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Key Votes

HB 1259 - Prohibits Putting Pregnant Prisoners in Restrictive Housing - Florida Key Vote

Timeline

Issues Related to HB 1259

Stage Details

Legislation - Signed (Executive) -

Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

Legislation - Concurrence Vote Passed (Senate) (37-0) - (Key vote)
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Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

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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).

Legislation - Concurrence Vote Passed (House) (112-0) -

Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

Legislation - Bill Passed With Amendment (Senate) (37-0) -

Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

Legislation - Bill Passed (House) (118-0) -

Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

Legislation - Introduced (House) -

Title: Prohibits Putting Pregnant Prisoners in Restrictive Housing

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