Amended in Senate March 24, 2014

Senate BillNo. 1135


Introduced by Senator Jackson

(Principal coauthors: Senators Anderson and Hancock)

(Principal coauthor: Assembly Member Lowenthal)

February 20, 2014


An act to add Chapter 6 (commencing with Section 3440) to Title 2 of Part 3 of the Penal Code, relating to inmates.

LEGISLATIVE COUNSEL’S DIGEST

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 situationbegin delete andend deletebegin insert orend insert 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 andbegin delete oophorectomy.end deletebegin insert oophorectomy, and to provide notification to all individuals under their custody, and to all employees who are involved in providing health care services, of their rights and responsibilities with regard to the sterilization of inmates.end insert

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:

P2    1

SECTION 1.  

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 affirmbegin insert thatend insert all
5begin delete peoples’end deletebegin insert people should have theend insert right to fully self-determine their
6reproductive lives free from coercion, violence, or threat of force.

7

SEC. 2.  

Chapter 6 (commencing with Section 3440) is added
8to Title 2 of Part 3 of the Penal Code, to read:

9 

10Chapter  6. Sterilization of Inmates
11

 

12

3440.  

(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 inbegin delete aend deletebegin insert theend insert statebegin delete prison,end deletebegin insert prison or aend insert 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 inbegin delete aend deletebegin insert theend insert statebegin delete prison,end deletebegin insert prison
21or aend insert
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,
14begin insert but authorized to provide services to individuals in the custody of,
15and to receive payment for those services from,end insert
the department or
16county department overseeing the confinement of the individual
17begin delete is consultedend deletebegin insert conducts an in-person consultationend insert 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
33confinement shallbegin delete publishend deletebegin insert do both of the following:end insert

34begin insert(1)end insertbegin insertend insertbegin insertPublishend insert an annual report of sterilizations performed,
35disaggregated by race, age, medical justification, and method of
36sterilization, including, but not limited to, hysterectomy and
37oophorectomy.

begin insert

38(2) Provide notification to all individuals under their custody
39and to all employees who are involved in providing health care
40services of their rights and responsibilities under this section.

end insert
begin insert

P4    1(e) An employee of the department or of a county jail or other
2institution of confinement who reports the sterilization of an
3individual performed in violation of this section is entitled to the
4protection available under subparagraphs (A) and (B) of
5paragraph (2) of subdivision (a) of Section 6129, or under the
6California Whistleblower Protection Act (Article 3 (commencing
7with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the
8Government Code) or the Whistleblower Protection Act (Article
910 (commencing with Section 9149.20) of Chapter 1.5 of Part 1
10of Division 2 of Title 2 of the Government Code).

end insert
11

SEC. 3.  

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.


CORRECTIONS:

Text--Page 3.




O

Corrected 3-26-14—See last page.     98