SB 1135, as introduced, Jackson. Inmates: sterilization.
Existing law establishes a state correctional system and provides for the establishment of county jails. Existing law regulates certain aspects of medical care for inmates.
This bill would prohibit sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility, as specified. The bill would also otherwise prohibit any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation and when required for the necessary treatment of a physical medical condition if certain requirements are satisfied, including that patient consent is obtained. If a sterilization procedure is performed pursuant to these exceptions, the bill would require psychological consultation and medical followup, as specified. The bill would require the department and all county jails or other institutions of confinement to publish an annual report of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, including, but not limited to, hysterectomy and oophorectomy.
By imposing additional duties on local correctional facilities in connection with inmate medical care, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to prevent sterilization abuse of vulnerable populations, to
3ensure safeguards against sterilization abuse within the coercive
4environment of prison and jail, and to positively affirm all peoples’
5right to fully self-determine their reproductive lives free from
6coercion, violence, or threat of force.
Chapter 6 (commencing with Section 3440) is added
8to Title 2 of Part 3 of the Penal Code, to read:
9
(a) Sterilization for the purpose of birth control,
13including, but not limited to, during labor and delivery, of an
14individual under the control of the department or a county and
15imprisoned in a state prison, reentry facility, community
16correctional facility, county jail, or any other institution in which
17an individual is involuntarily confined or detained under a civil or
18criminal statute, is prohibited.
19(b) Sterilization of an individual under the control of the
20department or a county and imprisoned in a state prison, reentry
21facility, community correctional facility, county jail, or any other
22institution in which an individual is involuntarily confined or
23detained under a civil or criminal statute, through tubal
ligation,
24hysterectomy, oopherectomy, or any other means rendering an
P3 1individual permanently incapable of reproducing, is prohibited
2except in either of the following circumstances:
3(1) The procedure is required for the immediate preservation
4of the individual’s life in an emergency medical situation.
5(2) The procedure is required for the necessary treatment of a
6physical medical condition, excluding birth control, and only if
7all of the following requirements are satisfied:
8(A) Less drastic measures to address the medical need are
9nonexistent, are refused by the individual, or are first attempted
10and deemed unsuccessful.
11(B) A second physician independent
of, and not employed by,
12the department or county department overseeing the confinement
13of the individual is consulted and confirms the need for a medical
14intervention resulting in sterilization to address the medical need.
15(C) Patient consent is obtained after the individual is made aware
16of the full and permanent impact the procedure will have on his
17or her reproductive capacity, that future medical treatment while
18under the control of the department or county will not be withheld
19should the individual refuse consent to the procedure, and the side
20effects of the procedure.
21(c) If a sterilization procedure is performed pursuant to
22paragraph (1) or (2) of subdivision (b), presterilization and
23poststerilization psychological consultation and medical followup,
24including providing relevant hormone therapy to address surgical
25menopause,
shall be made available to the individual sterilized
26while under the control of the department or the county.
27(d) The department and all county jails or other institutions of
28confinement shall publish an annual report of sterilizations
29performed, disaggregated by race, age, medical justification, and
30method of sterilization, including, but not limited to, hysterectomy
31and oophorectomy.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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