SB 1135, as amended, 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
begin delete andend delete 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 begin delete oophorectomy.end delete
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
begin delete peoples’end delete right to fully self-determine their
6reproductive lives free from coercion, 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:
(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
begin delete aend delete state begin delete prison,end delete reentry facility,
16community correctional facility, county jail, or any other institution
17in which an individual is involuntarily confined or detained under
18a civil or criminal statute, is prohibited.
19(b) Sterilization of an individual under the control of the
20department or a county and imprisoned in
begin delete aend delete state begin delete prison,end delete reentry facility, community correctional facility, county jail,
22or any other institution in which an individual is involuntarily
P3 1confined or detained under a civil or criminal statute, through tubal
2ligation, hysterectomy, oophorectomy, or any other means
3rendering an individual permanently incapable of reproducing, is
4prohibited except in either of the following circumstances:
5(1) The procedure is required for the immediate preservation
6of the individual’s life in an emergency medical situation.
7(2) The procedure is required for the necessary treatment of a
8physical medical condition, excluding birth control, and only if
9all of the following requirements are satisfied:
10(A) Less drastic measures to address the medical need are
11nonexistent, are refused by the individual, or are first attempted
12and deemed unsuccessful.
13(B) A second physician independent of, and not employed by,
14 the department or
16county department overseeing the confinement of the individual
begin delete is consultedend delete and confirms the
18need for a medical intervention resulting in sterilization to address
19the medical need.
20(C) Patient consent is obtained after the individual is made aware
21of the full and permanent impact the procedure will have on his
22or her reproductive capacity, that future medical treatment while
23under the control of the department or county will not be withheld
24should the individual refuse consent to the procedure, and the side
25effects of the procedure.
26(c) If a sterilization procedure is performed pursuant to
27paragraph (1) or (2) of subdivision (b), presterilization and
28poststerilization psychological consultation and medical followup,
29including providing relevant hormone therapy to address surgical
30menopause, shall be made available to the individual sterilized
31while under the control of the department or the county.
32(d) The department and all county jails or other institutions of
begin delete publishend delete
34 an annual report of sterilizations performed,
35disaggregated by race, age, medical justification, and method of
36sterilization, including, but not limited to, hysterectomy and
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
Corrected 3-26-14—See last page. 98