Florida Senate - 2019 SB 332 By Senator Pizzo 38-00800-19 2019332__ 1 A bill to be entitled 2 An act relating to incarcerated women; providing a 3 short title; creating s. 944.242, F.S.; providing 4 definitions; requiring correctional facilities to 5 provide incarcerated women with certain health care 6 products, subject to certain requirements; requiring a 7 correctional facility to make health care products 8 available in common housing areas and in medical care 9 facilities; providing requirements for male 10 correctional facility employees in certain 11 circumstances; requiring documentation of certain 12 incidents involving male correctional facility 13 employees; requiring the correctional facility to 14 review and retain such documentation; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. This act may be cited as the “Dignity for 20 Incarcerated Women Act.” 21 Section 2. Section 944.242, Florida Statutes, is created to 22 read: 23 944.242 Dignity for women in correctional facilities.— 24 (1) DEFINITIONS.—As used in this section, the term: 25 (a) “Correctional facility” means any part of the 26 correctional system and any jail, juvenile detention center or 27 facility, temporary holding center, or other criminal detention 28 facility operated by or on behalf of the state or any political 29 subdivision. 30 (b) “Correctional facility employee” means any employee of 31 a correctional facility. 32 (c) “Health care products” includes the following: 33 1. Feminine hygiene products. 34 2. Moisturizing soap that is not lye-based. 35 3. Toothbrushes. 36 4. Toothpaste. 37 5. Any other health care product the correctional facility 38 deems appropriate. 39 (d) “State of undress” means not dressed or not fully 40 dressed. 41 (2) HEALTH CARE PRODUCTS.—A correctional facility shall 42 make available health care products to each woman incarcerated 43 in the facility at no cost to the woman in a quantity that is 44 appropriate to the needs of the woman without a medical 45 referral. A correctional facility may not require that a woman 46 be diagnosed with an illness in order to access health care 47 products. A correctional facility shall make health care 48 products available in common housing areas and in medical care 49 facilities. 50 (3) MALE CORRECTIONAL FACILITY EMPLOYEES.— 51 (a) A male correctional facility employee may not conduct a 52 pat-down search or body cavity search on an incarcerated woman 53 unless the woman presents an immediate risk of harm to herself 54 or others and a female correctional facility employee is not 55 available to do the search. 56 (b) A male correctional facility employee shall announce 57 his presence upon entering a housing unit for incarcerated 58 women. 59 (c) A male correctional facility employee may not enter an 60 area of the correctional facility in which an incarcerated woman 61 may be in a state of undress or an area where an incarcerated 62 woman in a state of undress may be viewed, including, but not 63 limited to, restrooms, shower areas, and medical treatment 64 areas. If a female correctional facility employee is not 65 available or if a female correctional facility employee requires 66 assistance, a male correctional facility employee may enter such 67 area only in the event of a medical emergency or if an 68 incarcerated woman presents an immediate risk of harm to herself 69 or others. 70 (d) If a male correctional facility employee conducts a 71 pat-down search or body cavity search or enters a prohibited 72 area in an emergency situation as provided in paragraph (a) or 73 paragraph (c), the male correctional facility employee shall 74 document the incident, including the circumstances necessitating 75 the male correctional facility employee’s actions, no later than 76 3 days after the incident. The correctional facility shall 77 review and retain all documentation. 78 Section 3. This act shall take effect July 1, 2019.