Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1259, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/3R         .                                
             03/12/2020 11:03 AM       .                                

       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. The term includes placing the prisoner
   57  in medical isolation, in a medical housing unit, or in the
   58  infirmary.
   59         (3) RESTRAINT OF PRISONERS.—
   60         (a) Except as provided in paragraph (b), restraints may not
   61  be used on a prisoner who is known to be pregnant:
   62         1.If any doctor, nurse, or other health professional
   63  treating the prisoner in labor, in delivery, or in postpartum
   64  recovery requests that restraints not be used due to a
   65  documentable medical purpose. If the doctor, nurse, or other
   66  health professional makes such a request, the correctional
   67  officer or other law enforcement officer accompanying the
   68  prisoner must immediately remove all restraints.
   69         2. During transport, labor, delivery, or and postpartum
   70  recovery, unless the corrections official makes an
   71  individualized determination that the prisoner presents an
   72  extraordinary circumstance., except that:
   73         1.The physician may request that restraints not be used
   74  for documentable medical purposes. The correctional officer,
   75  correctional institution employee, or other officer accompanying
   76  the pregnant prisoner may consult with the medical staff;
   77  however, If the corrections official officer determines there is
   78  an extraordinary public safety risk, the official may officer is
   79  authorized to apply restraints as limited by paragraph (b)
   80  subparagraph 2.
   81         (b)A restraint may be used on a prisoner who is known to
   82  be pregnant or in postpartum recovery only if all of the
   83  following apply:
   84         1.The corrections official makes an individualized
   85  determination that the prisoner presents an extraordinary
   86  circumstance.
   87         2.The restraints used are the least restrictive necessary.
   88         3.If wrist restraints are used, the restraints are applied
   89  in the front of the prisoner so that she may protect herself in
   90  the event of a forward fall.
   91         4.2.Under no circumstances shall Leg, ankle, or waist
   92  restraints are not be used on any pregnant prisoner who is in
   93  labor or delivery.
   94         (b) If restraints are used on a pregnant prisoner pursuant
   95  to paragraph (a):
   96         1. The type of restraint applied and the application of the
   97  restraint must be done in the least restrictive manner
   98  necessary; and
   99         (c)2. The corrections official shall make written findings
  100  within 10 days after the use of restraints as to the
  101  extraordinary circumstance that dictated the use of the
  102  restraints. These findings shall be kept on file by the
  103  department or correctional institution for at least 5 years.
  104         (d)A pregnant prisoner who is transported by a
  105  correctional institution must be transported using a restraint
  106  that is the least restrictive necessary. A correctional
  107  institution that uses restraints on a pregnant prisoner during
  108  transport must comply with the written findings required in
  109  paragraph (c).
  110         (c) During the third trimester of pregnancy or when
  111  requested by the physician treating a pregnant prisoner, unless
  112  there are significant documentable security reasons noted by the
  113  department or correctional institution to the contrary that
  114  would threaten the safety of the prisoner, the unborn child, or
  115  the public in general:
  116         1. Leg, ankle, and waist restraints may not be used; and
  117         2. If wrist restraints are used, they must be applied in
  118  the front so the pregnant prisoner is able to protect herself in
  119  the event of a forward fall.
  120         (d) In addition to the specific requirements of paragraphs
  121  (a)-(c), any restraint of a prisoner who is known to be pregnant
  122  must be done in the least restrictive manner necessary in order
  123  to mitigate the possibility of adverse clinical consequences.
  125         (a)Except as provided under paragraph (b), an invasive
  126  body cavity search of a pregnant prisoner may be conducted only
  127  by a medical professional.
  128         (b)A correctional officer may conduct an invasive body
  129  cavity search of a pregnant prisoner only if the officer has a
  130  reasonable belief that the prisoner is concealing contraband. An
  131  officer who conducts an invasive body cavity search must submit
  132  a written report to the corrections official within 72 hours
  133  after the search. The report must:
  134         1.Explain the reasons for the search; and
  135         2.Identify any contraband recovered in the search.
  136         (5)RESTRICTIVE HOUSING.—
  137         (a) Except as provided in paragraph (b), a pregnant
  138  prisoner may not be involuntarily placed in restrictive housing.
  139  This subsection does not prohibit a corrections official from
  140  placing a pregnant prisoner in restrictive housing for
  141  disciplinary violations or to address security risks to the
  142  pregnant prisoner, other prisoners, or staff directly related to
  143  the pregnant prisoner provided the corrections official complies
  144  with the reporting requirements of subparagraph (b)1.
  145         (b) A pregnant prisoner may be involuntarily placed in
  146  restrictive housing only if the corrections official of the
  147  correctional institution, in consultation with the medical staff
  148  overseeing prenatal care and medical treatment at the
  149  correctional institution, determines that an extraordinary
  150  circumstance exists such that restrictive housing is necessary
  151  and that there are no less restrictive means available.
  152         1. The corrections official shall, before placing a
  153  prisoner in restrictive housing, write a report that states:
  154         a. The extraordinary circumstance that is present; and
  155         b. The reason less restrictive means are not available.
  156         2. The corrections official shall review the report at
  157  least every 24 hours to confirm that the extraordinary
  158  circumstance cited in the report still exists. A copy of the
  159  report and each review must be provided to the pregnant
  160  prisoner.
  161         (c) A pregnant prisoner who is placed in restrictive
  162  housing under this section shall be:
  163         1. Seen at least every 12 hours by the medical staff
  164  overseeing prenatal care and medical treatment in the facility;
  165         2. Housed in the least restrictive setting consistent with
  166  the health and safety of the pregnant prisoner; and
  167         3. Given an intensive treatment plan developed and approved
  168  by the medical staff overseeing prenatal care and medical
  169  treatment at the facility.
  170         (d) If a pregnant prisoner needs medical care, an
  171  authorized medical staff must provide an order for the pregnant
  172  prisoner to be placed in a designated medical housing unit or
  173  admitted to the infirmary. If the pregnant prisoner has passed
  174  her due date, she must be placed in a designated medical housing
  175  unit or admitted to the infirmary until labor begins or until
  176  other housing arrangements are made. A pregnant prisoner who has
  177  been placed in a designated medical housing unit or admitted to
  178  the infirmary shall be provided:
  179         1. The same access to outdoor recreation, visitation, mail,
  180  and telephone calls as other prisoners; and
  181         2. The ability to continue to participate in other
  182  privileges and classes granted to the general population.
  183         (6)(4) ENFORCEMENT.—
  184         (a) Notwithstanding any relief or claims afforded by
  185  federal or state law, any prisoner who is restrained in
  186  violation of this section may file a grievance with the
  187  correctional institution, and be granted a 45-day extension if
  188  requested in writing pursuant to rules promulgated by the
  189  correctional institution.
  190         (b) This section does not prevent a woman harmed through
  191  the use of restraints under this section from filing a complaint
  192  under any other relevant provision of federal or state law.
  193         (7)(5) NOTICE TO PRISONERS.—
  194         (a) By September 1, 2012, The department and the Department
  195  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  196  and 120.54 to administer this section.
  197         (b) Each correctional institution shall inform female
  198  prisoners of the rules developed pursuant to paragraph (a) upon
  199  admission to the correctional institution, including the
  200  policies and practices in the prisoner handbook, and post the
  201  policies and practices in locations in the correctional
  202  institution where such notices are commonly posted and will be
  203  seen by female prisoners, including common housing areas and
  204  medical care facilities.
  205         Section 2. This act shall take effect July 1, 2020.
  206  ================= T I T L E  A M E N D M E N T ================
  207  And the title is amended as follows:
  208         Delete everything before the enacting clause
  209  and insert:
  210                        A bill to be entitled                      
  211         An act relating to incarcerated pregnant women;
  212         amending s. 944.241, F.S.; amending the short title;
  213         redefining the term “extraordinary circumstance”;
  214         defining the terms “invasive body cavity search” and
  215         “restrictive housing”; revising the circumstances
  216         under which a prisoner who is known to be pregnant may
  217         not be restrained; specifying conditions under which
  218         restraints may be used; requiring that invasive body
  219         cavity searches on a pregnant prisoner be conducted by
  220         a medical professional; providing an exception;
  221         prohibiting the involuntary placement of pregnant
  222         prisoners in restrictive housing; providing
  223         exceptions; requiring corrections officials to write a
  224         specified report if an extraordinary circumstance
  225         necessitates placing a pregnant prisoner in
  226         restrictive housing; providing requirements for the
  227         report; requiring corrections officials to review such
  228         reports at specified intervals; requiring a copy of
  229         such reports and reviews to be provided to pregnant
  230         prisoners in restrictive housing; providing
  231         requirements for the treatment of pregnant prisoners
  232         placed in restrictive housing; requiring pregnant
  233         prisoners to be placed in a designated medical housing
  234         unit or admitted to the infirmary under certain
  235         circumstances; providing certain rights for pregnant
  236         prisoners placed in a designated medical housing unit
  237         or admitted to the infirmary; providing an effective
  238         date.