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 or when medically necessary,begin delete excluding for the purpose of
birth control,end delete as determined by contemporary standards of evidence-based medicine, to treat a diagnosed condition and 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,begin delete including, but not limited to, hysterectomy and oophorectomy,end delete 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.
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 that all
5people should have the 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:
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 the state prison or a 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.
P3 1(b) Sterilization of an individual under the control of the
2department or a county and imprisoned in the state prison or a
3reentry facility, community correctional facility, county jail, or
4any other institution in which an individual is
involuntarily
5confined or detained under a civil or criminal statute, through tubal
6ligation, hysterectomy, oophorectomy,begin insert salpingectomy,end insert or any other
7means rendering an individual permanently incapable of
8reproducing, is prohibited except in either of the following
9circumstances:
10(1) The procedure is required for the immediate preservation
11of the individual’s life in an emergency medical situation.
12(2) The sterilizing procedure is
medically necessary,begin delete excluding as determined by contemporary
13for the purpose of birth control,end delete
14standards of evidence-based medicine, to treat a diagnosed
15condition, and all of the following requirements are satisfied:
16(A) Less invasive measures to address the medical need are
17nonexistent, are refused by the individual, or are first attempted
18and deemed unsuccessful by the individual, in consultation with
19his or her medical provider.
20(B) A second physician independent of, and not employed by,
21
but authorized to provide services to individuals in the custody of,
22and to receive payment for those services from, the department or
23county department overseeing the confinement of the individual
24conducts an in-person consultation with the individual and confirms
25the need for a medical intervention resulting in sterilization to
26address the medical need.
27(C) Patient consent is obtained after the individual is made aware
28of the full and permanent impact the procedure will have on his
29or her reproductive capacity, that future medical treatment while
30under the control of the department or county will not be withheld
31should the individual refuse consent to the procedure, and the side
32effects of the procedure.
33(c) If a
sterilization procedure is performed pursuant to
34paragraph (1) or (2) of subdivision (b), presterilization and
35poststerilization psychological consultation and medical followup,
36including providing relevant hormone therapy to address surgical
37menopause, shall be made available to the individual sterilized
38while under the control of the department or the county.
39(d) The department and all county jails or other institutions of
40confinement shall do both of the following:
P4 1(1) Publish an annual report of sterilizations performed,
2disaggregated by race, age, medical justification, and method of
3begin delete sterilization, including, but not limited to, hysterectomy and begin insert
sterilization.end insert
4oophorectomy. end delete
5(2) Provide notification to all individuals under their custody
6and to all employees who are involved in providing health care
7services of their rights and responsibilities under this section.
8(e) An employee of the department or of a county jail or other
9institution of confinement who reports the sterilization of an
10individual performed in violation of this section is entitled to the
11protection available under subparagraphs (A) and (B) of paragraph
12(2) of subdivision (a) of Section 6129, or under the California
13Whistleblower Protection Act (Article 3 (commencing with Section
148547) of Chapter 6.5 of Division 1 of Title 2 of the Government
15Code) or the Whistleblower Protection Act (Article 10
16(commencing with Section 9149.20) of
Chapter 1.5 of Part 1 of
17Division 2 of Title 2 of the Government Code).
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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