Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 630
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Jones) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 58 - 116
    4  and insert:
    5         (2) Notwithstanding any other law, after a pregnant woman
    6  is convicted of any offense and when the sentencing court
    7  pronounces a sentence of incarceration, the court has the
    8  discretion to stay the beginning of the period of incarceration
    9  for up to 12 weeks after the pregnant woman gives birth or is no
   10  longer pregnant. In determining whether to grant a pregnant
   11  woman’s request to stay the beginning of the period of
   12  incarceration, the court must consider all of the following:
   13         (a) The severity of the offense for which the defendant is
   14  convicted.
   15         (b) Whether the defendant was previously convicted of a
   16  felony.
   17         (c) Whether other felony charges are pending against the
   18  defendant.
   19         (d)The state’s interest in deterring and punishing
   20  criminal activity and protecting the public.
   21         (e) The rights of the victim of the defendant’s crime,
   22  consistent with s. 16, Art. I of the State Constitution and s.
   23  960.0021.
   24         (f)Whether staying the incarceration is consistent with
   25  protecting the life, health, and safety of the unborn child and
   26  its life during the first 12 weeks after birth. In considering
   27  this factor, the court shall consider the existence of any prior
   28  substance abuse by the defendant, whether any other children of
   29  the defendant have been adjudicated dependent, and any other
   30  information relevant to the health and safety of the unborn
   31  child.
   33  If the court grants the request to stay the incarceration, it
   34  must explain its reasons in writing.
   35         (3) The sentencing court may order a pregnant woman whose
   36  incarceration is stayed to comply with any of the terms and
   37  conditions specified in s. 948.03 until such time as she is
   38  incarcerated.
   39         (4) Within 10 days after the end of the stay of
   40  incarceration and the commencement of the womans incarceration
   41  to serve the sentence, she must be offered an appropriate
   42  assessment by a licensed health care practitioner or a
   43  telehealth provider as defined in s. 456.47, and upon her
   44  request, the licensed health care practitioner or telehealth
   45  provider shall provide a postpartum assessment, including the
   46  need for any necessary medical tests, procedures, lactation
   47  support, mental health support, or treatments associated with
   48  her postpartum condition. The Department of Corrections and
   49  municipal and county detention facilities shall develop and
   50  offer such assessments and treatments in consultation with
   51  community support organizations, licensed health care
   52  practitioners, social services programs, and local and state
   53  government agencies, including nonprofit organizations.
   54         (5) If, during the stay of incarceration, the pregnant
   55  woman is convicted of another crime or violates any of the
   56  conditions imposed by the sentencing judge, the judge may impose
   57  any sanction under s. 948.06, including an order requiring the
   58  incarceration of the pregnant woman to serve the sentence for
   59  which the stay was granted.
   60         (6)(a) The Department of Corrections shall collect from its
   61  own institutions, and each municipal detention facility and
   62  county detention facility as those terms are defined in s.
   63  951.23 shall collect and report to the department, all of the
   64  following information, which the department shall compile and
   65  publish quarterly on its public website:
   66         1. The total number of pregnant women whose sentences are
   67  stayed under subsection (2);
   68         2.The total number of births, including the number of live
   69  births and stillbirths, to women whose sentences are deferred,
   70  and the gestational age and birth weight of each infant at the
   71  time of birth or stillbirth;
   72         3.The total number of women who experience complications
   73  during pregnancy and the type of complications experienced;
   74         4.The total number of women who experience miscarriages;
   75  and
   76         5. The total number of women who refuse to provide
   77  information regarding the outcome of their pregnancies as
   78  indicated in subparagraphs 2., 3., and 4.
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82         Delete lines 13 - 24
   83  and insert:
   84         the term “pregnant woman”; authorizing a sentencing
   85         court to stay the beginning of the period of
   86         incarceration for up to a certain timeframe for a
   87         pregnant woman convicted of any offense; requiring the
   88         court to consider specified factors in determining
   89         whether to grant a pregnant woman’s request to stay
   90         the beginning of the period of incarceration;
   91         requiring the court to explain its reasons for
   92         granting a stay of incarceration in writing;
   93         authorizing a sentencing court to order a pregnant
   94         woman to comply with specified terms and conditions
   95         during the stay of the incarceration; requiring that,
   96         within 10 days after the end of the stay and the
   97         commencement of the woman’s incarceration, she be
   98         offered and receive, upon her request, a specified
   99         assessment and services; authorizing a judge to impose
  100         specified sanctions for another criminal conviction or
  101         a violation of the terms