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.
   34  Be It Enacted by the Legislature of the State of Florida:
   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         925.13Sentence 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.