Florida Senate - 2020                                    SB 1838
       By Senator Powell
       30-00211-20                                           20201838__
    1                        A bill to be entitled                      
    2         An act relating to incarcerated women with newborn
    3         children; amending s. 944.24, F.S.; requiring certain
    4         women inmates within the state correctional system who
    5         have newborn children to be allowed specified
    6         visitation and physical touch privileges with their
    7         newborn children; amending s. 944.09, F.S.;
    8         authorizing the Department of Corrections to adopt
    9         rules relating to the visiting hours and privileges of
   10         certain inmates; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (6) of section 944.24, Florida
   15  Statutes, is amended, and subsection (7) is added to that
   16  section, to read:
   17         944.24 Administration of correctional institutions for
   18  women.—
   19         (6) Any woman inmate who gives birth to a child during her
   20  term of imprisonment may be temporarily taken to a hospital
   21  outside the prison for the purpose of childbirth, and the charge
   22  for hospital and medical care must shall be charged against the
   23  funds allocated to the institution. The department shall provide
   24  for the care of any child so born, in compliance with the rights
   25  afforded to the inmate under subsection (7), and shall pay for
   26  the child’s care until the child is suitably placed outside the
   27  prison system.
   28         (7)Any woman inmate who has given birth up to 1 month
   29  before being detained or sentenced or within 9 months after
   30  being detained or sentenced must:
   31         (a) Unless such visitation is prohibited by s.
   32  944.09(1)(n)2., be allowed visitation hours with the child at
   33  least 4 days a week and for at least 1-2 hours per visit until
   34  the child reaches 1 year of age. If a facility is unable to
   35  consistently provide the required visitation hours per day, the
   36  facility may make reasonable accommodations to provide
   37  consistent visitation; and
   38         (b) Unless such contact is prohibited by s. 944.09(1)(n)2.,
   39  be allowed to make physical contact with the child, including,
   40  but not limited to, holding, hugging, kissing, breastfeeding,
   41  cleaning the child, and changing the child’s clothes.
   42         Section 2. Paragraph (n) of subsection (1) of section
   43  944.09, Florida Statutes, is amended to read:
   44         944.09 Rules of the department; offenders, probationers,
   45  and parolees.—
   46         (1) The department has authority to adopt rules pursuant to
   47  ss. 120.536(1) and 120.54 to implement its statutory authority.
   48  The rules must include rules relating to:
   49         (n) Visiting hours and privileges. The rules must shall
   50  provide that:
   51         1. Except as provided in subparagraph 2., any woman inmate
   52  who has given birth up to 1 month before being detained or
   53  sentenced or within 9 months after being detained or sentenced
   54  be provided with visitation hours with the newborn child
   55  pursuant to s. 944.24(7)(a) and be allowed to make physical
   56  contact with her child pursuant to s. 944.24(7)(b).
   57         2. Any inmate with a current or prior conviction for any
   58  offense contained in chapter 794, chapter 800, chapter 827, or
   59  chapter 847 for committing or attempting to commit aggravated
   60  child abuse or committing or attempting to commit a sex act on,
   61  in the presence of, or against a child under the age of 16
   62  years, may shall not be allowed visitation with anyone under the
   63  age of 18 years, unless special visitation is approved by the
   64  warden. The authorization for special visitation must shall be
   65  based on extenuating circumstances that serve the interest of
   66  the children. If visiting is restricted by court order,
   67  permission for special visitation may be granted only by the
   68  judge issuing the order.
   69         Section 3. This act shall take effect July 1, 2020.