SB 1433, as amended, Mitchell. Incarcerated persons: contraceptive counseling and services.
Existing law requires that any woman inmate in state prison, or any female confined in a local detention facility, as defined, 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 her physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. 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.
This bill would provide that any person incarcerated in state prison orbegin delete confined inend delete a local detentionbegin delete facilityend deletebegin insert facility, as defined,end insert 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.begin delete 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.end deletebegin insert The bill would provide that any incarcerated person who is capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of birth control method, as specified, unless medically contraindicated. The bill would require that all birth control methods approved by the United States Food and Drug Administration (FDA) be made available to incarcerated persons who are capable of becoming pregnant, except as provided, and would require California Correctional Health Care Services or the local detention facility to establish a formulary that
consists of all of these birth control methods. The bill would provide that if a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. The bill would require incarcerated persons to have access to nonprescription birth control methods without the requirement to see a licensed health care provider. The bill would require that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons capable of becoming pregnant, be furnished by a licensed health care provider who has been provided with training in reproductive health care and be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require a facility to
furnish incarcerated 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 that contraceptive and family planning services be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.end insert By requiringbegin delete countiesend deletebegin insert city, county, or regional facilitiesend insert 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.
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:
Section 3409 of the Penal Code is repealed.
Section 3409 is added to the Penal Code, to read:
(a) Any incarcerated person in state prison who
4menstruates shall, upon request, have access and be allowed to use
P4 1materials necessary for personal hygiene with regard to their
2menstrual cycle and reproductive system. Any incarcerated person
3who is capable of becoming pregnant shall, upon request, have
4access and be allowed to obtain contraceptive counseling and their
5choice of birth control at no cost.
6(b) (1) Except as provided in paragraph (2), all birth control
7methods and emergency contraception approved by the United
8States Food and Drug Administration (FDA) shall be made
9available to incarcerated persons who are capable of becoming
10pregnant, with the exception of sterilizing procedures prohibited
11by Section
3440.
12(2) If a birth control method or emergency contraception has
13one or more FDA-approved therapeutic equivalents, only one
14version of that method or emergency contraception shall be
15required to be made available unless another version is specifically
16indicated by a prescribing provider.
17(c) (1) All contraceptive counseling and contraceptive services
18provided to incarcerated persons who are capable of becoming
19pregnant shall be furnished by a licensed health care provider with
20a clinical background in reproductive health care and shall be
21nondirective, unbiased, and noncoercive. These services shall be
22furnished by the department or by any other agency which contracts
23with the department. Except as provided in paragraph (2), health
24care providers furnishing contraceptive services shall receive
25training in the following areas:
26(A) The requirements of this section.
27(B) Providing nondirective, unbiased, and noncoercive
28contraceptive counseling and services.
29(2) Providers who attend an orientation program for the Family
30Planning, Access, Care, and Treatment Program shall be deemed
31to have met the training requirements described in subparagraph
32(B).
33(d) Any incarcerated person who is capable of becoming
34pregnant shall be furnished by the department with information
35and education regarding the availability of family planning services
36and their right to receive nondirective, unbiased, and noncoercive
37contraceptive counseling and services. Each facility shall post this
38information in conspicuous places to which all incarcerated persons
39who are capable of becoming pregnant have
access.
P5 1(e) Contraceptive counseling and family planning services shall
2be offered and made available to all incarcerated persons who are
3capable of becoming pregnant at least 60 days, but not longer than
490 days, prior to a scheduled release date.
5(f) Nothing in this section shall be construed to limit an
6incarcerated person’s access to any method of contraception that
7is prescribed or recommended for any medically indicated reason.
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 or a local
10detention facility who menstruates shall, upon request, have access
11and be allowed to use materials necessary for personal hygiene
12with regard to their menstrual cycle and reproductive system. Any
13incarcerated person who is capable of becoming pregnant shall,
14upon request, have access and be allowed to obtain contraceptive
15counseling and their choice of birth control methods, subject to
16the provisions of subdivision (b), unless medically contraindicated.
17
(b) (1) Except as provided in paragraph (2), all birth control
18methods and emergency contraception approved by the United
19States Food and Drug Administration (FDA) shall be made
20available to incarcerated persons
who are capable of becoming
21pregnant, with the exception of sterilizing procedures prohibited
22by Section 3440.
23
(2) California Correctional Health Care Services or the local
24detention facility shall establish a formulary consisting of all
25FDA-approved birth control methods that shall be available to
26persons specified in subdivision (a). If a birth control method has
27more than one FDA-approved therapeutic equivalent, only one
28version of that method shall be required to be made available,
29unless another version is specifically indicated by a prescribing
30provider and approved by the chief medical physician at the
31institution. Persons shall have access to nonprescription birth
32control methods without the requirement to see a licensed health
33care provider.
34
(c) (1) Any contraceptive service that requires a prescription,
35or any
contraceptive counseling, provided to incarcerated persons
36who are capable of becoming pregnant provided, shall be furnished
37by a licensed health care provider who has been provided training
38in reproductive health care and shall be nondirective, unbiased,
39and noncoercive. These services shall be furnished by the facility
40or by any other agency which contracts with the facility. Except
P6 1as provided in paragraph (2), health care providers furnishing
2contraceptive services shall receive training in the following areas:
3
(A) The requirements of this section.
4
(B) Providing nondirective, unbiased, and noncoercive
5contraceptive counseling and services.
6
(2) Providers who attend an orientation program for the Family
7Planning, Access, Care, and Treatment
Program shall be deemed
8to have met the training requirements described in paragraph (1).
9
(d) Any incarcerated person who is capable of becoming
10pregnant shall be furnished by the facility with information and
11education regarding the availability of family planning services
12and their right to receive nondirective, unbiased, and noncoercive
13contraceptive counseling and services. Each facility shall post this
14information in conspicuous places to which all incarcerated
15persons who are capable of becoming pregnant have access.
16
(e) Contraceptive counseling and family planning services shall
17be offered and made available to all incarcerated persons who
18are capable of becoming pregnant at least 60 days, but not longer
19than 180 days, prior to a scheduled release date.
20
(f) Nothing in this section shall be construed to limit an
21incarcerated person’s access to any method of contraception that
22is prescribed or recommended for any medically indicated reason.
23
(g) For purposes of this section, “local detention facility” means
24any city, county, or regional facility used for the confinement of a
25person for more than 24 hours.
Section 4023.5 of the Penal Code is repealed.
Section 4023.5 is added to the Penal Code, to read:
(a) Any person confined in a local detention facility
29who menstruates shall, upon request, have access and be allowed
30to use materials necessary for personal hygiene with regard to their
31menstrual cycle and reproductive system. Any person confined in
32a local detention facility who is capable of becoming pregnant
33shall, upon request, have access and be allowed to obtain
34contraceptive counseling and their choice of birth control at no
35cost.
36(b) (1) Except as provided in paragraph (2), all birth control
37methods and emergency contraception approved by the United
38States Food and Drug Administration (FDA) shall be made
39available to persons confined in a local detention facility who are
P7 1capable of becoming pregnant, with the
exception of sterilizing
2procedures prohibited by Section 3440.
3(2) If a birth control method or emergency contraception has
4one or more FDA-approved therapeutic equivalents, only one
5version of that method or emergency contraception shall be
6required to be made available unless another version is specifically
7indicated by a prescribing provider.
8(c) (1) All contraceptive counseling and provision of
9contraceptive services to persons confined in a local detention
10facility who are capable of becoming pregnant shall be furnished
11by a licensed health care provider with a clinical background in
12reproductive health care and shall be nondirective, unbiased, and
13noncoercive. These services shall be furnished by the county or
14by any other agency which contracts with the county. Except as
15provided in paragraph (2), health care providers furnishing
16contraceptive
services shall receive training in the following areas:
17(A) The requirements of this section.
18(B) Providing nondirective, unbiased, and noncoercive
19contraceptive counseling and services.
20(2) Providers who attend an orientation program for the Family
21Planning, Access, Care, and Treatment Program shall be deemed
22to have met the training requirements described in subparagraph
23(B).
24(d) Any person confined in a local detention facility who is
25capable of becoming pregnant shall be furnished by the county
26with information and education regarding the availability of family
27planning services and their right to receive nondirective, unbiased,
28and noncoercive contraceptive counseling and services. Each
29facility shall post this information in conspicuous places to
which
30all persons confined in a local detention facility who are capable
31of becoming pregnant have access.
32(e) Contraceptive counseling and family planning services shall
33be offered and made available to all persons confined in a local
34detention facility who are capable of becoming pregnant at least
3560 days, but not longer than 90 days, prior to a scheduled release
36date.
37(f) Nothing in this section shall be construed to limit the access
38of a person who is confined in a local detention facility to any
39method of contraception that is prescribed or recommended for
40any medically indicated reason.
P8 1(g) For purposes of this section, “local detention facility” means
2any city, county, or regional facility used for the confinement of
3a person for more than 24 hours.
If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.
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