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.