BILL ANALYSIS Ó SB 1433 Page 1 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 SB 1433 Page 2 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 SB 1433 Page 3 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. SB 1433 Page 4 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 SB 1433 Page 5 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: SB 1433 Page 6 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 SB 1433 Page 7 None Analysis Prepared by:Gregory Pagan / PUB. S. / (916) 319-3744