if the doctor, nurse, or other health care
   11         professional treating the prisoner requests that
   12         restraints not be used; prohibiting leg, ankle, or
   13         waist restraints from being used on a prisoner under
   14         specified circumstances; requiring that restraints be
   15         applied in the least restrictive manner necessary;
   16         requiring that the corrections official make written
   17         findings within 10 days as to the extraordinary
   18         circumstance that dictated the use of restraints;
   19         requiring that the findings be kept on file for a
   20         certain period and be made available for public
   21         inspection; restricting the use of waist, wrist, or
   22         leg and ankle restraints during the third trimester of
   23         pregnancy or when requested by a doctor, nurse, or
   24         other health care professional treating the prisoner;
   25         requiring that the use of restraints on a pregnant
   26         prisoner be by the least restrictive manner necessary;
   27         authorizing any woman who is restrained in violation
   28         of the act to file a grievance within a specified
   29         period; providing that these remedies do not prevent a
   30         woman harmed from filing a complaint under any other
   31         relevant federal or state law; directing the
   32         Department of Corrections and the Department of
   33         Juvenile Justice to adopt rules; requiring that
   34         correctional institutions and detention facilities
   35         inform female prisoners of the rules upon admission,
   36         include the policies and practices in the prisoner
   37         handbook, and post the policies and practices in the
   38         correctional institution or detention facility;
   39         requiring that the Secretary of Corrections, the
   40         Secretary of Juvenile Justice, and county and
   41         municipal corrections officials annually file written
   42         reports with the Executive Office of the Governor
   43         detailing each incident of restraint in violation of
   44         law or as an authorized exception; requiring that the
   45         reports be made available for public inspection;
   46         providing an effective date.
   48         WHEREAS, restraining a pregnant prisoner can pose undue
   49  health risks and increase the potential for physical harm to the
   50  woman and her pregnancy, and
   51         WHEREAS, the vast majority of female prisoners in this
   52  state are nonviolent offenders, and
   53         WHEREAS, freedom from physical restraints is especially
   54  critical during labor, delivery, and postpartum recovery after
   55  delivery as women often need to move around during labor and
   56  recovery, including moving their legs as part of the birthing
   57  process, and
   58         WHEREAS, restraints on a pregnant woman can interfere with
   59  the medical staff’s ability to appropriately assist in
   60  childbirth or to conduct sudden emergency procedures, and
   61         WHEREAS, the Federal Bureau of Prisons, the United States
   62  Marshals Service, the American Correctional Association, the
   63  American College of Obstetricians and Gynecologists, and the
   64  American Public Health Association all oppose restraining women
   65  during labor, delivery, and postpartum recovery because it is
   66  unnecessary and dangerous to a woman’s health and well-being,
   69  Be It Enacted by the Legislature of the State of Florida:
   71         Section 1. Shackling of incarcerated pregnant prisoners.—
   72         (1) SHORT TITLE.—This section may be cited as the “Healthy
   73  Pregnancies for Incarcerated Women Act.”
   74         (2) DEFINITIONS.—As used in this section, the term:
   75         (a) “Correctional institution” means a facility under the
   76  authority of the department or the Department of Juvenile
   77  Justice, a county or municipal detention facility, or a
   78  detention facility operated by a private entity.
   79         (b) “Corrections official” means the official who is
   80  responsible for oversight of a correctional institution, or his
   81  or her designee.
   82         (c) “Department” means the Department of Corrections.
   83         (d) “Extraordinary circumstance” means a substantial flight
   84  risk or some other extraordinary medical or security
   85  circumstance that dictates that restraints be used to ensure the
   86  safety and security of the prisoner, the staff of the
   87  correctional institution or medical facility, other prisoners,
   88  or the public.
   89         (e) “Labor” means the period before a birth during which
   90  contractions are of sufficient frequency, intensity, and
   91  duration to bring about effacement and progressive dilation of
   92  the cervix.
   93         (f) “Postpartum recovery” means, the period immediately
   94  following delivery, including the recovery period when a woman
   95  is in the hospital or infirmary following birth.
   96         (g) “Prisoner” means any person incarcerated or detained in
   97  a correctional institution who is accused of, convicted of,
   98  sentenced for, or adjudicated delinquent for a violation of
   99  criminal law or the terms and conditions of parole, probation,
  100  community control, pretrial release, or a diversionary program.
  101  For purposes of this section, the term includes any woman
  102  detained under the immigration laws of the United States at any
  103  correctional institution.
  104         (h) “Restraints” means any physical restraint or mechanical
  105  device used to control the movement of a prisoner’s body or
  106  limbs, including, but not limited to, shackles, flex cuffs, soft
  107  restraints, hard metal handcuffs, a black box, Chubb cuffs, leg
  108  irons, belly chains, a security or tether chain, or a convex
  109  shield.
  110         (3) RESTRAINT OF PRISONERS.—
  111         (a) Restraints may not be used on a prisoner who is known
  112  to be pregnant during labor, delivery, and postpartum recovery,
  113  unless the corrections official determines that the prisoner
  114  presents an extraordinary circumstance, except that:
  115         1. If the doctor, nurse, or other health care professional
  116  treating the prisoner requests that restraints not be used, the
  117  corrections officer, correctional institution employee, or other
  118  officer accompanying the pregnant prisoner shall remove all
  119  restraints; and
  120         2. Leg, ankle, or waist restraints may not be used under
  121  any circumstance on a pregnant prisoner who is in labor or
  122  delivery.
  123         (b) If restraints are used on a pregnant prisoner pursuant
  124  to paragraph (a):
  125         1. The type of restraint applied and the application of the
  126  restraint must be done in the least restrictive manner necessary
  127  in order to mitigate the possibility of adverse medical
  128  consequences; and
  129         2. The corrections official shall make written findings
  130  within 10 days after the use of restraints as to the
  131  extraordinary circumstance that dictated the use of the
  132  restraints. These findings shall be kept on file by the
  133  correctional institution for at least 5 years and be made
  134  available for public inspection.
  135         (c)During the third trimester of pregnancy, or when
  136  requested by the doctor, nurse, or other health care
  137  professional treating the pregnant prisoner:
  138         1.Waist restraints that directly constrict the area of
  139  pregnancy may not be used;
  140         2.If wrist restraints are used, they must be applied in
  141  such a way that the pregnant prisoner is able to protect herself
  142  in the event of a forward fall; and
  143         3.Leg and ankle restraints that restrain the legs close
  144  together may not be used when the prisoner is required to walk
  145  or stand.
  146         4.Use of leg, ankle, or waist restraints is subject to
  147  subparagraph (a)2.
  148         (4) ENFORCEMENT.—
  149         (a) Notwithstanding any relief or claims afforded by
  150  federal or state law, any prisoner who is restrained in
  151  violation of this section may file a grievance with the
  152  department pursuant to s. 944.331, Florida Statutes, within 1
  153  year after the incident.
  154         (b) This section does not prevent a woman harmed under this
  155  section from filing a complaint under any other relevant federal
  156  or state law.
  157         (5) NOTICE TO PRISONERS.—
  158         (a) By September 1, 2012, the department and the Department
  159  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  160  and 120.54, Florida Statutes, to administer this section.
  161         (b) Each correctional institution shall inform female
  162  prisoners of the rules developed pursuant to paragraph (a) upon
  163  admission to the correctional institution, including the
  164  policies and practices in the prisoner handbook, and must post
  165  the policies and practices in locations in the correctional
  166  institution where such notices are commonly posted and seen by
  167  female prisoners, including common housing areas and medical
  168  care facilities.
  169         (6)ANNUAL REPORT.—By June 30 of each year, the Secretary
  170  of Corrections, the Secretary of Juvenile Justice, and the
  171  corrections official of each municipal and county detention
  172  facility where a pregnant prisoner has been restrained pursuant
  173  to paragraph (3)(a), or in violation of subsection (3), during
  174  the previous year shall submit a written report to the Executive
  175  Office of the Governor which includes an account of every such
  176  instance. The reports shall be made available for public
  177  inspection.
  178         Section 2. This act shall take effect July 1, 2012.