Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for HB 49 Ì795286QÎ795286 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.