Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 49
       
       
       
       
       
       
                                Ì795286QÎ795286                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             04/26/2019 10:13 AM       .      04/29/2019 05:52 PM       
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       Senator Pizzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Dignity for
    6  Incarcerated Women Act.”
    7         Section 2. Section 944.242, Florida Statutes, is created to
    8  read:
    9         944.242 Dignity for women in correctional facilities.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a) “Correctional facility” means any part of the
   12  correctional system, any county detention facility, juvenile
   13  detention center or residential facility, temporary holding
   14  center, or other criminal detention facility operated by or on
   15  behalf of the state or any political subdivision.
   16         (b) “Correctional facility employee” means a correctional
   17  officer employed by a correctional facility.
   18         (c) “Health care products” includes the following:
   19         1. Feminine hygiene products, including tampons.
   20         2. Moisturizing soap that is not lye-based.
   21         3. Toothbrushes.
   22         4. Toothpaste.
   23         5. Any other health care product the correctional facility
   24  deems appropriate.
   25         (d) “State of undress” means not dressed or not fully
   26  dressed.
   27         (2) HEALTH CARE PRODUCTS.—A correctional facility shall
   28  make available health care products to each woman incarcerated
   29  in the facility at no cost to the woman in a quantity that is
   30  appropriate to the needs of the woman without a medical
   31  referral. A correctional facility may not require that a woman
   32  be diagnosed with an illness in order to access health care
   33  products. A correctional facility shall make health care
   34  products available in common housing areas and in medical care
   35  facilities.
   36         (3) MALE CORRECTIONAL FACILITY EMPLOYEES.—
   37         (a) A male correctional facility employee may not conduct a
   38  pat-down search or body cavity search on an incarcerated woman
   39  unless the woman presents an immediate risk of harm to herself
   40  or others and a female correctional facility employee is not
   41  available to do the search.
   42         (b) A male correctional facility employee shall announce
   43  his presence upon entering a housing unit for incarcerated
   44  women.
   45         (c) A male correctional facility employee may not enter an
   46  area of the correctional facility in which an incarcerated woman
   47  may be in a state of undress or an area where an incarcerated
   48  woman in a state of undress may be viewed, including, but not
   49  limited to, restrooms, shower areas, and medical treatment
   50  areas. If a female correctional facility employee is not
   51  available or if a female correctional facility employee requires
   52  assistance, a male correctional facility employee may enter such
   53  area only in the event of a medical emergency or if an
   54  incarcerated woman presents an immediate risk of harm to herself
   55  or others.
   56         (d) If a male correctional facility employee conducts a
   57  pat-down search or body cavity search or enters a prohibited
   58  area in an emergency situation as provided in paragraph (a) or
   59  paragraph (c), the male correctional facility employee shall
   60  document the incident, including the circumstances necessitating
   61  the male correctional facility employee’s actions, no later than
   62  3 days after the incident. The correctional facility shall
   63  review and retain all documentation.
   64         Section 3. This act shall take effect July 1, 2019.
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete everything before the enacting clause
   68  and insert:
   69                        A bill to be entitled                      
   70         An act relating to incarcerated women; providing a
   71         short title; creating s. 944.242, F.S.; providing
   72         definitions; requiring correctional facilities to
   73         provide incarcerated women with certain health care
   74         products, subject to certain requirements; requiring a
   75         correctional facility to make health care products
   76         available in common housing areas and in medical care
   77         facilities; providing requirements for male
   78         correctional facility employees in certain
   79         circumstances; requiring documentation of certain
   80         incidents involving male correctional facility
   81         employees; requiring the correctional facility to
   82         review and retain such documentation; providing an
   83         effective date.