BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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