Amended in Senate May 31, 2016

Amended in Senate April 7, 2016

Amended in Senate March 30, 2016

Senate Bill No. 1433

Introduced by Senator Mitchell

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(Coauthor: Assembly Member Cristina Garcia)

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February 19, 2016

An act begin delete to repeal Section 4023.5 of, and end delete to repeal and add Section 3409 of the Penal Code, relating to incarcerated persons.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete or a local detention facility, as defined, end delete 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 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 begin insert the end insert California Correctional Health Care Services begin delete or the local detention facility end delete 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 begin delete institution. end delete begin insert facility. end insert 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 begin delete or confined end delete persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date. begin delete By requiring city, county, or regional facilities 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 delete

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 3409 of the Penal Code is repealed.

SEC. 2.  

Section 3409 is added to the Penal Code, to read:

3409.  

(a) Any incarcerated person in state prison begin delete or a local
detention facility end delete who menstruates shall, upon request, have access
and be allowed to use materials necessary for personal hygiene
with regard to their menstrual cycle and reproductive system. Any
incarcerated person begin insert in state prison end insert who is capable of becoming
pregnant shall, upon request, have access and be allowed to obtain
contraceptive counseling and their choice of birth control methods,
subject to the provisions of subdivision (b), unless medically
contraindicated.

(b) (1)   Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United
States Food and Drug Administration (FDA) shall be made
available to incarcerated persons who are capable of becoming
pregnant, with the exception of sterilizing procedures prohibited
by Section 3440.

(2)  begin insert The end insert California Correctional Health Care Services begin delete or the
local detention facility end delete shall establish a formulary begin delete consisting end delete begin insert that
consists end insert of all FDA-approved birth control methods begin insert and end insert that shall
be available to persons specified in subdivision (a). 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 begin delete institution. end delete begin insert facility. end insert Persons shall have access to
nonprescription birth control methods without the requirement to
see a licensed health care provider.

(c) (1)   Any contraceptive service that requires a prescription,
or any contraceptive counseling, provided to incarcerated persons
who are capable of becoming begin delete pregnant provided, end delete begin insert pregnant, end insert shall
be furnished by a licensed health care provider who has been
provided begin insert with end insert training in reproductive health care and shall be
nondirective, unbiased, and noncoercive. These services shall be
furnished by the facility or by any other agency begin delete which end delete begin insert that end insert
contracts with the facility. Except as provided in paragraph (2),
health care providers furnishing contraceptive services shall receive
training in the following areas:

(A) The requirements of this section.

(B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.

(2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed
to have met the training requirements described in paragraph (1).

(d) Any incarcerated person who is capable of becoming
pregnant shall be furnished by the facility with information and
education regarding the availability of family planning services
and their right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. Each facility shall post this
information in conspicuous places to which all incarcerated persons
who are capable of becoming pregnant have access.

(e) Contraceptive counseling and family planning services shall
be offered and made available to all incarcerated persons who are
capable of becoming pregnant at least 60 days, but not longer than
180 days, prior to a scheduled release date.

(f) Nothing in this section shall be construed to limit an
incarcerated person’s access to any method of contraception that
is prescribed or recommended for any medically indicated reason.

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(g) For purposes of this section, “local detention facility” means
any city, county, or regional facility used for the confinement of
a person for more than 24 hours.

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SEC. 3.  

Section 4023.5 of the Penal Code is repealed.

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SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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