BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1433| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1433 Author: Mitchell (D) Amended: 5/31/16 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/19/16 AYES: Hancock, Glazer, Leno, Liu, Monning NOES: Anderson NO VOTE RECORDED: Stone SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NO VOTE RECORDED: Bates, Nielsen SUBJECT: Incarcerated persons: contraceptive counseling and services SOURCE: California Correctional Health Care Services DIGEST: This bill provides state prison inmates who menstruate with improved access to birth control, as specified. ANALYSIS: Existing law: 1)Requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive SB 1433 Page 2 system and (2) birth control measures as prescribed by her physician. (Penal Code § 3409(a).) 2)Requires that each and every woman inmate shall be furnished with information and education regarding the availability of family planning services. (Penal Code § 3409(b).) 3)Requires that family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date. Upon request any woman inmate shall be furnished by the Department of Corrections and Rehabilitation (department) with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release. (Penal Code § 3409(c).) This bill: 1)Repeals Penal Code Sections 3409 and adds the following requirements: a) Any incarcerated person in state prison 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 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, as specified, unless medically contraindicated. b) Except as provided, 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 SB 1433 Page 3 Section 3440. c) The California Correctional Health Care Services (CCHCS) shall establish a formulary consisting of all FDA-approved birth control methods that shall be available to persons in this legislation. 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. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider. d) Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided 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 which contracts with the facility. Except as provided, health care providers furnishing contraceptive services shall receive training in the following areas: i) The requirements of this section. ii) Providing nondirective, unbiased, and noncoercive contraceptive counseling and services. e) 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. SB 1433 Page 4 f) 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. g) 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. 2)States that its provisions are not to be construed to limit an incarcerated person's access to any method of contraception that is prescribed or recommended for any medically indicated reason. Background According to the author: Penal Code (PC) Section 3409, which was added to law in 1972 and has not been updated since 1975, provided that incarcerated females would be allowed to continue to use birth control, among other provisions. Although existing law allows female inmates to have access to continued use of birth control, it does not specify that women who are not using birth control can have access to it upon request or can switch to a different contraception that suits their needs. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request. SB 1433 Page 5 Recently, the California Correctional Health Care Services (CCHCS) established a Women's Health Care Initiative that is responsible for ensuring that the health care needs of incarcerated females meet community standards. Among other findings, it was determined that family planning services at the California Institution for Women, the Central California Women's Facility and the newly established Folsom Women's Facility must be improved, and that the laws addressing health care needs of incarcerated females needed to be updated. SB 1433 will require the California Department of Corrections and Rehabilitation (CDCR) and the California Correctional Health Care Services (CCHCS) to provide family planning services upon request, as well as provide that these services shall be offered between 180 to 60 days prior to an individual's parole release date. This bill ensures that female inmates in state prison have access to birth control and family planning services upon request. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: State prisons: Future annual costs potentially in the range of $630,000 to in excess of $1 million (General Fund) for the CCHCS to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. The estimated costs assume 50 percent to 75 percent of eligible female inmates of reproductive age will be served. The 2016-17 Governor's Budget includes funding of $632,000 for these services. To the extent the posting of information required by this bill results in greater awareness and participation, and the provision of services is not restricted to female inmates, future costs could increase significantly above the budgeted amount. SB 1433 Page 6 SUPPORT: (Verified5/31/16) California Correctional Health Care Services (source) American Civil Liberties Union California Attorneys for Criminal Justice Legal Services for Prisoners with Children Planned Parenthood Action Fund of Santa Barbara, Ventura & San Luis Obispo Planned Parenthood Action Fund of the Pacific Southwest Planned Parenthood Northern California Action Fund Planned Parenthood Affiliates of California Planned Parenthood Advocates Pasadena and San Gabriel Valley Planned Parenthood Advocacy Project Los Angeles County Planned Parenthood Mar Monte Planned Parenthood of Orange and San Bernardino Counties OPPOSITION: (Verified5/31/16) California Right to Life Committee, Inc. California State Sheriffs' Association ARGUMENTS IN SUPPORT: According to the Planned Parenthood Action Fund of the Pacific Southwest: Currently, California's law relating to reproductive healthcare for women are outdated and do not provide for the type of comprehensive care inmates deserve. Current law provides that women who are using birth control may continue using it, however the law does not specify that women who are not using may request to begin use. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request. SB 1433 Page 7 ARGUMENTS IN OPPOSITION:According to the California Right to Life Committee, Inc. (CRLC): CRLC perceives that this bill is intended to provide Planned Parenthood access to a captive audience of inmates who are confined to detention facilities, the purpose being to expand their client base and pad their net profit. This has little to do with providing aid, or positive health care services to these women. Further, CRLC believes that the basic intended cohort of detainees to whom they wish unrestrained access are juveniles detained in Juvenile detention facilities in order to encourage these adolescent boys and girls to always choose [sic] Planned Parenthood and its services before considering other medical agencies. Planned Parenthood not only promotes itself as a major contraceptive distributing agency, but also desires to have the public think of it as a preferred and exclusive medical care provider to women and children, according to several websites. The costs to the taxpayer of providing detention services and the basic needs of health care for prisoners should not be expanded merely to accommodate family planning entities. Many inmates of both juvenile and adult detention centers are there for brief periods of time. Their time should be directed to more beneficial activities that will help them return to society and independence. Detention facilities are not maintained for the benefit of outside agencies, nor should its employees be considered to be agents for family planning sales and services. Prepared by:Jessica Devencenzi / PUB. S. / 5/31/16 21:51:57 **** END **** SB 1433 Page 8