Florida Senate - 2011 SB 1086 By Senator Hill 1-00691B-11 20111086__ 1 A bill to be entitled 2 An act relating to the restraint of incarcerated 3 pregnant women; providing a short title; defining 4 terms; prohibiting a correctional institution or 5 county or municipal detention facility from using 6 restraints on a prisoner known to be pregnant unless a 7 corrections official makes an individualized 8 determination that the prisoner presents an 9 extraordinary circumstance requiring restraints; 10 providing that a doctor, nurse, or other health care 11 professional treating the prisoner may request that 12 restraints not be used, in which case the corrections 13 official accompanying the prisoner shall remove all 14 restraints; requiring that any restraint applied must 15 be done in the least restrictive manner necessary; 16 requiring the corrections official to make written 17 findings within 10 days as to the extraordinary 18 circumstance that dictated the use of restraints; 19 requiring that the findings be kept on file by the 20 correctional institution or detention facility for at 21 least 5 years and be made available for public 22 inspection under certain circumstances; authorizing 23 any woman who is restrained in violation of the act to 24 file a complaint within a specified period; providing 25 that these remedies do not prevent a woman harmed from 26 filing a complaint under any other relevant provision 27 of federal or state law; directing the Department of 28 Corrections and the Department of Juvenile Justice to 29 adopt rules; requiring correctional institutions and 30 detention facilities to inform prisoners of the rules 31 upon admission, including the policies and practices 32 in the prisoner handbook, and post the policies and 33 practices in the correctional institution or detention 34 facility; requiring the Secretary of Corrections, the 35 Secretary of Juvenile Justice, and county and 36 municipal corrections officials to annually file 37 written reports with the Executive Office of the 38 Governor detailing each incident of shackling; 39 providing an effective date. 40 41 WHEREAS, restraining a pregnant prisoner can pose undue 42 health risks and increase the potential for physical harm to the 43 woman and her pregnancy, and 44 WHEREAS, the vast majority of female prisoners in this 45 state are nonviolent offenders, and 46 WHEREAS, the impact of such harm to a pregnant woman can 47 negatively affect her pregnancy, and 48 WHEREAS, freedom from physical restraints is especially 49 critical during labor, delivery, and postpartum recovery after 50 delivery as women often need to move around during labor and 51 recovery, including moving their legs as part of the birthing 52 process, and 53 WHEREAS, restraints on a pregnant woman can interfere with 54 the medical staff’s ability to appropriately assist in 55 childbirth or to conduct sudden emergency procedures, and 56 WHEREAS, the Federal Bureau of Prisons, the United States 57 Marshals Service, the American Correctional Association, the 58 American College of Obstetricians and Gynecologists, and the 59 American Public Health Association all oppose restraining women 60 during labor, delivery, and postpartum recovery because it is 61 unnecessary and dangerous to a woman’s health and well-being, 62 NOW, THEREFORE, 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Shackling of incarcerated pregnant women.— 67 (1) SHORT TITLE.—This section may be cited as the “Healthy 68 Pregnancies for Incarcerated Women Act.” 69 (2) DEFINITIONS.—As used in this section, the term: 70 (a) “Correctional institution” means any facility under the 71 authority of the department, the Department of Juvenile Justice, 72 or a county or municipal detention facility. 73 (b) “Corrections official” means the official who is 74 responsible for oversight of a correctional institution, or his 75 or her designee. 76 (c) “Department” means the Department of Corrections. 77 (d) “Extraordinary circumstance” means a substantial flight 78 risk or some other extraordinary medical or security 79 circumstance that dictates restraints be used to ensure the 80 safety and security of the prisoner, the staff of the 81 correctional institution or medical facility, other prisoners, 82 or the public. 83 (e) “Labor” means the period of time before a birth during 84 which contractions are of sufficient frequency, intensity, and 85 duration to bring about effacement and progressive dilation of 86 the cervix. 87 (f) “Postpartum recovery” means, as determined by her 88 physician, the period immediately following delivery, including 89 the recovery period when a woman is in the hospital or infirmary 90 following birth. 91 (g) “Prisoner” means any person incarcerated or detained in 92 any correctional institution who is accused of, convicted of, 93 sentenced for, or adjudicated delinquent for a violation of 94 criminal law or the terms and conditions of parole, probation, 95 community control, pretrial release, or a diversionary program. 96 For purposes of this section, the term includes any woman 97 detained under the immigration laws of the United States at any 98 correctional institution. 99 (h) “Restraints” means any physical restraint or mechanical 100 device used to control the movement of a prisoner’s body or 101 limbs, including, but not limited to, flex cuffs, soft 102 restraints, hard metal handcuffs, a black box, chubb cuffs, leg 103 irons, belly chains, a security or tether chain, or a convex 104 shield. 105 (3) RESTRAINT OF PRISONERS.— 106 (a) A corrections official may not use restraints on a 107 prisoner known to be pregnant, including during labor, transport 108 to a medical facility, delivery, and postpartum recovery, unless 109 the corrections official makes an individualized determination 110 that the prisoner presents an extraordinary circumstance, except 111 that: 112 1. If the doctor, nurse, or other health care professional 113 treating the prisoner requests that restraints not be used, the 114 corrections official accompanying the pregnant prisoner shall 115 remove all restraints; and 116 2. Under no circumstances shall leg or waist restraints be 117 used on any pregnant prisoner who is in labor or delivery. 118 (b) If restraints are used on a pregnant prisoner pursuant 119 to paragraph (a): 120 1. The type of restraint applied and the application of the 121 restraint must be done in the least restrictive manner 122 necessary; and 123 2. The corrections official shall make written findings 124 within 10 days as to the extraordinary circumstance that 125 dictated the use of the restraints. These findings shall be kept 126 on file by the correctional institution for at least 5 years and 127 be made available for public inspection, except that the 128 identifying information of a prisoner may not be made public 129 without the prisoner’s prior written consent. 130 (4) ENFORCEMENT.— 131 (a) Notwithstanding any relief or claims afforded by 132 federal or state law, any prisoner who is restrained in 133 violation of this section may file a complaint within 1 year 134 after the incident. 135 (b) This section does not prevent a woman harmed under this 136 section from filing a complaint under any other relevant 137 provision of federal or state law. 138 (5) NOTICE TO PRISONERS.— 139 (a) By September 1, 2011, the department and the Department 140 of Juvenile Justice shall adopt rules pursuant to ss. 120.536(1) 141 and 120.54, Florida Statutes, to administer this section. 142 (b) Each correctional institution shall inform prisoners of 143 the rules developed pursuant to paragraph (a) upon admission to 144 the correctional institution, including the policies and 145 practices in the prisoner handbook, and post the policies and 146 practices in locations in the correctional institution where 147 such notices are commonly posted, including common housing areas 148 and medical care facilities. 149 (6) ANNUAL REPORT.—By June 30 of each year, the Secretary 150 of Corrections, the Secretary of Juvenile Justice, and the 151 corrections official of each municipal and county detention 152 facility where a pregnant prisoner had been shackled during that 153 previous year shall submit a written report to the Executive 154 Office of the Governor which includes an account of every 155 instance using restraints pursuant to this section. The written 156 reports may not contain identifying information of any prisoner. 157 Such reports shall be made available for public inspection. 158 Section 2. This act shall take effect July 1, 2011.