SB 1433,
as amended, Mitchell. begin deleteInmates: family planning and hygiene. end deletebegin insertIncarcerated persons: contraceptive counseling and services.end insert
Existing law requiresbegin insert thatend insert any woman inmatebegin delete upon her requestend deletebegin insert in state prison, or any female confined in a local detention facility, as defined,end insert be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by herbegin delete physicianend deletebegin insert physician, upon her requestend insert. Existing law requires each and every
woman inmatebegin insert or female confined in a local detention facilityend insert to be furnished with information and education regarding the availability of family planning servicesbegin insert by the Department of Corrections and Rehabilitation or the county, respectivelyend insert. Existing lawbegin delete alsoend delete requires family planning services to be offered to each and every woman inmatebegin insert or female confined in a local detention facilityend insert at least 60 days prior to a scheduled release date, as specified.begin insert Existing law also requires the department or county, respectively, to
furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.end insert
This bill wouldbegin delete make technical, nonsubstantive changes to these provisions.end deletebegin insert provide that any person incarcerated in state prison or confined in a local detention facility who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that incarcerated or confined persons who are capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of
birth control at no cost. The bill would require that all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) be made available to incarcerated or confined persons who are capable of becoming pregnant, except as provided. The bill would require all contraceptive counseling and contraceptive services provided to these persons to be furnished by a licensed health care practitioner with a clinical background in reproductive health care and to be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require the department or county, respectively, to furnish incarcerated or confined persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require
each facility to post this information in conspicuous places, as specified. The bill would require contraceptive and family planning services to be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 90 days, prior to a scheduled release date. By requiring counties to provide contraception counseling, birth control, and specified information and education to persons confined in local detention facilities who menstruate or who are capable of becoming pregnant, this bill would impose a state-mandated local program.end insert
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.
end insertbegin insertThis 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.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 3409 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert
(a) Any woman inmate shall upon her request be allowed
3to continue to use materials necessary for (1) personal hygiene
4with regard to her menstrual cycle and reproductive system and
5(2) birth control measures as prescribed by her physician.
6(b) Each and every woman inmate shall be furnished by the
7department with information and education regarding the
8availability of family planning services.
9(c) Family planning services shall be offered to each and every
10woman inmate at least 60 days prior to a scheduled release date.
11Upon request any woman inmate shall be furnished by the
12department with the services of a licensed physician or she shall
13be furnished by the department or by any other agency which
14contracts with the department with services necessary to meet her
15family planning needs at the time of her release.
begin insertSection 3409 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) Any incarcerated person in state prison who
18menstruates shall, upon request, have access and be allowed to
19use materials necessary for personal hygiene with regard to their
20menstrual cycle and reproductive system. Any incarcerated person
21who is capable of becoming pregnant shall, upon request, have
22access and be allowed to obtain contraceptive counseling and
23their choice of birth control at no cost.
24
(b) (1) Except as provided in paragraph (2), all birth control
25methods and emergency contraception approved by the United
26States Food and Drug Administration (FDA) shall be made
27available to incarcerated persons who are capable of becoming
28pregnant, with the exception of sterilizing procedures prohibited
29by Section
3440.
30
(2) If a birth control method or emergency contraception has
31one or more FDA-approved therapeutic equivalents, only one
32version of that method or emergency contraception shall be
33required to be made available unless another version is specifically
34indicated by a prescribing provider.
35
(c) (1) All contraceptive counseling and contraceptive services
36provided to incarcerated persons who are capable of becoming
37pregnant shall be furnished by a licensed health care provider
38with a clinical background in reproductive health care and shall
P4 1be nondirective, unbiased, and noncoercive. These services shall
2be furnished by the department or by any other agency which
3contracts with the department. Except as provided in paragraph
4(2), health care providers furnishing contraceptive services shall
5receive training in the following areas:
6
(A) The requirements of this section.
7
(B) Providing nondirective, unbiased, and noncoercive
8contraceptive counseling and services.
9
(2) Providers who attend an orientation program for the Family
10Planning, Access, Care, and Treatment Program shall be deemed
11to have met the training requirements described in subparagraph
12(B).
13
(d) Any incarcerated person who is capable of becoming
14pregnant shall be furnished by the department with information
15and education regarding the availability of family planning services
16and their right to receive nondirective, unbiased, and noncoercive
17contraceptive counseling and services. Each facility shall post this
18information in conspicuous places to which all incarcerated
19persons who are capable of becoming pregnant have
access.
20
(e) Contraceptive counseling and family planning services shall
21be offered and made available to all incarcerated persons who
22are capable of becoming pregnant at least 60 days, but not longer
23than 90 days, prior to a scheduled release date.
24
(f) Nothing in this section shall be construed to limit an
25incarcerated person’s access to any method of contraception that
26is prescribed or recommended for any medically indicated reason.
begin insertSection 4023.5 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert
(a) Any female confined in any local detention facility
29shall upon her request be allowed to continued to use materials
30necessary for (1) personal hygiene with regard to her menstrual
31cycle and reproductive system and (2) birth control measures as
32prescribed by her physician.
33(b) Each and every female confined in any local detention
34facility shall be furnished by the county with information and
35education regarding the availability of family planning services.
36(c) Family planning services shall be offered to each and every
37woman inmate at least 60 days prior to a scheduled release date.
38Upon request any woman inmate shall be furnished by the county
39with the services of a licensed physician or she shall be furnished
40by the county or by any other agency which contracts with the
P5 1county with services necessary to meet her family planning needs
2at the time of her release.
3(d) For the purposes of this section, “local detention facility”
4means any city, county, or regional facility used for the
5confinement of any female prisoner for more than 24 hours.
begin insertSection 4023.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) Any person confined in a local detention facility
8who menstruates shall, upon request, have access and be allowed
9to use materials necessary for personal hygiene with regard to
10their menstrual cycle and reproductive system. Any person confined
11in a local detention facility who is capable of becoming pregnant
12shall, upon request, have access and be allowed to obtain
13contraceptive counseling and their choice of birth control at no
14cost.
15
(b) (1) Except as provided in paragraph (2), all birth control
16methods and emergency contraception approved by the United
17States Food and Drug Administration (FDA) shall be made
18available to persons confined in a local detention facility who are
19capable of becoming pregnant, with the
exception of sterilizing
20procedures prohibited by Section 3440.
21
(2) If a birth control method or emergency contraception has
22one or more FDA-approved therapeutic equivalents, only one
23version of that method or emergency contraception shall be
24required to be made available unless another version is specifically
25indicated by a prescribing provider.
26
(c) (1) All contraceptive counseling and provision of
27contraceptive services to persons confined in a local detention
28facility who are capable of becoming pregnant shall be furnished
29by a licensed health care provider with a clinical background in
30reproductive health care and shall be nondirective, unbiased, and
31noncoercive. These services shall be furnished by the county or
32by any other agency which contracts with the county. Except as
33provided in paragraph (2), health care providers furnishing
34contraceptive
services shall receive training in the following areas:
35
(A) The requirements of this section.
36
(B) Providing nondirective, unbiased, and noncoercive
37contraceptive counseling and services.
38
(2) Providers who attend an orientation program for the Family
39Planning, Access, Care, and Treatment Program shall be deemed
P6 1to have met the training requirements described in subparagraph
2(B).
3
(d) Any person confined in a local detention facility who is
4capable of becoming pregnant shall be furnished by the county
5with information and education regarding the availability of family
6planning services and their right to receive nondirective, unbiased,
7and noncoercive contraceptive counseling and services. Each
8facility shall post this information in conspicuous places to
which
9all persons confined in a local detention facility who are capable
10of becoming pregnant have access.
11
(e) Contraceptive counseling and family planning services shall
12be offered and made available to all persons confined in a local
13detention facility who are capable of becoming pregnant at least
1460 days, but not longer than 90 days, prior to a scheduled release
15date.
16
(f) Nothing in this section shall be construed to limit the access
17of a person who is confined in a local detention facility to any
18method of contraception that is prescribed or recommended for
19any medically indicated reason.
20
(g) For purposes of this section, “local detention facility” means
21any city, county, or regional facility used for the confinement of a
22person for more than 24 hours.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
Section 3409 of the Penal Code is amended to
29read:
(a) A woman inmate shall, upon her request, be allowed
31to continue to use materials necessary for (1) personal hygiene
32with regard to her menstrual cycle and reproductive system and
33(2) birth control measures as prescribed by her physician.
34(b) The department shall furnish a woman inmate with
35information and education regarding the availability of family
36planning services.
37(c) The department shall furnish a woman inmate with family
38planning services at least 60 days prior to her scheduled release
39date. Upon request, the
department or any other agency that
40contracts with the department shall furnish her with the services
P7 1of a licensed physician or with services necessary to meet her
2family planning needs at the time of her release.
O
98