Florida Senate - 2022 SB 630
By Senator Jones
35-00023A-22 2022630__
1 A bill to be entitled
2 An act relating to pregnant women in custody;
3 providing a short title; creating s. 907.033, F.S.;
4 requiring that every female who is arrested and not
5 released on bond within 72 hours after arrest be
6 administered a pregnancy test within a specified
7 timeframe, upon her request; requiring that each
8 municipal or county detention facility notify each
9 arrested female upon booking at the facility of her
10 right to request a pregnancy test; providing for the
11 types of pregnancy tests that may be given; defining
12 the term “female”; creating s. 925.13, F.S.; defining
13 the term “pregnant woman”; requiring that, if a
14 pregnant woman is convicted of a crime and sentenced
15 to incarceration of any length, the sentencing judge
16 provide the pregnant woman the opportunity to defer
17 the imposed sentence until a specified time after
18 delivery; authorizing a sentencing judge to order a
19 pregnant woman to comply with certain terms and
20 conditions during the deferral; requiring that, within
21 10 days after the deferral period ends and the woman
22 is incarcerated, she be offered and receive, upon her
23 request, specified services; authorizing sanctions for
24 a new criminal conviction or violation of the terms
25 and conditions ordered by the judge; requiring
26 municipal and county detention facilities to collect
27 and report to the Department of Corrections, and the
28 department to collect from its own institutions,
29 specified information; requiring the department to
30 quarterly compile and publish the information on its
31 public website; providing requirements for publishing
32 such information; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. This act may be cited as “Ava’s Law.”
37 Section 2. Section 907.033, Florida Statutes, is created to
38 read:
39 907.033 Pregnancy testing of female arrestees.—Every female
40 who is arrested and not released on bond within 72 hours after
41 arrest must, upon her request, be administered a pregnancy test
42 by the municipal or county detention facility as defined in s.
43 951.23 where she is being held within 24 hours after the
44 request. Upon her booking into the facility, the facility must
45 notify each such arrestee of her right to request a pregnancy
46 test 72 hours after arrest if she is still in custody. The
47 pregnancy test may be conducted through urine or blood tests, by
48 ultrasound scan, or by any other standard pregnancy testing
49 protocols adopted by the facility. As used in this section, the
50 term “female” includes a juvenile or adult woman.
51 Section 3. Section 925.13, Florida Statutes, is created to
52 read:
53 925.13 Sentence deferral for pregnant women.—
54 (1) As used in this section, the term “pregnant woman”
55 means a juvenile or adult woman whose pregnancy has been
56 verified by a pregnancy test or through a medical examination
57 conducted by a health care practitioner.
58 (2) Notwithstanding any other law, the sentence of a
59 pregnant woman who is convicted of a crime and sentenced to
60 incarceration of any length must comply with all of the
61 following requirements:
62 (a) The sentencing judge must provide a pregnant woman the
63 opportunity to defer the imposed sentence until 12 weeks after
64 delivery of the baby so that during the deferral period the
65 pregnant woman may receive necessary health care for herself and
66 the unborn child. If the pregnancy ends at any time before the
67 delivery of the baby, the deferral period will end 12 weeks from
68 the date the pregnancy ends. If the pregnant woman chooses not
69 to defer her sentence, she must be incarcerated as directed by
70 the judge.
71 (b) The sentencing judge may order a pregnant woman whose
72 sentence is deferred to comply with any of the terms and
73 conditions specified in s. 948.03 until such time as she is
74 incarcerated.
75 (c) Within 10 days after the deferral period ends and the
76 woman is incarcerated to serve the sentence, she must be offered
77 an appropriate assessment by a licensed health care practitioner
78 or a telehealth provider as defined in s. 456.47, and, upon the
79 request of the incarcerated woman, the licensed health care
80 practitioner or telehealth provider shall provide a postpartum
81 assessment, including the need for any necessary medical tests,
82 procedures, lactation support, mental health support, or
83 treatments associated with her postpartum condition. The
84 Department of Corrections and municipal and county detention
85 facilities shall develop and offer such assessments and
86 treatments in consultation with community support organizations,
87 licensed health care practitioners, social services programs,
88 and local and state government agencies, including nonprofit
89 organizations.
90 (3) If, during the deferral period, the pregnant woman is
91 convicted of a new crime or violates any of the conditions
92 imposed by the sentencing judge, the judge may impose any
93 sanction that may be imposed under s. 948.06, including an order
94 requiring the incarceration of the pregnant woman to serve the
95 sentence for which the deferral was granted.
96 (4)(a) The Department of Corrections shall collect from its
97 own institutions, and each municipal and county detention
98 facility, as those terms are defined in s. 951.23, shall collect
99 and report to the department, all of the following information,
100 which the department shall compile and publish quarterly on its
101 public website:
102 1. The total number of pregnant women who receive a
103 sentence deferral under paragraph (2)(a);
104 2. The total number of women who receive or who decline an
105 assessment under paragraph (2)(c);
106 3. The total number of births, including the number of live
107 births and stillbirths, to women whose sentences are deferred,
108 and the gestational age and birth weight of each infant at the
109 time of birth or stillbirth;
110 4. The total number of women who experience complications
111 during pregnancy and the type of complications experienced;
112 5. The total number of women who experience miscarriages;
113 and
114 6. The total number of women who refuse to provide
115 information regarding the outcome of their pregnancies as
116 indicated in subparagraphs 3., 4., and 5.
117 (b) The information published pursuant to paragraph (a)
118 must exclude personally identifying information and must comply
119 with state and federal confidentiality laws.
120 Section 4. This act shall take effect July 1, 2022.