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
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