BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1433|
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                                   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  








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            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  







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               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.








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             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.







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             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. 







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          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.









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          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  ****







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