Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that prohibits the involuntary placement of pregnant prisoners in restrictive housing, among other provisions.

Highlights:

• Prohibits the use of restraints on prisoners during labor, delivery, and postpartum recovery unless a corrections official determines there is an extraordinary public safety risk (Sec. 1).

• Specifies that restraint use under extraordinary circumstances must be documented by the corrections official within 10 days of the restraint use and kept on file for at least 5 years (Sec. 1).

• Prohibits the use of leg, ankle, and waist restraints on a prisoner during the third trimester of pregnancy (Sec. 1).

• Specifies that front wrist restraints may be used during the third trimester if the corrections official determines there is a significant safety risk (Sec. 1).

• Requires any use of restraints on a pregnant prisoner to be done in the least restrictive manner necessary (Sec. 1).

• Authorizes prisoners restrained in violation of this bill to file a grievance with the correctional institution (Sec. 1).

• Prohibits the involuntary placement of pregnant prisoners in restrictive housing unless a corrections official, in consultation with the individual overseeing prenatal care, determines there is an extraordinary circumstance necessitating restrictive housing and less restrictive housing is not available (Sec. 1). 

• Defines “restrictive housing” as housing separate from the general population of a correctional institution which imposes restrictions on the movement and privileges of prisoners (Sec. 1).

• Requires the corrections official placing a pregnant prisoner in restrictive housing to follow procedures including (Sec. 1):

• Submitting a written report documenting the extraordinary circumstance that is present and the reason less restrictive means are not available; 

• Reviewing the report at least every 24 hours to confirm that the extraordinary circumstance still exists; and

• Providing a copy of the report and each review to the prisoner.

• Requires pregnant prisoners placed in restrictive housing to be (Sec. 1):

• examined at least every 8 hours by the individual overseeing prenatal care;

• Housed in the least restrictive setting possible; and 

• Given an intensive treatment plan developed by the individual overseeing prenatal care.

• Requires a primary care nurse practitioner to provide an order for the prisoner to be admitted to the infirmary if a pregnant prisoner needs infirmary care (Sec. 1).

• Requires pregnant prisoners who have passed their due date to be admitted to the infirmary until labor begins (Sec. 1).

• Requires pregnant prisoners placed in the infirmary to be provided the same access to privileges granted to the general population (Sec. 1).

• Specifies that the provisions of this bill shall take effect July 1, 2020 (Sec. 2).

Full Bill Text