SB 524                                           First Engrossed
    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; authorizing an officer to apply
   10         restraints after consulting with medical staff;
   11         requiring that any restraint applied must be done in
   12         the least restrictive manner necessary; requiring the
   13         corrections official to make written findings as to
   14         the extraordinary circumstance requiring restraints;
   15         restricting the use of certain restraints during the
   16         third trimester of pregnancy unless there are
   17         significant security concerns documented by the
   18         department or correctional institution; requiring that
   19         the findings be kept on file by the department or
   20         correctional institution for at least 5 years;
   21         authorizing any woman who is restrained in violation
   22         of the act to file a grievance within a specified
   23         period; providing that these remedies do not prevent a
   24         woman harmed through the use of restraints from filing
   25         a complaint under federal or state law; directing the
   26         Department of Corrections and the Department of
   27         Juvenile Justice to adopt rules; requiring
   28         correctional institutions to inform female prisoners
   29         of the rules upon admission, include the policies and
   30         practices in the prisoner handbook, and post the
   31         policies and practices in the correctional
   32         institution; providing an effective date.
   34         WHEREAS, restraining a pregnant prisoner can pose undue
   35  health risks and increase the potential for physical harm to the
   36  woman and her pregnancy, and
   37         WHEREAS, the vast majority of female prisoners in this
   38  state are nonviolent offenders, and
   39         WHEREAS, the impact of such harm to a pregnant woman can
   40  negatively affect her pregnancy, and
   41         WHEREAS, freedom from physical restraints is especially
   42  critical during labor, delivery, and postpartum recovery after
   43  delivery as women often need to move around during labor and
   44  recovery, including moving their legs as part of the birthing
   45  process, and
   46         WHEREAS, restraints on a pregnant woman can interfere with
   47  the medical staff’s ability to appropriately assist in
   48  childbirth or to conduct sudden emergency procedures, and
   49         WHEREAS, the Federal Bureau of Prisons, the United States
   50  Marshals Service, the American Correctional Association, the
   51  American College of Obstetricians and Gynecologists, and the
   52  American Public Health Association all oppose restraining women
   53  during labor, delivery, and postpartum recovery because it is
   54  unnecessary and dangerous to a woman’s health and well-being,
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Shackling of incarcerated pregnant women.—
   60         (1) SHORT TITLE.—This section may be cited as the “Healthy
   61  Pregnancies for Incarcerated Women Act.”
   62         (2) DEFINITIONS.—As used in this section, the term:
   63         (a) “Correctional institution” means any facility under the
   64  authority of the department or the Department of Juvenile
   65  Justice, a county or municipal detention facility, or a
   66  detention facility operated by a private entity.
   67         (b) “Corrections official” means the official who is
   68  responsible for oversight of a correctional institution, or his
   69  or her designee.
   70         (c) “Department” means the Department of Corrections.
   71         (d) “Extraordinary circumstance” means a substantial flight
   72  risk or some other extraordinary medical or security
   73  circumstance that dictates restraints be used to ensure the
   74  safety and security of the prisoner, the staff of the
   75  correctional institution or medical facility, other prisoners,
   76  or the public.
   77         (e) “Labor” means the period of time before a birth during
   78  which contractions are of sufficient frequency, intensity, and
   79  duration to bring about effacement and progressive dilation of
   80  the cervix.
   81         (f) “Postpartum recovery” means, as determined by her
   82  physician, the period immediately following delivery, including
   83  the recovery period when a woman is in the hospital or infirmary
   84  following birth, up to 24 hours after delivery unless the
   85  physician after consultation with the department or correctional
   86  institution recommends a longer period of time.
   87         (g) “Prisoner” means any person incarcerated or detained in
   88  any correctional institution who is accused of, convicted of,
   89  sentenced for, or adjudicated delinquent for a violation of
   90  criminal law or the terms and conditions of parole, probation,
   91  community control, pretrial release, or a diversionary program.
   92  For purposes of this section, the term includes any woman
   93  detained under the immigration laws of the United States at any
   94  correctional institution.
   95         (h) “Restraints” means any physical restraint or mechanical
   96  device used to control the movement of a prisoner’s body or
   97  limbs, including, but not limited to, flex cuffs, soft
   98  restraints, hard metal handcuffs, a black box, chubb cuffs, leg
   99  irons, belly chains, a security or tether chain, or a convex
  100  shield.
  101         (3) RESTRAINT OF PRISONERS.—
  102         (a) Restraints may not be used on a prisoner who is known
  103  to be pregnant during labor, delivery, and postpartum recovery,
  104  unless the corrections official makes an individualized
  105  determination that the prisoner presents an extraordinary
  106  circumstance, except that:
  107         1. The physician may request that restraints not be used
  108  for documentable medical purposes. The correctional officer,
  109  correctional institution employee, or other officer accompanying
  110  the pregnant prisoner may consult with the medical staff;
  111  however, if the officer determines there is an extraordinary
  112  public safety risk, the officer is authorized to apply
  113  restraints as limited by subparagraph 2.
  114         2. Under no circumstances shall leg, ankle, or waist
  115  restraints be used on any pregnant prisoner who is in labor or
  116  delivery.
  117         (b) If restraints are used on a pregnant prisoner pursuant
  118  to paragraph (a):
  119         1. The type of restraint applied and the application of the
  120  restraint must be done in the least restrictive manner
  121  necessary; and
  122         2. The corrections official shall make written findings
  123  within 10 days after the use of restraints as to the
  124  extraordinary circumstance that dictated the use of the
  125  restraints. These findings shall be kept on file by the
  126  department or correctional institution for at least 5 years.
  127         (c) During the third trimester of pregnancy or when
  128  requested by the physician treating a pregnant prisoner, unless
  129  there are significant documentable security reasons noted by the
  130  department or correctional institution to the contrary that
  131  would threaten the safety of the prisoner, the unborn child, or
  132  the public in general:
  133         1. Leg, ankle, and waist restraints may not be used; and
  134         2. If wrist restraints are used, they must be applied in
  135  the front so the pregnant prisoner is able to protect herself in
  136  the event of a forward fall.
  137         (d) In addition to the specific requirements of paragraphs
  138  (a)-(c), any restraint of a prisoner who is known to be pregnant
  139  must be done in the least restrictive manner necessary in order
  140  to mitigate the possibility of adverse clinical consequences.
  141         (4) ENFORCEMENT.—
  142         (a) Notwithstanding any relief or claims afforded by
  143  federal or state law, any prisoner who is restrained in
  144  violation of this section may file a grievance with the
  145  correctional institution, and be granted a 45-day extension if
  146  requested in writing pursuant to rules promulgated by the
  147  correctional institution.
  148         (b) This section does not prevent a woman harmed through
  149  the use of restraints under this section from filing a complaint
  150  under any other relevant provision of federal or state law.
  151         (5) NOTICE TO PRISONERS.—
  152         (a) By September 1, 2012, the department and the Department
  153  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  154  and 120.54, Florida Statutes, to administer this section.
  155         (b) Each correctional institution shall inform female
  156  prisoners of the rules developed pursuant to paragraph (a) upon
  157  admission to the correctional institution, including the
  158  policies and practices in the prisoner handbook, and post the
  159  policies and practices in locations in the correctional
  160  institution where such notices are commonly posted and will be
  161  seen by female prisoners, including common housing areas and
  162  medical care facilities.
  163         Section 2. This act shall take effect July 1, 2012.