Florida Senate - 2024                                     SB 100
       By Senator Jones
       34-00190-24                                            2024100__
    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, upon her request, every female
    5         arrested and not released on bond within 72 hours
    6         after arrest be administered a pregnancy test within a
    7         specified timeframe; requiring each municipal
    8         detention facility or county detention facility to
    9         notify each arrested female upon booking at the
   10         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 incarceration; requiring
   25         that, within 10 days after the end of the stay and the
   26         commencement of the woman’s incarceration, she be
   27         offered and, upon her request, receive a specified
   28         assessment and services; authorizing a judge to impose
   29         specified sanctions for another criminal conviction or
   30         a violation of the terms and conditions ordered by the
   31         judge; requiring municipal detention facilities and
   32         county detention facilities to collect and report to
   33         the Department of Corrections, and the department to
   34         collect from its own institutions, specified
   35         information; requiring the department to quarterly
   36         compile and publish the information on its public
   37         website; providing requirements for publishing such
   38         information; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. This act may be cited as “Ava’s Law.”
   43         Section 2. Section 907.033, Florida Statutes, is created to
   44  read:
   45         907.033 Pregnancy testing of female arrestees.—Upon her
   46  request, every female arrested and not released on bond within
   47  72 hours after arrest must be administered a pregnancy test by
   48  the municipal detention facility or county detention facility,
   49  as those terms are defined in s. 951.23, where she is being held
   50  within 24 hours after the request. During booking into the
   51  facility, the facility must notify each such arrestee of her
   52  right to request that she be administered a pregnancy test
   53  within 72 hours after arrest if she is still in custody. The
   54  pregnancy test may be administered by collection of urine or
   55  blood samples, by ultrasound scan, or by any other standard
   56  pregnancy testing protocols adopted by the facility. As used in
   57  this section, the term “female” means a juvenile girl or an
   58  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 girl 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, when a pregnant woman is
   67  convicted of any offense and the sentencing court pronounces a
   68  sentence of incarceration, the court has the discretion to stay
   69  the beginning of the period of incarceration for up to 12 weeks
   70  after the pregnant woman gives birth or is no longer pregnant.
   71  In determining whether to grant a pregnant woman’s request to
   72  stay the beginning of the period of incarceration, the court
   73  shall 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.
   94  If the court grants a request to stay incarceration, it must
   95  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 who, upon her
  105  request, shall provide a postpartum assessment, including the
  106  need for any necessary medical tests, procedures, lactation
  107  support, mental health support, or treatments associated with
  108  her postpartum condition. The Department of Corrections,
  109  municipal detention facilities, and county detention facilities
  110  shall develop and offer such assessments and treatments in
  111  consultation with community support organizations, licensed
  112  health care practitioners, social services programs, and local
  113  and state governmental agencies, including nonprofit
  114  organizations.
  115         (5) If, during the stay of incarceration, the pregnant
  116  woman is convicted of another crime or violates any of the
  117  conditions imposed by the sentencing judge, the judge may impose
  118  any sanction under s. 948.06, including an order requiring the
  119  incarceration of the pregnant woman for the purpose of serving
  120  the sentence for which the stay was granted.
  121         (6)(a) The Department of Corrections shall collect from its
  122  own institutions, and each municipal detention facility and
  123  county detention facility as those terms are defined in s.
  124  951.23 shall collect and report to the department, all of the
  125  following information, which the department shall compile and
  126  publish quarterly on its public website:
  127         1. The total number of pregnant women whose sentences are
  128  stayed under subsection (2);
  129         2.The total number of births, including the number of live
  130  births and stillbirths, to women whose sentences are stayed, and
  131  the gestational age and birth weight of each infant at the time
  132  of birth or stillbirth;
  133         3.The total number of women who experience complications
  134  during pregnancy and the type of complications experienced;
  135         4.The total number of women who experience miscarriages;
  136  and
  137         5. The total number of women who refuse to provide
  138  information regarding the outcome of their pregnancies as
  139  indicated in subparagraphs 2., 3., and 4.
  140         (b)The information published pursuant to paragraph (a)
  141  must exclude personal identifying information and must comply
  142  with state and federal confidentiality laws.
  143         Section 4. This act shall take effect July 1, 2024.