Florida Senate - 2019                              CS for SB 332
       
       
        
       By the Committee on Criminal Justice; and Senators Pizzo,
       Rodriguez, Book, Thurston, Taddeo, Farmer, Brandes, Gibson, and
       Torres
       
       
       
       591-02313-19                                           2019332c1
    1                        A bill to be entitled                      
    2         An act relating to incarcerated women; providing a
    3         short title; creating s. 944.242, F.S.; providing
    4         definitions; requiring correctional facilities to
    5         provide incarcerated women with certain health care
    6         products, subject to certain requirements; requiring a
    7         correctional facility to make health care products
    8         available in common housing areas and in medical care
    9         facilities; providing requirements for male
   10         correctional facility employees in certain
   11         circumstances; requiring documentation of certain
   12         incidents involving male correctional facility
   13         employees; requiring the correctional facility to
   14         review and retain such documentation; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Dignity for
   20  Incarcerated Women Act.”
   21         Section 2. Section 944.242, Florida Statutes, is created to
   22  read:
   23         944.242 Dignity for women in correctional facilities.—
   24         (1) DEFINITIONS.—As used in this section, the term:
   25         (a) “Correctional facility” means any part of the
   26  correctional system, any county detention facility, juvenile
   27  detention center or residential facility, temporary holding
   28  center, or other criminal detention facility operated by or on
   29  behalf of the state or any political subdivision.
   30         (b) “Correctional facility employee” means a correctional
   31  officer employed by a correctional facility.
   32         (c) “Health care products” includes the following:
   33         1. Feminine hygiene products, including tampons.
   34         2. Moisturizing soap that is not lye-based.
   35         3. Toothbrushes.
   36         4. Toothpaste.
   37         5. Any other health care product the correctional facility
   38  deems appropriate.
   39         (d) “State of undress” means not dressed or not fully
   40  dressed.
   41         (2) HEALTH CARE PRODUCTS.—A correctional facility shall
   42  make available health care products to each woman incarcerated
   43  in the facility at no cost to the woman in a quantity that is
   44  appropriate to the needs of the woman without a medical
   45  referral. A correctional facility may not require that a woman
   46  be diagnosed with an illness in order to access health care
   47  products. A correctional facility shall make health care
   48  products available in common housing areas and in medical care
   49  facilities.
   50         (3) MALE CORRECTIONAL FACILITY EMPLOYEES.—
   51         (a) A male correctional facility employee may not conduct a
   52  pat-down search or body cavity search on an incarcerated woman
   53  unless the woman presents an immediate risk of harm to herself
   54  or others and a female correctional facility employee is not
   55  available to do the search.
   56         (b) A male correctional facility employee shall announce
   57  his presence upon entering a housing unit for incarcerated
   58  women.
   59         (c) A male correctional facility employee may not enter an
   60  area of the correctional facility in which an incarcerated woman
   61  may be in a state of undress or an area where an incarcerated
   62  woman in a state of undress may be viewed, including, but not
   63  limited to, restrooms, shower areas, and medical treatment
   64  areas. If a female correctional facility employee is not
   65  available or if a female correctional facility employee requires
   66  assistance, a male correctional facility employee may enter such
   67  area only in the event of a medical emergency or if an
   68  incarcerated woman presents an immediate risk of harm to herself
   69  or others.
   70         (d) If a male correctional facility employee conducts a
   71  pat-down search or body cavity search or enters a prohibited
   72  area in an emergency situation as provided in paragraph (a) or
   73  paragraph (c), the male correctional facility employee shall
   74  document the incident, including the circumstances necessitating
   75  the male correctional facility employee’s actions, no later than
   76  3 days after the incident. The correctional facility shall
   77  review and retain all documentation.
   78         Section 3. This act shall take effect July 1, 2019.