Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 852
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Pizzo) recommended the
    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 or in the infirmary.
   60         (3) RESTRAINT OF PRISONERS.—
   61         (a) Except as provided in paragraph (b), restraints may not
   62  be used on a prisoner who is known to be pregnant:
   63         1.If any doctor, nurse, or other health professional
   64  treating the prisoner in labor, in delivery, or in postpartum
   65  recovery requests that restraints not be used due to a
   66  documentable medical purpose. If the doctor, nurse, or other
   67  health professional makes such a request, the correctional
   68  officer or other law enforcement officer accompanying the
   69  prisoner must immediately remove all restraints.
   70         2. During transport, labor, delivery, or and postpartum
   71  recovery, unless the corrections official makes an
   72  individualized determination that the prisoner presents an
   73  extraordinary circumstance., except that:
   74         1.The physician may request that restraints not be used
   75  for documentable medical purposes. The correctional officer,
   76  correctional institution employee, or other officer accompanying
   77  the pregnant prisoner may consult with the medical staff;
   78  however, If the corrections official officer determines there is
   79  an extraordinary public safety risk, the official may officer is
   80  authorized to apply restraints as limited by paragraph (b)
   81  subparagraph 2.
   82         (b)A restraint may be used on a prisoner who is known to
   83  be pregnant or in postpartum recovery only if all of the
   84  following apply:
   85         1.The corrections official makes an individualized
   86  determination that the prisoner presents an extraordinary
   87  circumstance.
   88         2.The restraints used are the least restrictive necessary.
   89         3.If wrist restraints are used, the restraints are applied
   90  in the front of the prisoner so that she may protect herself in
   91  the event of a forward fall.
   92         4.2.Under no circumstances shall Leg, ankle, or waist
   93  restraints are not be used on any pregnant prisoner who is in
   94  labor or delivery.
   95         (b) If restraints are used on a pregnant prisoner pursuant
   96  to paragraph (a):
   97         1. The type of restraint applied and the application of the
   98  restraint must be done in the least restrictive manner
   99  necessary; and
  100         (c)2. The corrections official shall make written findings
  101  within 10 days after the use of restraints as to the
  102  extraordinary circumstance that dictated the use of the
  103  restraints. These findings shall be kept on file by the
  104  department or correctional institution for at least 5 years.
  105         (d)A pregnant prisoner who is transported by a
  106  correctional institution must be transported using a restraint
  107  that is the least restrictive necessary. A correctional
  108  institution that uses restraints on a pregnant prisoner during
  109  transport must comply with the written findings required in
  110  paragraph (c).
  111         (c) During the third trimester of pregnancy or when
  112  requested by the physician treating a pregnant prisoner, unless
  113  there are significant documentable security reasons noted by the
  114  department or correctional institution to the contrary that
  115  would threaten the safety of the prisoner, the unborn child, or
  116  the public in general:
  117         1. Leg, ankle, and waist restraints may not be used; and
  118         2. If wrist restraints are used, they must be applied in
  119  the front so the pregnant prisoner is able to protect herself in
  120  the event of a forward fall.
  121         (d) In addition to the specific requirements of paragraphs
  122  (a)-(c), any restraint of a prisoner who is known to be pregnant
  123  must be done in the least restrictive manner necessary in order
  124  to mitigate the possibility of adverse clinical consequences.
  126         (a)Except as provided under paragraph (b), an invasive
  127  body cavity search of a pregnant prisoner may be conducted only
  128  by a medical professional.
  129         (b)A correctional officer may conduct an invasive body
  130  cavity search of a pregnant prisoner only if the officer has a
  131  reasonable belief that the prisoner is concealing contraband. An
  132  officer who conducts an invasive body cavity search must submit
  133  a written report to the corrections official within 72 hours
  134  after the search. The report must:
  135         1.Explain the reasons for the search; and
  136         2.Identify any contraband recovered in the search.
  137         (5)RESTRICTIVE HOUSING.—
  138         (a) Except as provided in paragraph (b), a pregnant
  139  prisoner may not be involuntarily placed in restrictive housing.
  140  This subsection does not prohibit a corrections official from
  141  placing a pregnant prisoner in restrictive housing for
  142  disciplinary violations or to address security risks to the
  143  pregnant prisoner, other prisoners, or staff directly related to
  144  the pregnant prisoner provided the corrections official complies
  145  with the reporting requirements of sub-subparagraph (b)1.
  146         (b) A pregnant prisoner may be involuntarily placed in
  147  restrictive housing only if the corrections official of the
  148  correctional institution, in consultation with the medical staff
  149  overseeing prenatal care and medical treatment at the
  150  correctional institution, determines that an extraordinary
  151  circumstance exists such that restrictive housing is necessary
  152  and that there are no less restrictive means available.
  153         1. The corrections official shall, before placing a
  154  prisoner in restrictive housing, write a report that states:
  155         a. The extraordinary circumstance that is present; and
  156         b. The reason less restrictive means are not available.
  157         2. The corrections official shall review the report at
  158  least every 24 hours to confirm that the extraordinary
  159  circumstance cited in the report still exist. A copy of the
  160  report and each review must be provided to the pregnant
  161  prisoner.
  162         (c) A pregnant prisoner who is placed in restrictive
  163  housing under this section shall be:
  164         1. Examined at least every 8 hours by the medical staff
  165  overseeing prenatal care and medical treatment in the facility;
  166         2. Housed in the least restrictive setting consistent with
  167  the health and safety of the pregnant prisoner; and
  168         3. Given an intensive treatment plan developed and approved
  169  by the medical staff overseeing prenatal care and medical
  170  treatment at the facility.
  171         (d) If a pregnant prisoner needs infirmary care, an
  172  authorized medical staff must provide an order for the pregnant
  173  prisoner to be admitted to the infirmary. If the pregnant
  174  prisoner has passed her due date, she must be admitted to the
  175  infirmary until labor begins or until other housing arrangements
  176  are made. A pregnant prisoner who has been placed in the
  177  infirmary shall be provided:
  178         1. The same access to outdoor recreation, visitation, mail,
  179  and telephone calls as other prisoners; and
  180         2. The ability to continue to participate in other
  181  privileges and classes granted to the general population.
  182         (6)(4) ENFORCEMENT.—
  183         (a) Notwithstanding any relief or claims afforded by
  184  federal or state law, any prisoner who is restrained in
  185  violation of this section may file a grievance with the
  186  correctional institution, and be granted a 45-day extension if
  187  requested in writing pursuant to rules promulgated by the
  188  correctional institution.
  189         (b) This section does not prevent a woman harmed through
  190  the use of restraints under this section from filing a complaint
  191  under any other relevant provision of federal or state law.
  192         (7)(5) NOTICE TO PRISONERS.—
  193         (a) By September 1, 2012, The department and the Department
  194  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  195  and 120.54 to administer this section.
  196         (b) Each correctional institution shall inform female
  197  prisoners of the rules developed pursuant to paragraph (a) upon
  198  admission to the correctional institution, including the
  199  policies and practices in the prisoner handbook, and post the
  200  policies and practices in locations in the correctional
  201  institution where such notices are commonly posted and will be
  202  seen by female prisoners, including common housing areas and
  203  medical care facilities.
  204         Section 2. This act shall take effect July 1, 2020.
  205  ================= T I T L E  A M E N D M E N T ================
  206  And the title is amended as follows:
  207         Delete everything before the enacting clause
  208  and insert:
  209                        A bill to be entitled                      
  210         An act relating to incarcerated pregnant women;
  211         amending s. 944.241, F.S.; amending the short title;
  212         redefining the term “extraordinary circumstance”;
  213         defining the terms “invasive body cavity search” and
  214         “restrictive housing”; revising the circumstances
  215         under which a prisoner who is known to be pregnant may
  216         not be restrained; specifying conditions under which
  217         restraints may be used; requiring that invasive body
  218         cavity searches on a pregnant prisoner be conducted by
  219         a medical professional; providing an exception;
  220         prohibiting the involuntary placement of pregnant
  221         prisoners in restrictive housing; providing
  222         exceptions; requiring corrections officials to write a
  223         specified report if an extraordinary circumstance
  224         necessitates placing a pregnant prisoner in
  225         restrictive housing; providing requirements for the
  226         report; requiring corrections officials to review such
  227         reports at specified intervals; requiring a copy of
  228         such reports and reviews to be provided to pregnant
  229         prisoners in restrictive housing; providing
  230         requirements for the treatment of pregnant prisoners
  231         placed in restrictive housing; requiring pregnant
  232         prisoners to be admitted to the infirmary under
  233         certain circumstances; providing certain rights for
  234         pregnant prisoners admitted to the infirmary;
  235         providing an effective date.