BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1433


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          Date of Hearing:  June 28, 2016


          Chief Counsel:     Gregory Pagan








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1433 (Mitchell) - As Amended May 31, 2016





          SUMMARY:  Provides that any incarcerated person in the state  
          prison who menstruates shall, upon request, have improved access  
          to personal hygiene materials, and contraceptive services, as  
          specified.  Specifically, this bill:  




          1)Provides that 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  








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            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.



          2)States that, 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  
            law.



          3)Requires the California Correctional Health Care Services  
            (CCHCS) to 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.



          4)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 non-coercive. These services shall  
            be furnished by the facility or by any other agency which  
            contracts with the facility. Except as provided, health care  








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            providers furnishing contraceptive services shall receive  
            training in the following areas:



             a)   The requirements of this section; and,



             b)   Providing nondirective, unbiased, and non-coercive  
               contraceptive counseling and services.





          5)States that 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.



          6)Provides that 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 non-coercive 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.



          7)Requires contraceptive counseling and family planning services  
            to 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.










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          8)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.

          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  
            system and (2) birth control measures as prescribed by her  
            physician.  (Pen. Code, § 3049, subd. (a).) 


          2)Requires that each and every woman inmate shall be furnished  
            with information and education regarding the availability of  
            family planning services. (Pen. Code, § 3409, subd. (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.  
            (Pen. Code, § 3409 subd. (c).)



          FISCAL EFFECT:  Unknown












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          COMMENTS:  



          1)Author's Statement:  According to the author, "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. Additionally, this bill acknowledges the fact  
            that there are many medical uses for birth control besides  
            preventing pregnancy such as regulating menstrual periods,  
            relieving severe cramps, and treating endometriosis. SB 1433  
            will ensure that the health care needs of incarcerated women  
            are improved by providing adequate family planning services  
            upon request and prior to their release date.

          2)Argument 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."





          REGISTERED SUPPORT / OPPOSITION:










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          Support


          


          California Attorneys for Criminal Justice


          Community Action Fund of Planned Parenthood of Orange and San  
          Bernardino County


          Friends Committee on Legislation


          Planned Parenthood Action Fund of the Pacific Southwest


          Planned Parenthood Advocacy Project of Los Angeles County


          Planned Parenthood Advocates Pasadena and San Gabriel Valley


          Planned Parenthood Affiliates of California


          Planned Parenthood of Northern California Action Fund





          Opposition









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          None





          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744