BILL ANALYSIS Ó AB 2530 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2530 (Atkins) As Amended August 9, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |75-0 |(May 21, 2012) |SENATE: |37-0 |(August 23, | | | | | | |2012) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Prohibits the shackling of inmates and wards incarcerated by the Department of Corrections and Rehabilitation (CDCR) who are known to be pregnant or in recovery after delivery, with leg irons, waist chains, or handcuffs behind the body. The Senate amendments provide that the Board of State and Community Corrections (BSCC) standards shall require that a woman known to be pregnant or in recovery after delivery, except as specified, and the BCSS shall develop standards regarding restraints at the next biennial review after enactment of this bill. EXISTING LAW : 1)Declares that pregnant inmates temporarily taken to a hospital outside the prison for purposes of childbirth shall be transported in the least restrictive way possible, consistent with the legitimate security needs of each inmate. States that, 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. 2)States that a ward shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, subject to security needs, as specified. Provides that 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. Requires that, upon AB 2530 Page 2 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. 3)Requires BSCC to establish minimum standards for state and local correctional facilities and to review those standards biennially. Provides that those standards will include, but not be limited to: 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. 4)Provides that BSCC's minimum standards must require inmates who are received by the facility while they are pregnant to be provided the following: a) A balanced, nutritious diet approved by a doctor; b) Prenatal and postpartum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor; c) Information pertaining to childbirth education and infant care; and, d) A dental cleaning while in a state facility. 5)Mandates BSCC's minimum standards to provide that at no time shall a woman in labor be shackled by the wrists, ankles, or both including during transport to a hospital, during delivery and while in recovery, except as specified. 6)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 and pregnant inmates in local adult and juvenile facilities. 7)Mandates that a female prisoner or local juvenile facility ward has 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 the prisoner is found to be pregnant, she is entitled to a determination of the extent of AB 2530 Page 3 the medical services needed by her and to the receipt of these 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 institution shall be borne by the prisoner. 8)States that a 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 that the charge for hospital and medical care shall be charged against the funds allocated to the institution; the inmate shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless deemed necessary for the safety and security of the inmate, the staff, and the public. 9)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. AS PASSED BY THE ASSEMBLY , this bill prohibited the shackling of inmates and wards incarcerated by the Department of Corrections and Rehabilitation (CDCR) who are known to be pregnant or in recovery after delivery, with leg irons, waist chains, or handcuffs behind the body. Specifically, this bill : 1)Prohibited the restraint of an inmate known to be pregnant or in recovery after delivery by use of leg irons, waist chains, or handcuffs behind the body. 2)Prohibited the restraint of an inmate who is pregnant, in labor, delivering, or recovering after delivery, by the wrists, ankles, or both, unless deemed necessary for the safety and security of the inmate, the staff, or the public. 3)Required that restraints be removed when a professional who is responsible for the pregnant inmate's medical care during a medical emergency, labor, delivery, or recovery after delivery determines the removal of restraints is medically necessary. AB 2530 Page 4 4)Provided that this bill shall not be interpreted to require restraints in a case where restraints are not required pursuant to a statute, regulation, or correctional facility policy. 5)Required that 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. 6)Defined inmate as an adult or juvenile who is incarcerated in a state or local facility. 7)Required that the BSCC, in the minimum standards for local correctional facilities, include a requirement that pregnant inmates be notified, orally or in writing, of specified rights. 8)Required that the BSCC minimum standards for local correctional facilities provide that a woman known to be pregnant or in recovery after delivery shall not be restrained, except as provided in this bill. 9)Required that the BSCC develop standards regarding the restraint of pregnant women at the next biennial review of the standards after this bill's passage, and review the individual facilities' compliance with the standards. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : According to the author, "California has the third largest population of incarcerated women in the country. Tens of thousands of women go through state prison and county jails every year and 4-7% are pregnant. While the passage of AB 478 (Lieber) in 2005 intended to limit harmful restraints on pregnant inmates during labor, surveys taken four years later showed that most facilities had not implemented policies to comply with state law. "Pregnant women are frequently shackled by the ankles, wrists, belly, behind the back, and even to other people while being transported to and from correctional facilities causing many to AB 2530 Page 5 fall. Studies indicate that the incidence of minor trauma, especially from falls, increases as pregnancy progresses and excessive shackling poses undue health risks to a woman throughout her pregnancy. "Pregnant women in correctional facilities are more likely to experience miscarriage, preeclampsia, preterm birth, and low birth-weight infants. The added stress of maneuvering with excessive restraints could lead to further complications while rendering doctors unable to treat them properly. "Federal courts recently established that prison officials are in violation of pregnant incarcerated women's rights and may be civilly liable when they act with deliberate indifference to their health and safety. Most pregnant women receive sentences of less than one year in duration, often for first-time nonviolent, nonserious offenses. Nevertheless, women as far along as eight months pregnant have been shackled in the most restrictive ways posing threats to their health and safety. To avoid threatening the health of pregnant women and potential legal challenges, it is critical that policies are adopted ensuring that restraints are properly used with this vulnerable population. "AB 2530 would prohibit the use of the most restrictive and dangerous kinds of shackling for pregnant women while clarifying that during labor, delivery or recovery certain restraints shall not be used unless deemed necessary for a safety and security purpose. It would ensure that doctors are able to treat pregnant women in emergency situations and affirms the role of the Board of Corrections in reviewing local policies for consistency with state law. This will protect counties and the state from being sued and ensure the health and safety of incarcerated women and their pregnancies. "Similar bills have twice passed the Legislature without any 'no' votes, most recently with AB 568. AB 2530 directly addresses issues raised in the AB 568 veto message by clarifying language and responsibilities." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Jesse Stout / PUB. S. / (916) 319-3744 AB 2530 Page 6 FN: 0004776