BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2530
Author: Atkins (D), et al.
Amended: 5/9/12 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/26/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/21/12 - See last page for vote
SUBJECT : Shackling pregnant inmates
SOURCE : ACLU
American Congress of Obstetricians and
Gynecologists,
District IX
Legal Services for Prisoners with Children
DIGEST : This bill (1) deletes current provisions of the
Penal Code and Welfare and Institutions Code relating to
shackling of pregnant state inmates and juvenile wards and
replace them with specified new standards on shackling
these prisoners; (2) requires the Board of State and
Community Corrections (BSCC) to add its proposed new
standards for shackling pregnant inmates and wards to the
minimum standards it is currently required to establish for
local correctional facilities; (3) requires BSCC to also
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add to its minimum standards that inmates received by the
facility while they are pregnant be given oral or written
notification of specified existing health requirements.
ANALYSIS : Existing law provides that pregnant inmates
temporarily taken to the hospital outside the prison for
purposes of child-birth shall be transported in the least
restrictive way possible, consistent with the legitimate
security needs of each inmate. Upon arrival at the
hospital, once the inmate has been declared by the
attending physician to be in active labor, the inmate shall
not be shackled by the wrists, ankles, or both, unless
deemed necessary for the safety and security of the inmate,
the staff, and the public. (Penal Code § 5007.7.)
Existing law requires the Board of State and Community
Corrections (BSCC, formerly the Corrections Standards
Authority) to establish minimum standards for state and
local correctional facilities. BSCC shall review those
standards biennially and make any appropriate revisions.
The standards shall include, but not be limited to, the
following: 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. (Penal
Code § 6030(a) and (b).)
Existing law provides that the standards require inmates
who are received by the facility while they are pregnant
are provided all of the following (Penal Code § 6030(e)):
A balanced, nutritious diet approved by a doctor;
Prenatal and postpartum information and health care,
including, but not limited to, access to necessary
vitamins as recommended by a doctor;
Information pertaining to childbirth education and infant
care; and,
A dental cleaning while in a state facility.
Existing law states that the standards shall provide that
at no time shall a woman who is in labor be shackled by the
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wrists, ankles, or both including during transport to a
hospital, during delivery, and while in recovery after
giving birth, except as provided in Penal Code Section
5007.7. (Penal Code § 6030(f).)
Existing law requires BSCC to seek the advice of the
California State Sheriffs' Association, the Chief Probation
Officers' Association of California, and other interested
persons, when establishing minimum standards for female
inmates and pregnant inmates in local adult and juvenile
facilities. (Penal Code § 6030(g)(5).)
Existing law provides that any female prisoner shall have
the right to summon and receive the services of any
physician and surgeon of her choice in order to determine
whether she is pregnant. If the prisoner 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
these services from the physician and surgeon of her
choice. Any expenses occasioned by the services of a
physician and surgeon whose services are not provided by
the institution shall be borne by the prisoner. (Penal
Code§ 3406.)
Existing law states that any woman inmate who would give
birth to a child during her term of imprisonment may be
temporarily taken to a hospital outside the prison for the
purposes of childbirth, and the charge for hospital and
medical care shall be charged against the funds allocated
to the institution. (Penal Code § 3423.)
Existing law requires that any female in the custody of a
local juvenile facility, defined as any city, county, or
regional facility used for the confinement of juveniles for
more than 24 hours, shall have the right to summon and
receive the services of any 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. (Welfare and
Institutions Code §§ 222(a) and 1774(a).)
Existing law provides that a ward shall not be shackled by
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the wrists, ankles, or both during labor, including during
transport to a hospital, during delivery, and while in
recovery after giving birth, subject to the security needs
described in this section. Pregnant wards temporarily
taken to a hospital outside the facility for the purposes
of childbirth shall be transported in the least restrictive
way possible, consistent with the legitimate security needs
of each ward. Upon arrival at the hospital, once the ward
has been declared by the attending physician to be in
active labor, the ward shall not be shackled by the wrists,
ankles, or both, unless deemed necessary for the safety and
security of the ward, the staff, and the public. (Welfare
and Institutions Code §§ 222(b) and 1774(d).)
Existing law provides that mechanical restraints shall not
be placed on an adult inmate during labor, including during
transport to a hospital, during delivery, and while in
recovery after giving birth, unless circumstances exist
that require the immediate application of mechanical
restraints to avoid the imminent threat of death, escape,
or great bodily injury, and only for the period during
which such threat exists. (15 Cal. Code of Regs. §
3268.2.)
This bill deletes current provisions of the Penal Code and
Welfare and Institutions Code relating to shackling of
pregnant state inmates and juvenile wards (detailed above)
and replace them with the following new provisions:
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.
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.
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.
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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.
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.
For purposes of this section, "inmate" means an adult or
juvenile who is incarcerated in a state or local
correctional facility.
This bill requires the BSCC to add the following to the
minimum standards it is currently required to establish for
local correctional facilities:
That a woman known to be pregnant or in recovery after
delivery shall not be restrained, except as specified
above. 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.
That inmates received by the facility while they are
pregnant be given oral or written notification of
existing requirements that they receive:
o A balanced, nutritious diet approved by a doctor.
o Prenatal and postpartum information and health
care, including, but not limited to, access to
necessary vitamins as recommended by a doctor.
o Information pertaining to childbirth education and
infant care.
o A dental cleaning while in a state facility.
Background
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AB 478 (Lieber), Chapter 608, Statutes of 2005, prohibited
the shackling of pregnant prisoners in labor, during
childbirth and during recovery from childbirth and mandated
that the Corrections Standards Authority (CSA) (soon to be
known as the Board of State and Community Corrections)
establish, by January 1, 2007, minimum standards for state
prisons incorporating that prohibition. In addition, AB
478 required CSA to establish these standards for county
jails, but did not set a time deadline.
The CSA wrote the minimum standards to apply to the state
prisons. (15 Cal. Code of Regs. § 3268.2.) However,
instead of also writing the standards to apply to county
jails, the CSA instead directed each jail facility in each
county to incorporate these minimum standards into their
own facilities' policies and procedures manuals. (15 Cal.
Code of Regs. § 1029.) No deadline was established for the
counties to accomplish this directive.
According to the Legal Services for Prisoners with Children
(LSPC) report, "Stop Shackling: A report on the written
policies of California's counties on the use of restraints
on pregnant prisoners in labor" (March 2010), ÝLSPC]
reviewed all of the written policies and other
communications Ýit] received from the various counties and
found:
Thus, on the basis of our survey, we can verify that
only 17 of 58 counties (less than a third) are in
compliance with section 6030(f) four years after it
went into effect. These include San Bernardino,
Alameda and Fresno counties. The 29 non-complying
counties either have no written policy on shackling of
pregnant women in labor (13 counties, including Los
Angeles County) or their written policies do not
comply with all of the specific terms of section
6030(f) (16 counties, including San Diego, Riverside
and Santa Clara counties). For example, several
counties list section 5007.7's exceptions to section
6030's prohibition on shackling prisoners in labor,
without stating the prohibition itself, as explicitly
mandated by section 6030(f) Ý"The standards shall
provide that at no time shall a woman who is in labor
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be shackled ?"]. Some counties fail to address the
issue of shackling a woman while she is in recovery
after giving birth. (LSPC Report on file with
Committee.)
Prior Legislation
AB 568 (Skinner), which passed the Senate on 8/22/11 (37-0)
and was vetoed. The Governor's Veto Message of AB 568
stated:
At first blush, I was inclined to sign this bill
because it certainly seems inappropriate to shackle a
pregnant inmate unless absolutely necessary. However,
the language of this measure goes too far, prohibiting
not only shackling, but also the use of handcuffs or
restraints of any kind except under ill-defined
circumstances.
Let's be clear. Inmates, whether pregnant or not,
need to be transported in a manner that is safe for
them and others. The restrictive criteria set forth
in this bill go beyond what is necessary to protect
the health and dignity of pregnant inmates and will
only serve to sow confusion and invite lawsuits.
AB 1900 (Skinner), which passed the Senate on 8/23/10
(35-0), and was vetoed.
AB 478 (Lieber), Chapter 608, Statutes of 2005.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
ACLU (co-source)
American Congress of Obstetricians and Gynecologists,
District IX (co-source)
Legal Services for Prisoners with Children (co-source)
ACCESS Women's Health Justice
ACT for Women and Girls
Asian Communities for Reproductive Justice
California Attorneys for Criminal Justice
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California Catholic Conference, Inc.
California Family Health Council
California Medical Association
California National Organization for Women
California Nurses Association
California Public Defenders Association
Californians United for a Responsible Budget
Center for Elders' Independence
Center for Restorative Justice Works
Center for Young Women's Development
Critical Resistance
Directors of Public Health Nursing
Harriett Buhai Center for Family Law
Law Students for Reproductive Justice
National Association of Social Workers, California Chapter
National Center for Lesbian Rights
National Council of Jewish Women, California
National Council of Jewish Women Los Angeles
Physicians for Reproductive Choice and Health
Rainbow Services, Ltd.
Service Employees International Union, Local 1000
Women's Community Clinic
American Medical Women's Association
Drug Policy Alliance
California Latinas for Reproductive Justice
American Association of University Women - California
Latino Health Alliance
ARGUMENTS IN SUPPORT : According to the author:
Existing law prohibits shackling by the wrists and
ankles only during labor, delivery, and recovery,
which leaves women in various stages of pregnancy
vulnerable to potentially injurious falls throughout
their pregnancy. Current law also has a provision
that is sometimes unworkable in practice; it requires
a doctor to determine whether a woman is in labor
which may negate the requirement that women in labor
not be shackled during transport to the hospital for
the purposes of labor.
This bill prohibits the most dangerous forms of
restraint (leg irons, waist chains, and handcuffs
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behind the back) from being used on any incarcerated
woman known to be pregnant consistent with the
Governor's veto message on the previous bill. The
bill clarifies that women in labor are not restrained
by the wrists, ankles, or both during labor, delivery,
and recovery after delivery, including during
transport, unless deemed necessary for the safety and
security of the inmate, staff, or the public. It also
allows the removal of restraints in emergency
situations where requested by the professional
responsible for the woman's medical care.
The California Medical Association states:
Using restraints that significantly limit a pregnant
inmate's mobility, such as leg shackles, chains across
the belly or shackling wrists behind the back can
cause serious and undue health risks to the woman and
her pregnancy. The vast majority of female prisoners
or detainees incarcerated are non-violent offenders,
and shackling them greatly increases their chances for
physical harm if they trip or fall. Pregnant women
have a different center of gravity. If she trips and
falls while her ankles are shackled, chances are good
that she will not be able to restore her balance and
could suffer a terrible injury.
The American Medical Association passed a resolution
at its 2010 House of Delegates strongly condemning
this practice, calling it "a barbaric and inhumane
practice that needlessly inflicts pain and
humiliation."
ASSEMBLY FLOOR : 75-0, 05/21/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Hall, Harkey, Hayashi, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
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Monning, Morrell, Nestande, Norby, Olsen, Pan, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Fletcher, Halderman, Roger Hernández,
Nielsen, Perea
RJG:n 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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