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, 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.begin insert The bill would require the department, if a sterilization procedure is performed on one or more individuals under its control, to annually publish on its Internet Web site data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization. The bill would require each county jail or other institution of confinement, if a sterilization procedure is performed on one or more individuals under its control, to annually submit to the Board of State and Community Corrections data related to the number of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, and would require the board to annually publish that data on its Internet Web site.end insert The bill would require the department and all county jails or other institutions of
confinementbegin delete to publish an annual report of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, andend delete 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:
(a) Sterilization for the purpose of birth control,
4including, but not limited to, during labor and delivery, of an
5individual under the control of the department or a county and
6imprisoned in the state prison or a reentry facility, community
7correctional facility, county jail, or any other institution in which
8an individual is involuntarily confined or detained under a civil or
9criminal statute, is prohibited.
10(b) Sterilization of an individual under the control of the
11department or a county and imprisoned in the state prison or a
12reentry facility, community correctional facility, county jail, or
13any other institution in which an individual is
involuntarily
14confined or detained under a civil or criminal statute, through tubal
15ligation, hysterectomy, oophorectomy, salpingectomy, or any other
16means rendering an individual permanently incapable of
17reproducing, is prohibited except in either of the following
18circumstances:
19(1) The procedure is required for the immediate preservation
20of the individual’s life in an emergency medical situation.
21(2) The sterilizing procedure is medically necessary, as
22determined by contemporary standards of evidence-based medicine,
23to treat a diagnosed condition, and all of the following requirements
24are satisfied:
25(A) Less invasive measures to address the medical need
are
26nonexistent, are refused by the individual, or are first attempted
27and deemed unsuccessful by the individual, in consultation with
28his or her medical provider.
29(B) A second physician independent of, and not employed by,
30
but authorized to provide services to individuals in the custody of,
31and to receive payment for those services from, the department or
32county department overseeing the confinement of the individual
33conducts an in-person consultation with the individual and confirms
34the need for a medical intervention resulting in sterilization to
35address the medical need.
36(C) Patient consent is obtained after the individual is made aware
37of the full and permanent impact the procedure will have on his
38or her reproductive capacity, that future medical treatment while
39under the control of the department or county will not be withheld
P4 1should the individual refuse consent to the procedure, and the side
2effects of the procedure.
3(c) If a
sterilization procedure is performed pursuant to
4paragraph (1) or (2) of subdivision (b), presterilization and
5poststerilization psychological consultation and medical followup,
6including providing relevant hormone therapy to address surgical
7menopause, shall be made available to the individual sterilized
8while under the control of the department or the county.
9(d) begin insert(1)end insertbegin insert end insertThe departmentbegin delete and all county jails or other institutions begin insert
shall, if a
10of confinement shall do both of the following:end delete
11sterilization procedure is performed on one or more individuals
12under its control, annually publish on its Internet Web site data
13related to the number of sterilizations performed, disaggregated
14by race, age, medical justification, and method of sterilization.end insert
15(1) Publish an annual report of
end delete
16begin insert(2)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertbegin insertEach county jail or other institution of confinement
17shall, if a sterilization procedure is performed on one or more
18individuals under its control, annually submit to the Board of
State
19and Community Corrections data related to the number ofend insert
20 sterilizations performed, disaggregated by race, age, medical
21justification, and method of
sterilization.
22(2) Provide
end delete
23(B) The Board of State and Community Corrections shall
24annually publish the data received pursuant to subparagraph (A)
25on its Internet Web site.
26begin insert(e)end insertbegin insert end insertbegin insertThe department and all county jails or other institutions of
27confinement shall provideend insert notification to all individuals under their
28custody and to all employees who are
involved in providing health
29care services of their rights and responsibilities under this section.
30(e)
end delete
31begin insert(f)end insert An employee of the department or of a county jail or other
32institution of confinement who reports the sterilization of an
33individual performed in violation of this section is entitled to the
34protection available under subparagraphs (A) and (B) of paragraph
35(2) of subdivision (a) of Section 6129, or under the California
36Whistleblower Protection Act (Article 3 (commencing with Section
378547) of Chapter 6.5 of Division 1 of Title 2 of the Government
38Code) or the Whistleblower Protection Act (Article
10
39(commencing with Section 9149.20) of Chapter 1.5 of Part 1 of
40Division 2 of Title 2 of the Government Code).
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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