BILL NUMBER: AB 999 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 22, 2013
An act to add Chapter 10.9 (commencing with Section 6500) to
Title 7 of Part 3 of the Penal Code, relating to prison
inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 999, as amended, Bonta. Inmates: pilot project.
Prisoner Protections for Family and Community Health
Act.
Under existing law, the Secretary of the Department of Corrections
and Rehabilitation is responsible for the administration of the
state prisons. Existing law makes it a crime to engage in sodomy
while incarcerated in a state prison and existing regulation
prohibits inmates from participating in illegal sexual acts.
This bill would require the department to develop a 5-year plan to
extend the availability of condoms in all California prisons. The
bill would require, commencing January 1, 2015, that no less than 5
prisons be incorporated into the program each year, and would require
a comprehensive plan including every prison in the state by the
final year. The bill would make related findings and declarations.
This bill would declare the intent of the Legislature to enact
legislation to expand a successful pilot program that was established
at California State Prison, Solano.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10.9 (commencing with Section
6500) is added to Title 7 of Part 3 of the Penal Code
, to read:
CHAPTER 10.9. PRISONER PROTECTIONS FOR FAMILY AND COMMUNITY
HEALTH ACT
6500. This act shall be known, and may be cited, as the Prisoner
Protections for Family and Community Health Act.
6501. The Legislature finds and declares all of the following:
(a) Assembly Bill 1334 of the 2007--08 Regular Session would have
required the Department of Corrections and Rehabilitation to allow
nonprofits and health agencies to enter department institutions to
provide sexual barrier protection devices such as condoms to state
prisoners.
(b) In his October 14, 2007, veto message, Governor Arnold
Schwarzenegger noted that, although it is illegal to engage in sexual
activity while incarcerated, providing access to condoms is
"consistent with the need to improve our prison healthcare system and
overall public health."
(c) The veto message directed the department to determine the risk
and viability of such a program by identifying one state prison
facility for the purpose of allowing nonprofits and health agencies
to distribute sexual barrier devices.
(d) To accomplish the Governor's directive, a pilot program was
implemented in Solano State Prison, Facility II, for one year, from
November 5, 2008, through November 4, 2009. Several agencies covered
all costs and volunteered their staff time and expertise.
(e) The Center for Health Justice, a nonprofit organization,
purchased the condom dispensing machines and condoms, monitored and
refilled the dispensers throughout the pilot period, and provided
education for staff and inmates.
(f) Researchers from the Division of Correctional Health Care
Services, Public Health Unit; the State Department of Public Health,
Office of AIDS, and the Sexually Transmitted Disease Control Branch
provided evaluation services and finalized their conclusions in a
September 2011 report entitled: Evaluation of a Prisoner Condom
Access Pilot Program Conducted in One California State Prison
Facility.
(g) The report concluded that there was no evidence that the
availability of condoms created an increased risk of breaches of
safety or security, or resulted in injury to staff or inmates in a
general population prison facility setting.
(h) The report also stated that its findings may not be
generalizable to other settings, for example, because of higher
security or in a setting dedicated to inmates with mental health
problems. Additional pilot studies may be warranted in these other
settings.
(i) The report concluded that providing condoms from dispensing
machines similar to those used in the pilot program is feasible and
of relatively low cost to implement and maintain.
(j) Estimates of the in-prison HIV and STD transmission rates are
not available. However, given the relatively low cost of providing
condoms relative to the cost of treating HIV, and that very few HIV
infections would need to be prevented to cover the costs of the
program, it is likely that providing condoms could reduce department
medical costs.
6502. (a) Based on the recommendations contained in the
"Evaluation of a Prisoner Condom Access Pilot Program Conducted in
One California State Prison Facility" report, and in light of the
successful pilot project conducted at California State Prison,
Solano, the Department of Corrections and Rehabilitation shall
develop a five-year plan to expand the availability of condoms in all
California prisons.
(b) Commencing January 1, 2015, no less than five prisons, as
determined by the department, shall be incorporated into the program
each year, with the final year yielding a comprehensive plan that
includes every prison in the state.
(c) In developing the plan, the department shall consider all of
the following recommendations that were made in the report:
(1) Initiate and incrementally expand a program to provide inmates
with access to condoms while continuing to monitor the safety and
acceptability of the program.
(2) Consider additional pilot studies in settings that may pose a
serious health or safety risk, for example, higher security
facilities or housing for inmates with serious mental health
problems.
(3) Mount dispensers in discreet locations to provide confidential
access and increase accessibility by minimizing inoperability due to
vandalism. Dispensers with solid steel construction and protected
locks are available that are more tamper resistant than those used in
the pilot study.
(4) Consider making condoms available confidentially upon request
during a medical or mental health visit, in addition to dispensing
machines.
(5) Provide information to staff and inmates describing findings
from the current study demonstrating that safety and security were
not impacted by the distribution of condoms.
(6) Include inmate peer educators, inmates', Men's, and Women's
advisory counsels, and medical, public health, and custody staff in
local institutional condom program planning and implementation.
SECTION 1. It is the intent of the Legislature
to enact legislation to expand a successful pilot program that was
established at California State Prison, Solano.