Florida Senate - 2022                              CS for SB 630
       By the Committee on Judiciary; and Senators Jones and Powell
       590-02514A-22                                          2022630c1
    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”; authorizing a sentencing
   14         court to stay the beginning of the period of
   15         incarceration for up to a certain timeframe for a
   16         pregnant woman convicted of any offense; requiring the
   17         court to consider specified factors in determining
   18         whether to grant a pregnant woman’s request to stay
   19         the beginning of the period of incarceration;
   20         requiring the court to explain its reasons for
   21         granting a stay of incarceration in writing;
   22         authorizing a sentencing court to order a pregnant
   23         woman to comply with specified terms and conditions
   24         during the stay of the incarceration; requiring that,
   25         within 10 days after the end of the stay and the
   26         commencement of the woman’s incarceration, she be
   27         offered and receive, upon her request, a specified
   28         assessment and services; authorizing a judge to impose
   29         specified sanctions for another criminal conviction or
   30         a violation of the terms and conditions ordered by the
   31         judge; requiring municipal and county detention
   32         facilities to collect and report to the Department of
   33         Corrections, and the department to collect from its
   34         own institutions, specified information; requiring the
   35         department to quarterly compile and publish the
   36         information on its public website; providing
   37         requirements for publishing such information;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. This act may be cited as “Ava’s Law.”
   43         Section 2. Section 907.033, Florida Statutes, is created to
   44  read:
   45         907.033 Pregnancy testing of female arrestees.—Every female
   46  who is arrested and not released on bond within 72 hours after
   47  arrest must, upon her request, be administered a pregnancy test
   48  by the municipal or county detention facility as defined in s.
   49  951.23 where she is being held within 24 hours after the
   50  request. Upon her booking into the facility, the facility must
   51  notify each such arrestee of her right to request a pregnancy
   52  test 72 hours after arrest if she is still in custody. The
   53  pregnancy test may be conducted through urine or blood tests, by
   54  ultrasound scan, or by any other standard pregnancy testing
   55  protocols adopted by the facility. As used in this section, the
   56  term “female” includes a juvenile or adult woman.
   57         Section 3. Section 925.13, Florida Statutes, is created to
   58  read:
   59         925.13Staying of sentence for pregnant women.—
   60         (1)As used in this section, the term “pregnant woman”
   61  means a juvenile or adult woman whose pregnancy has been
   62  verified by a pregnancy test or through a medical examination
   63  conducted by a health care practitioner.
   64         (2) Notwithstanding any other law, after a pregnant woman
   65  is convicted of any offense and when the sentencing court
   66  pronounces a sentence of incarceration, the court has the
   67  discretion to stay the beginning of the period of incarceration
   68  for up to 12 weeks after the pregnant woman gives birth or is no
   69  longer pregnant. In determining whether to grant a pregnant
   70  woman’s request to stay the beginning of the period of
   71  incarceration, the court must consider all of the following:
   72         (a) The severity of the offense for which the defendant is
   73  convicted.
   74         (b) Whether the defendant was previously convicted of a
   75  felony.
   76         (c) Whether other felony charges are pending against the
   77  defendant.
   78         (d)The state’s interest in deterring and punishing
   79  criminal activity and protecting the public.
   80         (e) The rights of the victim of the defendant’s crime,
   81  consistent with s. 16, Art. I of the State Constitution and s.
   82  960.0021.
   83         (f)Whether staying the incarceration is consistent with
   84  protecting the life, health, and safety of the unborn child and
   85  its life during the first 12 weeks after birth. In considering
   86  this factor, the court shall consider the existence of any prior
   87  substance abuse by the defendant, whether any other children of
   88  the defendant have been adjudicated dependent, and any other
   89  information relevant to the health and safety of the unborn
   90  child.
   92  If the court grants the request to stay the incarceration, it
   93  must explain its reasons in writing.
   94         (3) The sentencing court may order a pregnant woman whose
   95  incarceration is stayed to comply with any of the terms and
   96  conditions specified in s. 948.03 until such time as she is
   97  incarcerated.
   98         (4) Within 10 days after the end of the stay of
   99  incarceration and the commencement of the womans incarceration
  100  to serve the sentence, she must be offered an appropriate
  101  assessment by a licensed health care practitioner or a
  102  telehealth provider as defined in s. 456.47, and upon her
  103  request, the licensed health care practitioner or telehealth
  104  provider shall provide a postpartum assessment, including the
  105  need for any necessary medical tests, procedures, lactation
  106  support, mental health support, or treatments associated with
  107  her postpartum condition. The Department of Corrections and
  108  municipal and county detention facilities shall develop and
  109  offer such assessments and treatments in consultation with
  110  community support organizations, licensed health care
  111  practitioners, social services programs, and local and state
  112  government agencies, including nonprofit organizations.
  113         (5) If, during the stay of incarceration, the pregnant
  114  woman is convicted of another crime or violates any of the
  115  conditions imposed by the sentencing judge, the judge may impose
  116  any sanction under s. 948.06, including an order requiring the
  117  incarceration of the pregnant woman to serve the sentence for
  118  which the stay was granted.
  119         (6)(a) The Department of Corrections shall collect from its
  120  own institutions, and each municipal detention facility and
  121  county detention facility as those terms are defined in s.
  122  951.23 shall collect and report to the department, all of the
  123  following information, which the department shall compile and
  124  publish quarterly on its public website:
  125         1. The total number of pregnant women whose sentences are
  126  stayed under subsection (2);
  127         2.The total number of births, including the number of live
  128  births and stillbirths, to women whose sentences are stayed, and
  129  the gestational age and birth weight of each infant at the time
  130  of birth or stillbirth;
  131         3.The total number of women who experience complications
  132  during pregnancy and the type of complications experienced;
  133         4.The total number of women who experience miscarriages;
  134  and
  135         5. The total number of women who refuse to provide
  136  information regarding the outcome of their pregnancies as
  137  indicated in subparagraphs 2., 3., and 4.
  138         (b)The information published pursuant to paragraph (a)
  139  must exclude personally identifying information and must comply
  140  with state and federal confidentiality laws.
  141         Section 4. This act shall take effect July 1, 2022.