Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1259, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             03/11/2020 06:28 PM       .                                

       Senator Pizzo moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 944.241, Florida Statutes, is amended to
    6  read:
    7         944.241 Shackling of Incarcerated pregnant women.—
    8         (1) SHORT TITLE.—This section may be cited as the “Tammy
    9  Jackson Healthy Pregnancies for Incarcerated Women Act.”
   10         (2) DEFINITIONS.—As used in this section, the term:
   11         (a) “Correctional institution” means any facility under the
   12  authority of the department or the Department of Juvenile
   13  Justice, a county or municipal detention facility, or a
   14  detention facility operated by a private entity.
   15         (b) “Corrections official” means the official who is
   16  responsible for oversight of a correctional institution, or his
   17  or her designee.
   18         (c) “Department” means the Department of Corrections.
   19         (d) “Extraordinary circumstance” means a substantial flight
   20  risk or some other extraordinary medical or security
   21  circumstance that dictates restraints or restrictive housing be
   22  used to ensure the safety and security of the prisoner, the
   23  staff of the correctional institution or medical facility, other
   24  prisoners, or the public.
   25         (e) Invasive body cavity search means a search that
   26  involves a manual inspection using touch, insertion, or probing
   27  of the openings, cavities, and orifices of the human body,
   28  including, but not limited to, the genitals, buttocks, anus, or
   29  breasts that is not conducted for a medical purpose.
   30         (f)(e) “Labor” means the period of time before a birth
   31  during which contractions are of sufficient frequency,
   32  intensity, and duration to bring about effacement and
   33  progressive dilation of the cervix.
   34         (g)(f) “Postpartum recovery” means, as determined by her
   35  physician, the period immediately following delivery, including
   36  the recovery period when a woman is in the hospital or infirmary
   37  following birth, up to 24 hours after delivery unless the
   38  physician after consultation with the department or correctional
   39  institution recommends a longer period of time.
   40         (h)(g) “Prisoner” means any person incarcerated or detained
   41  in any correctional institution who is accused of, convicted of,
   42  sentenced for, or adjudicated delinquent for a violation of
   43  criminal law or the terms and conditions of parole, probation,
   44  community control, pretrial release, or a diversionary program.
   45  For purposes of this section, the term includes any woman
   46  detained under the immigration laws of the United States at any
   47  correctional institution.
   48         (i)(h) “Restraints” means any physical restraint or
   49  mechanical device used to control the movement of a prisoner’s
   50  body or limbs, including, but not limited to, flex cuffs, soft
   51  restraints, hard metal handcuffs, a black box, chubb cuffs, leg
   52  irons, belly chains, a security or tether chain, or a convex
   53  shield.
   54         (j)“Restrictive housing” means the placement of pregnant
   55  prisoners separately from the general population of a
   56  correctional institution and imposing restrictions on their
   57  movement, behavior, and privileges solely based on the condition
   58  of being pregnant. The term includes placing the prisoner in
   59  medical isolation, in a medical housing unit, or in the
   60  infirmary.
   61         (3) RESTRAINT OF PRISONERS.—
   62         (a) Except as provided in paragraph (b), restraints may not
   63  be used on a prisoner who is known to be pregnant:
   64         1.If any doctor, nurse, or other health professional
   65  treating the prisoner in labor, in delivery, or in postpartum
   66  recovery requests that restraints not be used due to a
   67  documentable medical purpose. If the doctor, nurse, or other
   68  health professional makes such a request, the correctional
   69  officer or other law enforcement officer accompanying the
   70  prisoner must immediately remove all restraints.
   71         2. During transport, labor, delivery, or and postpartum
   72  recovery, unless the corrections official makes an
   73  individualized determination that the prisoner presents an
   74  extraordinary circumstance., except that:
   75         1.The physician may request that restraints not be used
   76  for documentable medical purposes. The correctional officer,
   77  correctional institution employee, or other officer accompanying
   78  the pregnant prisoner may consult with the medical staff;
   79  however, If the corrections official officer determines there is
   80  an extraordinary public safety risk, the official may officer is
   81  authorized to apply restraints as limited by paragraph (b)
   82  subparagraph 2.
   83         (b)A restraint may be used on a prisoner who is known to
   84  be pregnant or in postpartum recovery only if all of the
   85  following apply:
   86         1.The corrections official makes an individualized
   87  determination that the prisoner presents an extraordinary
   88  circumstance.
   89         2.The restraints used are the least restrictive necessary.
   90         3.If wrist restraints are used, the restraints are applied
   91  in the front of the prisoner so that she may protect herself in
   92  the event of a forward fall.
   93         4.2.Under no circumstances shall Leg, ankle, or waist
   94  restraints are not be used on any pregnant prisoner who is in
   95  labor or delivery.
   96         (b) If restraints are used on a pregnant prisoner pursuant
   97  to paragraph (a):
   98         1. The type of restraint applied and the application of the
   99  restraint must be done in the least restrictive manner
  100  necessary; and
  101         (c)2. The corrections official shall make written findings
  102  within 10 days after the use of restraints as to the
  103  extraordinary circumstance that dictated the use of the
  104  restraints. These findings shall be kept on file by the
  105  department or correctional institution for at least 5 years.
  106         (d)A pregnant prisoner who is transported by a
  107  correctional institution must be transported using a restraint
  108  that is the least restrictive necessary. A correctional
  109  institution that uses restraints on a pregnant prisoner during
  110  transport must comply with the written findings required in
  111  paragraph (c).
  112         (c) During the third trimester of pregnancy or when
  113  requested by the physician treating a pregnant prisoner, unless
  114  there are significant documentable security reasons noted by the
  115  department or correctional institution to the contrary that
  116  would threaten the safety of the prisoner, the unborn child, or
  117  the public in general:
  118         1. Leg, ankle, and waist restraints may not be used; and
  119         2. If wrist restraints are used, they must be applied in
  120  the front so the pregnant prisoner is able to protect herself in
  121  the event of a forward fall.
  122         (d) In addition to the specific requirements of paragraphs
  123  (a)-(c), any restraint of a prisoner who is known to be pregnant
  124  must be done in the least restrictive manner necessary in order
  125  to mitigate the possibility of adverse clinical consequences.
  127         (a)Except as provided under paragraph (b), an invasive
  128  body cavity search of a pregnant prisoner may be conducted only
  129  by a medical professional.
  130         (b)A correctional officer may conduct an invasive body
  131  cavity search of a pregnant prisoner only if the officer has a
  132  reasonable belief that the prisoner is concealing contraband. An
  133  officer who conducts an invasive body cavity search must submit
  134  a written report to the corrections official within 72 hours
  135  after the search. The report must:
  136         1.Explain the reasons for the search; and
  137         2.Identify any contraband recovered in the search.
  138         (5)RESTRICTIVE HOUSING.—
  139         (a) Except as provided in paragraph (b), a pregnant
  140  prisoner may not be involuntarily placed in restrictive housing.
  141  This subsection does not prohibit a corrections official from
  142  placing a pregnant prisoner in restrictive housing for
  143  disciplinary violations or to address security risks to the
  144  pregnant prisoner, other prisoners, or staff directly related to
  145  the pregnant prisoner provided the corrections official complies
  146  with the reporting requirements of subparagraph (b)1.
  147         (b) A pregnant prisoner may be involuntarily placed in
  148  restrictive housing only if the corrections official of the
  149  correctional institution, in consultation with the medical staff
  150  overseeing prenatal care and medical treatment at the
  151  correctional institution, determines that an extraordinary
  152  circumstance exists such that restrictive housing is necessary
  153  and that there are no less restrictive means available.
  154         1. The corrections official shall, before placing a
  155  prisoner in restrictive housing, write a report that states:
  156         a. The extraordinary circumstance that is present; and
  157         b. The reason less restrictive means are not available.
  158         2. The corrections official shall review the report at
  159  least every 24 hours to confirm that the extraordinary
  160  circumstance cited in the report still exists. A copy of the
  161  report and each review must be provided to the pregnant
  162  prisoner.
  163         (c) A pregnant prisoner who is placed in restrictive
  164  housing under this section shall be:
  165         1. Seen at least every 24 hours by the medical staff
  166  overseeing prenatal care and medical treatment in the facility;
  167         2. Housed in the least restrictive setting consistent with
  168  the health and safety of the pregnant prisoner; and
  169         3. Given an intensive treatment plan developed and approved
  170  by the medical staff overseeing prenatal care and medical
  171  treatment at the facility.
  172         (d) If a pregnant prisoner needs medical care, an
  173  authorized medical staff must provide an order for the pregnant
  174  prisoner to be placed in a designated medical housing unit or
  175  admitted to the infirmary. If the pregnant prisoner has passed
  176  her due date, she must be placed in a designated medical housing
  177  unit or admitted to the infirmary until labor begins or until
  178  other housing arrangements are made. A pregnant prisoner who has
  179  been placed in a designated medical housing unit or admitted to
  180  the infirmary shall be provided:
  181         1. The same access to outdoor recreation, visitation, mail,
  182  and telephone calls as other prisoners; and
  183         2. The ability to continue to participate in other
  184  privileges and classes granted to the general population.
  185         (6)(4) ENFORCEMENT.—
  186         (a) Notwithstanding any relief or claims afforded by
  187  federal or state law, any prisoner who is restrained in
  188  violation of this section may file a grievance with the
  189  correctional institution, and be granted a 45-day extension if
  190  requested in writing pursuant to rules promulgated by the
  191  correctional institution.
  192         (b) This section does not prevent a woman harmed through
  193  the use of restraints under this section from filing a complaint
  194  under any other relevant provision of federal or state law.
  195         (7)(5) NOTICE TO PRISONERS.—
  196         (a) By September 1, 2012, The department and the Department
  197  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  198  and 120.54 to administer this section.
  199         (b) Each correctional institution shall inform female
  200  prisoners of the rules developed pursuant to paragraph (a) upon
  201  admission to the correctional institution, including the
  202  policies and practices in the prisoner handbook, and post the
  203  policies and practices in locations in the correctional
  204  institution where such notices are commonly posted and will be
  205  seen by female prisoners, including common housing areas and
  206  medical care facilities.
  207         Section 2. This act shall take effect July 1, 2020.
  208  ================= T I T L E  A M E N D M E N T ================
  209  And the title is amended as follows:
  210         Delete everything before the enacting clause
  211  and insert:
  212                        A bill to be entitled                      
  213         An act relating to incarcerated pregnant women;
  214         amending s. 944.241, F.S.; amending the short title;
  215         redefining the term “extraordinary circumstance”;
  216         defining the terms “invasive body cavity search” and
  217         “restrictive housing”; revising the circumstances
  218         under which a prisoner who is known to be pregnant may
  219         not be restrained; specifying conditions under which
  220         restraints may be used; requiring that invasive body
  221         cavity searches on a pregnant prisoner be conducted by
  222         a medical professional; providing an exception;
  223         prohibiting the involuntary placement of pregnant
  224         prisoners in restrictive housing; providing
  225         exceptions; requiring corrections officials to write a
  226         specified report if an extraordinary circumstance
  227         necessitates placing a pregnant prisoner in
  228         restrictive housing; providing requirements for the
  229         report; requiring corrections officials to review such
  230         reports at specified intervals; requiring a copy of
  231         such reports and reviews to be provided to pregnant
  232         prisoners in restrictive housing; providing
  233         requirements for the treatment of pregnant prisoners
  234         placed in restrictive housing; requiring pregnant
  235         prisoners to be placed in a designated medical housing
  236         unit or admitted to the infirmary under certain
  237         circumstances; providing certain rights for pregnant
  238         prisoners placed in a designated medical housing unit
  239         or admitted to the infirmary; providing an effective
  240         date.