BILL ANALYSIS Ó
AB 2530
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2530 (Atkins)
As Amended August 9, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 21, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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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
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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
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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.
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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
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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
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FN: 0004776