Title: Incarcerated Women with Newborn Children

Summary: Requires women inmates in state & county correctional systems who have newborn children be allowed visitation & physical touch privileges with their newborn children; prohibits such inmates from being relocated during term of their imprisonment; requires such inmates be allowed to be involved in determining care of their newborn children; requires sheriffs & chief correctional officers to adopt model standards relating to such inmates.

Full Text:
An act relating to incarcerated women with newborn children; amending ss. 944.24 and 951.175, F.S.; requiring certain women inmates within the state and county correctional systems who have newborn children to be allowed specified visitation and physical touch privileges with their newborn children; prohibiting such inmates from being relocated during the term of their imprisonment except under certain circumstan ces; amending s. 944.09, F.S.; authorizing the Department of Corrections to adopt rules relating to the visiting hours and privileges of such inmates; amending s. 944.611, F.S.; providing legislative intent regarding the location of such inmates for the te rm of their imprisonment; amending s. 951.23, F.S.; requiring sheriffs and chief correctional officers to adopt model standards relating to such inmates; deleting obsolete language; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) of section 944.24, Florida Statutes, is amended, and subsection (7) is added to that section, to read: 944.24 Administration of correctional institutions for HB 1301 2019 women.-(6) Any woman inmate who gives birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the prison for the purpose of childbirth, and the charge for hospital and medical care must shall be charged against the funds allocated to the institution. The depa rtment shall provide for the care of any child so born,in compliance with the rights afforded to the inmate under subsection (7), and shall pay for the child's care until the child is suitably placed outside the prison system. (7) Any woman inmate who has given birth up to month before being detained or sentenced or within months after being detained or sentenced: (a) Must be allowed the following visitation hours with the child, unless such visitation is prohibited by s. 944.09(1)(n)2.: 1. For weeks after the child's birth, visitation hours with the child every day; and After the first weeks after a child's birth, visitation hours with the child at least days a week until the child reaches year of age. After the child reaches year of age, normal visitation hours apply; (b) Must be allowed to make physical contact with the child, including, but not limited to, holding, hugging, kissing, breastfeeding, cleaning the child, and changing the child's HB 1301 2019 clothes, unless such contact is prohi bited by s. 944.09(1)(n)2.; and (c) May not be relocated from a Department of Corrections facility during the length of her imprisonment, unless one of the following subparagraphs applies: 1. The inmate: a. Requires specific medical or mental health treatment under ss. 945.12 and 945.43-945.45; b. Is forced to relocate due to her classification status under ss. 944.17 and 944.1905; or c. Requires access to the programs or services listed under ss. 944.473, 944.705-944.707, and 944.803. 2. The in mate's child is relocated during the inmate's detention. Section 2. Subsection (5) of section 951.175, Florida Statutes, is amended, and subsection (6) is added to that section, to read: 951.175 Provision of programs for women.-(5) Any woman inmate who gives birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the detention facility for the purpose of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the detention facility. The county shall provide for the care,in compliance with the rights afforded to the inmate under subsection (6), of any child so HB 1301 2019 born and shall pay for the child's care until the child is suitably placed outside the prison syst em. (6) Any woman inmate who has given birth up to month before being detained or sentenced or within months after being detained or sentenced: (a) Must be allowed the following visitation hours with the child, unless such visitation is otherwise prohibited by law: 1. For weeks after the child's birth, visitation hours with the child every day; and 2. After the first weeks after a child's birth, visitation hours with the child at least days a week until the child reaches year of age. After the child reaches year of age, normal visitation hours apply. (b) Must be allowed to make physical contact with the child, including, but not limited to, holding, hugging, kissing, breastfeeding, cleaning the child, and changing the child's clothes, unless such visitation is otherwise prohibited by law. Section 3. Paragraph (n) of subsection (1) of section 944.09, Florida Statutes, is amended to read: 944.09 Rules of the department; offenders, probationers, and parolees.-(1) The departmen thas authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement its statutory authority. The rules must include rules relating to: HB 1301 2019 (n) Visiting hours and privileges. The rules must shall provide that:1. Except as provided in subparag raph 2., any woman inmate who has given birth up to month before being detained or sentenced or within months after being detained or sentenced be provided with visitation hours with the newborn child pursuant to s. 944.24(7)(a) and be allowed to make physical contact with her child pursuant to s. 944.24(7)(b). 2. Any inmate with a current or prior conviction for any offense contained in chapter 794, chapter 800, chapter 827, or chapter for committing or attempting to commit aggravated child abuse or committing or attempting to commit a sex act on, in the presence of, or against a child under the age of 113 years, may shall not be allowed visitation with anyone under the age of years, unless special visitation is approved by the warden. The autho rization for special visitation must shall be based on extenuating circumstances that serve the interest of the children. If visiting is restricted by court order, permission for special visitation may be granted only by the judge issuing the order. Section 4. Paragraph (e) is added to subsection (2) of section 944.611, Florida Statutes, to read: 944.611 Legislative intent.-The Legislature finds and declares that: (2) It is the intent of the Legislature that: HB 1301 2019 (e) Any woman inmate who has given bir th up to month before being detained or sentenced or within months after being detained or sentenced must be placed in and not be moved from the institution or facility nearest the permanent residence of the inmate's newborn child or the inmate's count yof commitment during the length of her term of imprisonment, unless one of the following subparagraphs applies: 1. The inmate: a. Requires specific medical or mental health treatment under ss. 945.12 and 945.43-945.45; b. Is forced to relocate due to her classification status under ss. 944.17 and 944.1905; or c. Requires access to the programs or services listed under ss. 944.473, 944.701-944.708, and 944.803. 2. The inmate's child is relocated during the inmate's detention. Section 5. Parag raph (a) of subsection (4) of section 951.23, Florida Statutes, is amended to read: 951.23 County and municipal detention facilities; definitions; administration; standards and requirements.-(4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL OFFICERS.-(a) There shall be established A five-member working group is established, which consists consisting of three persons appointed by the Florida Sheriffs Association and two persons HB 1301 2019 appointed by the Florida Association of Counties to develop model standar ds for county and municipal detention facilities. At a minimum By October 1, 1996,each sheriff and chief correctional officer shall adopt,at a minimum, the model standards with reference to: 1.a. The construction, equipping, maintenance, and operation of county and municipal detention facilities. b. The cleanliness and sanitation of county and municipal detention facilities; the number of county and municipal prisoners who may be housed therein per specified unit of floor space; the quality, quantity, and supply of bedding furnished to such prisoners; the quality, quantity, and diversity of food served to them and the manner in which it is served; the furnishing to them of medical attention and health and comfort items; and the disciplinary treatment that which may be meted out to them. Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (7). The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for HB 1301 2019 correctional facil ities. 2. The confinement of prisoners by classification and providing, whenever possible, for classifications which separate males from females, juveniles from adults, felons from misdemeanants, and those awaiting trial from those convicted and, in addi tion, providing for the separation of special risk prisoners, such as the mentally ill, alcohol or narcotic addicts, sex deviates, suicide risks, and any other classification which the local unit may deem necessary for the safety of the prisoners and the operation of the facility pursuant to degree of risk and danger criteria. Nondangerous felons may be housed with misdemeanants. 3. The rights afforded under s. 951.175 to woman inmates who have given birth up to month before being detained or sentenced or within months after being detained or sentenced. Section 6. This act shall take effect July 1, 2019.