BILL ANALYSIS Ó
AB 966
Page 1
ASSEMBLY THIRD READING
AB 966 (Bonta)
As Amended January 6, 2014
Majority vote
PUBLIC SAFETY 6-1 APPROPRIATIONS 12-4
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Ridley-Thomas, | |Bradford, |
| |Skinner, Waldron | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez |Nays:|Bigelow, Allen, Linder, |
| | | |Wagner |
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SUMMARY : Requires that the Department of Corrections and
Rehabilitation (CDCR) shall develop a five-year plan to expand
the availability of condoms in all California prisons.
EXISTING LAW :
1)Proscribes that any person who participates in an act of
sodomy with any person of any age while confined in any state
prison or local detention facility shall be punished by
imprisonment in the state prison or in a county jail for not
more than one year.
2)Provides that persons participating in an act of oral
copulation while confined in any state prison or local
detention facility shall be punished by imprisonment in the
state prison or in a county jail for a period of not more than
one year.
3)Declares that the spread of human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS) within
prison and jail populations presents a grave danger to inmates
within those populations, law enforcement personnel, and other
persons in contact with a prisoner infected with the AIDS
virus, both during and after the prisoner's confinement.
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4)Prohibits all sex acts, illegal and consensual, between
inmates.
5)Requires CDCR, contingent on the availability of funding, to
provide HIV/AIDS health and prevention information to inmates.
6)Provides that an inmate may request HIV testing of another
inmate if he or she reasonably believes that he or she has
come into contact with the other inmate's bodily fluids; the
chief medical officer will make the determination whether to
require the testing.
7)Authorizes the chief medical officer to order a test of an
inmate if he or she concludes there are clinical symptoms of
HIV/AIDS as recognized by the Centers for Disease Control and
Prevention.
8)Requires probation and parole officers be notified when an
inmate being released from incarceration is infected with
AIDS, and permits these officers to notify certain persons who
will come into contact with the parolee or probationer if
authorized by law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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.
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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
infection rate often estimated at up to 10 times higher than
the general population.)
COMMENTS : According to the author, "Sexually transmitted
disease is a tragic reality of life in prison. The HIV/AIDS
infection rate in prison is estimated to be at least 8 to 10
times higher than among the general population.
"AB 966 requires CDCR to develop a five-year plan to offer
condoms in all California prisons, giving the department wide
discretion in program development within its existing authority.
"The bill is based on the successful findings of a Solano State
Prison condom pilot project conducted in 2008. The purpose of
that pilot project was to determine the practicality and safety
of condom distribution in a state prison. The program was an
indisputable success. My office carefully drafted last year's AB
999 and this year's AB 966 based on the findings from that pilot
project. Once we had the data, the next logical step going
forward was program expansion.
"The data speaks for itself. AB 966 is a simple and sound
preventative public health policy that is evidence -based, cost
effective, informed by a highly successful pilot project, and
will save lives. Our Legislature has attempted three times in
the past to mandate condom distribution in our state prisons and
was disappointed with vetoes. AB 966 refines and retools those
other efforts and brings all stakeholders together, including
CDCR, to stand up for the vulnerable communities who are being
affected by this devastating disease."
HIV/AIDS in CDCR : According to CDCR's data, an average of 1,240
inmates are infected with HIV/AIDS in California's prisons.
CDCR estimates the cost of care for these inmates at over $18
million. Because CDCR does not require HIV testing, the true
number of infected inmates is unknown. According to the
University of California, San Francisco, the rate of HIV
infection among inmates is eight to ten times higher than among
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the general population. Various studies provided by the author
attribute this high rate to intravenous drug use prior to
incarceration. Due to the difficultly in conducting studies and
limited availability of information, the rate causes of
infection for inmates after incarceration are unknown. However,
these studies estimate that sexual activity is the leading cause
for HIV infection in prison.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002992