Florida Senate - 2020 SB 852 By Senator Pizzo 38-00969-20 2020852__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to restrictive housing for 2 incarcerated pregnant women; amending s. 944.241, 3 F.S.; defining the term “restrictive housing”; 4 prohibiting the involuntary placement of pregnant 5 prisoners in restrictive housing; providing 6 exceptions; requiring corrections officials to write a 7 specified report if an extraordinary circumstance 8 necessitates placing a pregnant prisoner in 9 restrictive housing; providing requirements for the 10 report; requiring corrections officials to review such 11 reports at specified intervals; requiring a copy of 12 such reports and reviews to be provided to pregnant 13 prisoners in restrictive housing; providing 14 requirements for the treatment of pregnant prisoners 15 placed in restrictive housing; requiring pregnant 16 prisoners to be admitted to the infirmary under 17 certain circumstances; providing certain rights for 18 pregnant prisoners admitted to the infirmary; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23

Section

Section 944.241, Florida Statutes, is amended to 24 read: 25 944.241 Shackling of Incarcerated pregnant women; 26 restraints; involuntary medical isolation.— 27

(1) SHORT TITLE.—This

section may be cited as the “Healthy 28 Pregnancies for Incarcerated Women Act.” 29

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(2) DEFINITIONS.—As used in this section, the term: 30 (a) “Correctional institution” means any facility under the 31 authority of the department or the Department of Juvenile 32 Justice, a county or municipal detention facility, or a 33 detention facility operated by a private entity. 34 (b) “Corrections official” means the official who is 35 responsible for oversight of a correctional institution, or his 36 or her designee. 37 (c) “Department” means the Department of Corrections. 38 (d) “Extraordinary circumstance” means a substantial flight 39 risk or some other extraordinary medical or security 40 circumstance that dictates restraints be used to ensure the 41 safety and security of the prisoner, the staff of the 42 correctional institution or medical facility, other prisoners, 43 or the public. 44 (e) “Labor” means the period of time before a birth during 45 which contractions are of sufficient frequency, intensity, and 46 duration to bring about effacement and progressive dilation of 47 the cervix. 48 (f) “Postpartum recovery” means, as determined by her 49 physician, the period immediately following delivery, including 50 the recovery period when a woman is in the hospital or infirmary 51 following birth, up to 24 hours after delivery unless the 52 physician after consultation with the department or correctional 53 institution recommends a longer period of time. 54 (g) “Prisoner” means any person incarcerated or detained in 55 any correctional institution who is accused of, convicted of, 56 sentenced for, or adjudicated delinquent for a violation of 57 criminal law or the terms and conditions of parole, probation, 58

Florida Senate - 2020 SB 852 38-00969-20 2020852__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. community control, pretrial release, or a diversionary program. 59 For purposes of this section, the term includes any woman 60 detained under the immigration laws of the United States at any 61 correctional institution. 62 (h) “Restraints” means any physical restraint or mechanical 63 device used to control the movement of a prisoner’s body or 64 limbs, including, but not limited to, flex cuffs, soft 65 restraints, hard metal handcuffs, a black box, chubb cuffs, leg 66 irons, belly chains, a security or tether chain, or a convex 67 shield. 68 (i) “Restrictive housing” means housing some prisoners 69 separately from the general population of a correctional 70 institution and imposing restrictions on their movement, 71 behavior, and privileges.

The term includes placing the prisoner 72 in medical isolation or in the infirmary. 73

(3) RESTRAINT OF PRISONERS.— 74 (

a) Restraints may not be used on a prisoner who is known 75 to be pregnant during labor, delivery, and postpartum recovery, 76 unless the corrections official makes an individualized 77 determination that the prisoner presents an extraordinary 78 circumstance, except that: 79 1. The physician may request that restraints not be used 80 for documentable medical purposes.

The correctional officer, 81 correctional institution employee, or other officer accompanying 82 the pregnant prisoner may consult with the medical staff; 83 however, if the officer determines there is an extraordinary 84 public safety risk, the officer is authorized to apply 85 restraints as limited by subparagraph 2. 86 2. Under no circumstances shall Leg, ankle, or waist 87

Florida Senate - 2020 SB 852 38-00969-20 2020852__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. restraints may not be used on any pregnant prisoner who is in 88 labor or delivery. 89 (

b) If restraints are used on a pregnant prisoner pursuant 90 to paragraph (a): 91 1. The type of restraint applied and the application of the 92 restraint must be done in the least restrictive manner 93 necessary; and 94 2. The corrections official shall make written findings 95 within 10 days after the use of restraints as to the 96 extraordinary circumstance that dictated the use of the 97 restraints. These findings shall be kept on file by the 98 department or correctional institution for at least 5 years. 99 (

c) During the third trimester of pregnancy or when 100 requested by the physician treating a pregnant prisoner, unless 101 there are significant documentable security reasons noted by the 102 department or correctional institution to the contrary that 103 would threaten the safety of the prisoner, the unborn child, or 104 the public in general: 105 1. Leg, ankle, and waist restraints may not be used; and 106 2. If wrist restraints are used, they must be applied in 107 the front so the pregnant prisoner is able to protect herself in 108 the event of a forward fall. 109 (

d) In addition to the specific requirements of paragraphs 110 (a)-(c), any restraint of a prisoner who is known to be pregnant 111 must be done in the least restrictive manner necessary in order 112 to mitigate the possibility of adverse clinical consequences. 113

(4) ENFORCEMENT.— 114 (

a) Notwithstanding any relief or claims afforded by 115 federal or state law, any prisoner who is restrained in 116

Florida Senate - 2020 SB 852 38-00969-20 2020852__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. violation of this

section may file a grievance with the 117 correctional institution, and be granted a 45-day extension if 118 requested in writing pursuant to rules promulgated by the 119 correctional institution. 120 (

b) This

section does not prevent a woman harmed through 121 the use of restraints under this

section from filing a complaint 122 under any other relevant provision of federal or state law. 123

(5) RESTRICTIVE HOUSING.— 124 (

a) Except as provided in paragraph (b), a pregnant 125 prisoner may not be involuntarily placed in restrictive housing. 126 (

b) A pregnant prisoner may be involuntarily placed in 127 restrictive housing only if the corrections official of the 128 correctional institution, in consultation with the individual 129 overseeing prenatal care and medical treatment at the 130 correctional institution, determines that an extraordinary 131 circumstance exists such that restrictive housing is necessary 132 and that there are no less restrictive means available. 133 1. The corrections official shall, before placing a 134 prisoner in restrictive housing, write a report that states: 135 a. The extraordinary circumstance that is present; and 136 b.

The reason less restrictive means are not available. 137 2. The corrections official shall review the report at 138 least every 24 hours to confirm that the extraordinary 139 circumstances cited in the report still exist. A copy of the 140 report and each review must be provided to the prisoner. 141 (

c) A pregnant prisoner who is placed in restrictive 142 housing under this

section shall be: 143 1. Examined at least every 8 hours by the person overseeing 144 prenatal care and medical treatment in the facility; 145

Florida Senate - 2020 SB 852 38-00969-20 2020852__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. 2. Housed in the least restrictive setting consistent with 146 the health and safety of the individual; and 147 3. Given an intensive treatment plan developed and approved 148 by the person overseeing prenatal care and medical treatment at 149 the facility. 150 (

d) If a pregnant prisoner needs infirmary care, a primary 151 care nurse practitioner or obstetrician must provide an order 152 for the prisoner to be admitted to the infirmary. If the 153 prisoner has passed her due date, she must be admitted to the 154 infirmary until labor begins or until the obstetrician makes 155 other housing arrangements. A pregnant prisoner who has been 156 placed in the infirmary shall be provided: 157 1. The same access to outdoor recreation, visitation, mail, 158 and telephone calls as other prisoners; and 159 2. The ability to continue to participate in other 160 privileges and classes granted to the general population. 161 (6)

(5) NOTICE TO PRISONERS.— 162 (

a) By September 1, 2012, the department and the Department 163 of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1) 164 and 120.54 to administer this section. 165 (

b) Each correctional institution shall inform female 166 prisoners of the rules developed pursuant to paragraph (

a) upon 167 admission to the correctional institution, including the 168 policies and practices in the prisoner handbook, and post the 169 policies and practices in locations in the correctional 170 institution where such notices are commonly posted and will be 171 seen by female prisoners, including common housing areas and 172 medical care facilities. 173

Section 2. This act shall take effect July 1, 2020. 174