BILL NUMBER: AB 2530	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members Atkins, Mitchell, and Skinner

                        FEBRUARY 24, 2012

   An act to amend Section 6030 of, to add Section 3407 to, and to
repeal Section 5007.7 of, the Penal Code, and to amend Sections 222
and 1774 of the Welfare and Institutions Code, relating to inmates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2530, as amended, Atkins. Inmates in labor.
   (1) Existing law requires that a female inmate have the right to
summon and receive the services of a physician and surgeon of her
choice in order to determine whether she is pregnant and, if
determined to be pregnant, is entitled to receive needed medical
services, as specified. Existing law requires the posting of these
rights in a conspicuous place to which all female inmates have
access. Additionally, existing law requires pregnant inmates who are
transported to a hospital outside the prison for the purpose of
childbirth to be transported in the least restrictive way possible
and, upon arrival at the hospital, prohibits shackling by the wrists,
ankles, or both, unless deemed necessary for safety, when the inmate
is in active labor as determined by the attending physician.
   This bill would prohibit  an   a pregnant
 inmate  who is known to be pregnant or   ,
as defined, in labor,  in recovery  , or  after
delivery, from being restrained by the use of leg irons, waist
chains, or handcuffs behind the body. The bill would prohibit, in
these circumstances, restraint by the wrists, ankles, or both, unless
deemed necessary for the safety and security of the inmate, the
staff, or the public. The bill would require the standards
established by the Board of State and Community Corrections to
require that pregnant inmates to be advised, orally or in writing, of
standards and policies governing pregnant inmates.
   (2) Existing law requires the Board of State and Community
Corrections to establish minimum standards for local correctional
facilities, which include standards governing pregnant inmates.
   This bill would require the board, at the next biennial meeting
after the enactment of this measure, to adopt standards regarding the
restraint of pregnant women and to review local facilities'
compliance.
   (3) Existing law requires that a female ward of the juvenile court
or a female who has been committed to the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, who is pregnant,
have the right to summon a physician and surgeon of her choice to
determine if she is pregnant and to receive medically necessary care
if she is found to be pregnant, as specified. Existing law prohibits
a pregnant ward or pregnant juvenile inmate from being shackled by
the wrists, ankles, or both, while in labor, requires pregnant
inmates who are transported to a hospital outside the facility for
the purpose of childbirth to be transported in the least restrictive
way possible, and prohibits shackling by the wrists, ankles, or both,
unless deemed necessary for safety, when the female is in active
labor.
   This bill would prohibit a ward who is known to be pregnant or in
recovery after delivery from being restrained by the use of leg
irons, waist chains, or handcuffs behind the body, including while
being transported to a hospital outside the facility. The bill would
prohibit, in these circumstances, restraint by the wrists, ankles, or
both, unless deemed necessary for the safety and security of the
inmate, the staff, or the public.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3407 is added to the Penal Code, to read:
   3407.  (a) An inmate known to be pregnant or in recovery after
delivery shall not be restrained by the use of leg irons, waist
chains, or handcuffs behind the body.
   (b) A pregnant inmate  ,  in labor, during
delivery, or in recovery after delivery, shall not be restrained by
the wrists, ankles, or both, unless deemed necessary for the safety
and security of the inmate, the staff, or the public.
   (c) Restraints shall be removed when a professional who is
currently responsible for the medical care of a pregnant inmate
during a medical emergency, labor, delivery, or recovery after
delivery determines that the removal of restraints is medically
necessary.
   (d) This section shall not be interpreted to require restraints in
a case where restraints are not required pursuant to a statute,
regulation, or correctional facility policy.
   (e) Upon confirmation of an inmate's pregnancy, she shall be
advised, orally or in writing, of the standards and policies
governing pregnant inmates, including, but not limited to, the
provisions of this chapter, the relevant regulations, and the
correctional facility policies. 
   (f) For purposes of this section, "inmate" means an adult or
juvenile who is incarcerated in a state or local correctional
facility.
  SEC. 2.  Section 5007.7 of the Penal Code is repealed.
  SEC. 3.  Section 6030 of the Penal Code, as amended by Section 34
of Chapter 36 of the Statutes of 2011, is amended to read:
   6030.  (a) The Board of State and Community Corrections shall
establish minimum standards for local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The board shall review those standards biennially
and make any appropriate revisions.
   (b) The standards shall include, but not be limited to, the
following areas: health and sanitary conditions, fire and life
safety, security, rehabilitation programs, recreation, treatment of
persons confined in state and local correctional facilities, and
personnel training.
   (c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
   (d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
   (e) The standards shall require that inmates who are received by
the facility while they are pregnant be notified, orally or in
writing, of and provided all of the following:
   (1) A balanced, nutritious diet approved by a doctor.
   (2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
   (3) Information pertaining to childbirth education and infant
care.
   (4) A dental cleaning while in a state facility.
   (f) The standards shall provide that a woman known to be pregnant
or in recovery after delivery shall not be restrained, except as
provided in Section 3407. The board shall develop standards regarding
the restraint of pregnant women at the next biennial review of the
standards after the enactment of the act amending this subdivision
and shall review the individual facilities' compliance with the
standards.
   (g) In establishing minimum standards, the board shall seek the
advice of the following:
   (1) For health and sanitary conditions:
   The State Department of Public Health, physicians, psychiatrists,
local public health officials, and other interested persons.
   (2) For fire and life safety:
   The State Fire Marshal, local fire officials, and other interested
persons.
   (3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
   The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
   (4) For personnel training:
   The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
   (5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
   The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
  SEC. 4.  Section 222 of the Welfare and Institutions Code is
amended to read:
   222.  (a) A female in the custody of a local juvenile facility
shall have the right to summon and receive the services of a
physician and surgeon of her choice in order to determine whether she
is pregnant. If she is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of those services from the physician and surgeon of
her choice. Expenses occasioned by the services of a physician and
surgeon whose services are not provided by the facility shall be
borne by the female.
   (b) A ward who is known to be pregnant or in recovery from
delivery shall not be restrained except as provided in Section 3407
of the Penal Code.
   (c) For purposes of this section, "local juvenile facility" means
a city, county, or regional facility used for the confinement of
juveniles for more than 24 hours.
   (d) The rights provided to females by this section shall be posted
in at least one conspicuous place to which all female wards have
access.
  SEC. 5.  Section 1774 of the Welfare and Institutions Code is
amended to read:
   1774.  (a) A female who has been committed to the Division of
Juvenile Facilities shall have the right to summon and receive the
services of a physician and surgeon of her choice in order to
determine whether she is pregnant. The director may adopt reasonable
rules and regulations with regard to the conduct of examinations to
effectuate that determination.
   (b) If she is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of those services from the physician and surgeon of
her choice. Expenses occasioned by the services of a physician and
surgeon whose services are not provided by the facility shall be
borne by the female.
   (c) A ward who gives birth while under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, or a community treatment program has the right to the
following services:
   (1) Prenatal care.
   (2) Access to prenatal vitamins.
   (3) Childbirth education.
   (d) A ward who is known to be pregnant or in recovery after
delivery shall not be restrained except as provided by Section 3407
of the Penal Code.
   (e) A physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
   (f) The rights provided to females by this section shall be posted
in at least one conspicuous place to which all female wards have
access.