Florida Senate - 2020                                     SB 852
       By Senator Pizzo
       38-00969-20                                            2020852__
    1                        A bill to be entitled                      
    2         An act relating to restrictive housing for
    3         incarcerated pregnant women; amending s. 944.241,
    4         F.S.; defining the term “restrictive housing”;
    5         prohibiting the involuntary placement of pregnant
    6         prisoners in restrictive housing; providing
    7         exceptions; requiring corrections officials to write a
    8         specified report if an extraordinary circumstance
    9         necessitates placing a pregnant prisoner in
   10         restrictive housing; providing requirements for the
   11         report; requiring corrections officials to review such
   12         reports at specified intervals; requiring a copy of
   13         such reports and reviews to be provided to pregnant
   14         prisoners in restrictive housing; providing
   15         requirements for the treatment of pregnant prisoners
   16         placed in restrictive housing; requiring pregnant
   17         prisoners to be admitted to the infirmary under
   18         certain circumstances; providing certain rights for
   19         pregnant prisoners admitted to the infirmary;
   20         providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 944.241, Florida Statutes, is amended to
   25  read:
   26         944.241 Shackling of Incarcerated pregnant women;
   27  restraints; involuntary medical isolation.—
   28         (1) SHORT TITLE.—This section may be cited as the “Healthy
   29  Pregnancies for Incarcerated Women Act.”
   30         (2) DEFINITIONS.—As used in this section, the term:
   31         (a) “Correctional institution” means any facility under the
   32  authority of the department or the Department of Juvenile
   33  Justice, a county or municipal detention facility, or a
   34  detention facility operated by a private entity.
   35         (b) “Corrections official” means the official who is
   36  responsible for oversight of a correctional institution, or his
   37  or her designee.
   38         (c) “Department” means the Department of Corrections.
   39         (d) “Extraordinary circumstance” means a substantial flight
   40  risk or some other extraordinary medical or security
   41  circumstance that dictates restraints be used to ensure the
   42  safety and security of the prisoner, the staff of the
   43  correctional institution or medical facility, other prisoners,
   44  or the public.
   45         (e) “Labor” means the period of time before a birth during
   46  which contractions are of sufficient frequency, intensity, and
   47  duration to bring about effacement and progressive dilation of
   48  the cervix.
   49         (f) “Postpartum recovery” means, as determined by her
   50  physician, the period immediately following delivery, including
   51  the recovery period when a woman is in the hospital or infirmary
   52  following birth, up to 24 hours after delivery unless the
   53  physician after consultation with the department or correctional
   54  institution recommends a longer period of time.
   55         (g) “Prisoner” means any person incarcerated or detained in
   56  any correctional institution who is accused of, convicted of,
   57  sentenced for, or adjudicated delinquent for a violation of
   58  criminal law or the terms and conditions of parole, probation,
   59  community control, pretrial release, or a diversionary program.
   60  For purposes of this section, the term includes any woman
   61  detained under the immigration laws of the United States at any
   62  correctional institution.
   63         (h) “Restraints” means any physical restraint or mechanical
   64  device used to control the movement of a prisoner’s body or
   65  limbs, including, but not limited to, flex cuffs, soft
   66  restraints, hard metal handcuffs, a black box, chubb cuffs, leg
   67  irons, belly chains, a security or tether chain, or a convex
   68  shield.
   69         (i)“Restrictive housing” means housing some prisoners
   70  separately from the general population of a correctional
   71  institution and imposing restrictions on their movement,
   72  behavior, and privileges. The term includes placing the prisoner
   73  in medical isolation or in the infirmary.
   74         (3) RESTRAINT OF PRISONERS.—
   75         (a) Restraints may not be used on a prisoner who is known
   76  to be pregnant during labor, delivery, and postpartum recovery,
   77  unless the corrections official makes an individualized
   78  determination that the prisoner presents an extraordinary
   79  circumstance, except that:
   80         1. The physician may request that restraints not be used
   81  for documentable medical purposes. The correctional officer,
   82  correctional institution employee, or other officer accompanying
   83  the pregnant prisoner may consult with the medical staff;
   84  however, if the officer determines there is an extraordinary
   85  public safety risk, the officer is authorized to apply
   86  restraints as limited by subparagraph 2.
   87         2. Under no circumstances shall Leg, ankle, or waist
   88  restraints may not be used on any pregnant prisoner who is in
   89  labor or delivery.
   90         (b) If restraints are used on a pregnant prisoner pursuant
   91  to paragraph (a):
   92         1. The type of restraint applied and the application of the
   93  restraint must be done in the least restrictive manner
   94  necessary; and
   95         2. The corrections official shall make written findings
   96  within 10 days after the use of restraints as to the
   97  extraordinary circumstance that dictated the use of the
   98  restraints. These findings shall be kept on file by the
   99  department or correctional institution for at least 5 years.
  100         (c) During the third trimester of pregnancy or when
  101  requested by the physician treating a pregnant prisoner, unless
  102  there are significant documentable security reasons noted by the
  103  department or correctional institution to the contrary that
  104  would threaten the safety of the prisoner, the unborn child, or
  105  the public in general:
  106         1. Leg, ankle, and waist restraints may not be used; and
  107         2. If wrist restraints are used, they must be applied in
  108  the front so the pregnant prisoner is able to protect herself in
  109  the event of a forward fall.
  110         (d) In addition to the specific requirements of paragraphs
  111  (a)-(c), any restraint of a prisoner who is known to be pregnant
  112  must be done in the least restrictive manner necessary in order
  113  to mitigate the possibility of adverse clinical consequences.
  114         (4) ENFORCEMENT.—
  115         (a) Notwithstanding any relief or claims afforded by
  116  federal or state law, any prisoner who is restrained in
  117  violation of this section may file a grievance with the
  118  correctional institution, and be granted a 45-day extension if
  119  requested in writing pursuant to rules promulgated by the
  120  correctional institution.
  121         (b) This section does not prevent a woman harmed through
  122  the use of restraints under this section from filing a complaint
  123  under any other relevant provision of federal or state law.
  124         (5)RESTRICTIVE HOUSING.—
  125         (a) Except as provided in paragraph (b), a pregnant
  126  prisoner may not be involuntarily placed in restrictive housing.
  127         (b) A pregnant prisoner may be involuntarily placed in
  128  restrictive housing only if the corrections official of the
  129  correctional institution, in consultation with the individual
  130  overseeing prenatal care and medical treatment at the
  131  correctional institution, determines that an extraordinary
  132  circumstance exists such that restrictive housing is necessary
  133  and that there are no less restrictive means available.
  134         1. The corrections official shall, before placing a
  135  prisoner in restrictive housing, write a report that states:
  136         a. The extraordinary circumstance that is present; and
  137         b. The reason less restrictive means are not available.
  138         2. The corrections official shall review the report at
  139  least every 24 hours to confirm that the extraordinary
  140  circumstances cited in the report still exist. A copy of the
  141  report and each review must be provided to the prisoner.
  142         (c) A pregnant prisoner who is placed in restrictive
  143  housing under this section shall be:
  144         1. Examined at least every 8 hours by the person overseeing
  145  prenatal care and medical treatment in the facility;
  146         2. Housed in the least restrictive setting consistent with
  147  the health and safety of the individual; and
  148         3. Given an intensive treatment plan developed and approved
  149  by the person overseeing prenatal care and medical treatment at
  150  the facility.
  151         (d) If a pregnant prisoner needs infirmary care, a primary
  152  care nurse practitioner or obstetrician must provide an order
  153  for the prisoner to be admitted to the infirmary. If the
  154  prisoner has passed her due date, she must be admitted to the
  155  infirmary until labor begins or until the obstetrician makes
  156  other housing arrangements. A pregnant prisoner who has been
  157  placed in the infirmary shall be provided:
  158         1. The same access to outdoor recreation, visitation, mail,
  159  and telephone calls as other prisoners; and
  160         2. The ability to continue to participate in other
  161  privileges and classes granted to the general population.
  162         (6)(5) NOTICE TO PRISONERS.—
  163         (a) By September 1, 2012, the department and the Department
  164  of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1)
  165  and 120.54 to administer this section.
  166         (b) Each correctional institution shall inform female
  167  prisoners of the rules developed pursuant to paragraph (a) upon
  168  admission to the correctional institution, including the
  169  policies and practices in the prisoner handbook, and post the
  170  policies and practices in locations in the correctional
  171  institution where such notices are commonly posted and will be
  172  seen by female prisoners, including common housing areas and
  173  medical care facilities.
  174         Section 2. This act shall take effect July 1, 2020.