BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 966
                                                                  Page  1

          Date of Hearing:   January 23, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 966 (Bonta) - As Amended:  January 6, 2014 

          Policy Committee:                              Public  
          SafetyVote:  6-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Department of Corrections and  
          Rehabilitation (CDCR) to develop a five-year plan to make  
          condoms available in California prisons, based on CDCR's 2011  
          study and the preceding pilot program at Solano State Prison.     


           FISCAL EFFECT  

          1)Minor, likely absorbable costs to develop a plan, considering  
            the existing detailed study.

          2)While the plan does not require implementation, based on  
            CDCR's pilot and study, during which more than 800 inmates  
            were provided access to condoms via vending machines, the cost  
            of providing condom access to inmates via vending machines,  
            including condoms, machines, and staff time, would be about  
            $1.50 per inmate the first year, decreasing to about 75 cents  
            per inmate in subsequent years, once dispensers have been  
            purchased and installed. Assuming a fairly regular need to  
            replace damaged dispensers, and a modicum of additional staff  
            time to monitor and report on program progress, if condom  
            access was provided systemwide in one year, first-year costs  
            would be about $200,000, declining somewhat in subsequent  
            years. 

          3)CDCR's report assumes an annual cost of about $41,000 to treat  
            an HIV-positive inmate in state prison, meaning if a condom  
            access program prevents 10 HIV infections annually, the  
            program would pay for itself and save several hundred thousand  
            dollars. (About 1,200 inmates are HIV-positive, with an  








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            infection rate often estimated at up to 10 times higher than  
            the general population.)

           COMMENTS  

           1)Rationale  . The author contends a condom access program will  
            save lives, money and families. "Notwithstanding the supposed  
            ban on sexual activity in prison, it is no secret that inmates  
            commonly engage in sexual activity. Some of the activity is  
            consensual; some of it is forcible. But whatever the genesis  
            of the act, the fact is that prisoners with HIV/AIDS are  
            spreading the disease to others in the institution and then to  
            additional partners upon release. This is a vicious cycle of  
            disease that can be immediately improved by introducing  
            condoms in prisons." 

           2)A similar bill (AB 999, Bonta), requiring a plan but also  
            requiring implementation, was vetoed by Gov. Brown last  
            October:  

            "I am returning Assembly Bill 999 without my signature.  This  
            bill would require the California Department of Corrections  
            and Rehabilitation to develop a plan to expand the  
            availability of condoms to all California prisons. The  
            Department currently allows family visitors to bring condoms  
            for the purpose of the family overnight visitation program.  
            While expansion of the program may be warranted, the  
            Department should evaluate and implement this expansion  
            carefully and within its existing authority."

           3)The CDCR study, "Evaluation of a Prisoner Condom Access Pilot  
            Program Conducted in One California State Prison Facility"  was  
            released in September 2011 following a year-long condom access  
            pilot project at Solano State Prison. The study was the result  
            of Gov. Schwarzenegger's 2007 veto of AB 1334 (Swanson), which  
            required CDCR to allow distribution of condoms. 

            In his 2007 veto, the Gov. Schwarzenegger stated, "?the  
            provisions of this bill conflict with Penal Code Sections 286  
            (e) and 288 (e), which make sexual activity in prison  
            unlawful.  However, condom distribution in prisons is not an  
            unreasonable public policy and it is consistent with the need  
            to improve our prison healthcare system and overall public  
            health.  Local jail systems in both Los Angeles and San  
            Francisco have already implemented condom distribution  








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            programs.  Therefore, I am directing the California Department  
            of Corrections and Rehabilitation to determine the risk and  
            viability of such a program by identifying one state prison  
            facility for the purpose of allowing non-profit and health  
            agencies to distribute sexual barrier devices."
             
            In 2007, CDCR convened a task force and selected Solano State  
            Prison for the pilot project. The Center for Health Justice  
            (CHJ) provided the condom dispensing machines, condoms, and  
            staff and inmate education. Following implementation of an  
            exception to the contraband rule, CHJ made condoms available  
            (free; possession of more than one condom at a time was made a  
            rules violation) from wall-mounted dispensers (chosen based on  
            successful programs in the San Francisco jail and because of  
            minimal staffing requirements) throughout the pilot facility  
            from November 5, 2008 through November 4, 2009.
          
            CDCR and DPH evaluated the risk, feasibility, and cost of  
            providing condoms. Staff monitored the number of condoms  
            dispensed and the operability of each dispenser.  
          
            The task force/report found no evidence that providing condoms  
            posed an increased risk to safety and security or resulted in  
            injuries to staff or inmates and made the following  
            recommendation:   

            "A program to provide CDCR inmates access to condoms should be  
            initiated and incrementally expanded while continuing to  
            monitor the safety and acceptability of the program. Consider  
            conducting similar pilot studies when expanding the program to  
            other prison populations (e.g, with a higher security level or  
            in a mental health treatment housing unit). Prisons should  
            locate dispensers in discreet areas and consider providing  
            condoms confidentially through medical staff or in a medical  
            clinic."
           
          4)Custody Staff and Inmate Concerns.  Custody staff questioned  
            how to reconcile the illegality of sex in prison with  
            providing condoms, and the potential for misusing condoms to  
            conceal contraband and to gas guards.  

            Inmates worried about perceptions that condoms condones sex  
            among inmates, that inmates would be judged as gay and  
            therefore negatively judged by family and friends, and the  
            possibility of being written up for rule violations. 








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            According to the task force report, by the end of the pilot,  
            both staff and inmate concerns appeared to diminish, based on  
            input from inmate and custody staff representatives. 

          5)Current law  .

             a)   Prohibits all sex acts, illegal and consensual, between  
               inmates, and makes sodomy and oral copulation in prison an  
               alternate felony/misdemeanor.  

             b)   Requires CDCR, contingent on funding, to provide  
               HIV/AIDS health and prevention information to inmates.  
              
           6)There is no registered opposition to this bill. 
           


           Analysis Prepared by :    Geoff Long / APPR. / (916) 319-2081