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