Florida Senate - 2023                                     SB 730
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00132-23                                            2023730__
    1                        A bill to be entitled                      
    2         An act relating to pregnant women in custody;
    3         providing a short title; creating s. 907.033, F.S.;
    4         requiring that every female who is arrested and not
    5         released on bond within 72 hours after arrest be
    6         administered a pregnancy test within a specified
    7         timeframe, upon her request; requiring that each
    8         municipal detention facility or county detention
    9         facility notify each arrested female upon booking at
   10         the facility of her right to request a pregnancy test;
   11         providing for the types of pregnancy tests that may be
   12         given; defining the term “female”; creating s. 925.13,
   13         F.S.; defining the term “pregnant woman”; authorizing
   14         a sentencing court to stay the beginning of the period
   15         of incarceration for up to a certain amount of time
   16         for a pregnant woman convicted of any offense;
   17         requiring the court to consider specified factors in
   18         determining whether to grant a pregnant woman’s
   19         request to stay the beginning of the period of
   20         incarceration; requiring the court to explain in
   21         writing its reasons for granting a stay of
   22         incarceration; authorizing a sentencing court to order
   23         a pregnant woman to comply with specified terms and
   24         conditions during the stay of the incarceration;
   25         requiring that, within 10 days after the end of the
   26         stay and the commencement of the woman’s
   27         incarceration, she be offered and receive, upon her
   28         request, a specified assessment and services;
   29         authorizing a judge to impose specified sanctions for
   30         another criminal conviction or a violation of the
   31         terms and conditions ordered by the judge; requiring
   32         municipal detention facilities and county detention
   33         facilities to collect and report to the Department of
   34         Corrections, and the department to collect from its
   35         own institutions, specified information; requiring the
   36         department to quarterly compile and publish the
   37         information on its public website; providing
   38         requirements for publishing such information;
   39         providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. This act may be cited as “Ava’s Law.”
   44         Section 2. Section 907.033, Florida Statutes, is created to
   45  read:
   46         907.033 Pregnancy testing of female arrestees.—Every female
   47  who is arrested and not released on bond within 72 hours after
   48  arrest must, upon her request, be administered a pregnancy test
   49  by the municipal detention facility or county detention facility
   50  as those terms are defined in s. 951.23 where she is being held
   51  within 24 hours after the request. During booking into the
   52  facility, the facility must notify each such arrestee of her
   53  right to request a pregnancy test administered within 72 hours
   54  after arrest if she is still in custody. The pregnancy test may
   55  be conducted by using urine or blood samples, by ultrasound
   56  scan, or by any other standard pregnancy testing protocols
   57  adopted by the facility. As used in this section, the term
   58  “female” means a juvenile or an adult woman.
   59         Section 3. Section 925.13, Florida Statutes, is created to
   60  read:
   61         925.13Staying of sentence for pregnant women.—
   62         (1)As used in this section, the term “pregnant woman”
   63  means a juvenile or an adult woman whose pregnancy has been
   64  verified by a pregnancy test or through a medical examination
   65  conducted by a health care practitioner.
   66         (2) Notwithstanding any other law, after a pregnant woman
   67  is convicted of any offense and when the sentencing court
   68  pronounces a sentence of incarceration, the court has the
   69  discretion to stay the beginning of the period of incarceration
   70  for up to 12 weeks after the pregnant woman gives birth or is no
   71  longer pregnant. In determining whether to grant a pregnant
   72  woman’s request to stay the beginning of the period of
   73  incarceration, the court must consider all of the following:
   74         (a) The severity of the offense for which the defendant is
   75  convicted.
   76         (b) Whether the defendant was previously convicted of a
   77  felony.
   78         (c) Whether other felony charges are pending against the
   79  defendant.
   80         (d)The state’s interest in deterring and punishing
   81  criminal activity and protecting the public.
   82         (e) The rights of the victim of the defendant’s crime,
   83  consistent with s. 16, Art. I of the State Constitution and s.
   84  960.0021.
   85         (f)Whether staying the incarceration is consistent with
   86  protecting the life, health, and safety of the unborn child and
   87  its life during the first 12 weeks after birth. In considering
   88  this factor, the court shall consider the existence of any prior
   89  substance abuse by the defendant, whether any other children of
   90  the defendant have been adjudicated dependent, and any other
   91  information relevant to the health and safety of the unborn
   92  child.
   93  
   94  If the court grants the request to stay the incarceration, it
   95  must explain its reasons in writing.
   96         (3) The sentencing court may order a pregnant woman whose
   97  incarceration is stayed to comply with any of the terms and
   98  conditions specified in s. 948.03 until such time as she is
   99  incarcerated.
  100         (4) Within 10 days after the end of the stay of
  101  incarceration and the commencement of the womans incarceration
  102  to serve the sentence, she must be offered an appropriate
  103  assessment by a licensed health care practitioner or a
  104  telehealth provider as defined in s. 456.47, and upon her
  105  request, the licensed health care practitioner or telehealth
  106  provider shall provide a postpartum assessment, including the
  107  need for any necessary medical tests, procedures, lactation
  108  support, mental health support, or treatments associated with
  109  her postpartum condition. The Department of Corrections,
  110  municipal detention facilities, and county detention facilities
  111  shall develop and offer such assessments and treatments in
  112  consultation with community support organizations, licensed
  113  health care practitioners, social services programs, and local
  114  and state government agencies, including nonprofit
  115  organizations.
  116         (5) If, during the stay of incarceration, the pregnant
  117  woman is convicted of another crime or violates any of the
  118  conditions imposed by the sentencing judge, the judge may impose
  119  any sanction under s. 948.06, including an order requiring the
  120  incarceration of the pregnant woman to serve the sentence for
  121  which the stay was granted.
  122         (6)(a) The Department of Corrections shall collect from its
  123  own institutions, and each municipal detention facility and
  124  county detention facility as those terms are defined in s.
  125  951.23 shall collect and report to the department, all of the
  126  following information, which the department shall compile and
  127  publish quarterly on its public website:
  128         1. The total number of pregnant women whose sentences are
  129  stayed under subsection (2);
  130         2.The total number of births, including the number of live
  131  births and stillbirths, to women whose sentences are stayed, and
  132  the gestational age and birth weight of each infant at the time
  133  of birth or stillbirth;
  134         3.The total number of women who experience complications
  135  during pregnancy and the type of complications experienced;
  136         4.The total number of women who experience miscarriages;
  137  and
  138         5. The total number of women who refuse to provide
  139  information regarding the outcome of their pregnancies as
  140  indicated in subparagraphs 2., 3., and 4.
  141         (b)The information published pursuant to paragraph (a)
  142  must exclude personally identifying information and must comply
  143  with state and federal confidentiality laws.
  144         Section 4. This act shall take effect July 1, 2023.