BILL ANALYSIS Ó
SB 1433
Page 1
SENATE THIRD READING
SB
1433 (Mitchell)
As Amended May 31, 2016
Majority vote
SENATE VOTE: 26-8
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |16-2 |Gonzalez, Bloom, |Bigelow, Gallagher |
| | |Bonilla, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Weber, | |
| | |Wood, McCarty | |
| | | | |
| | | | |
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SB 1433
Page 2
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
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
SB 1433
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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 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
SB 1433
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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.
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 a) personal hygiene
with regard to her menstrual cycle and reproductive system and
b) birth control measures as prescribed by her physician.
2)Requires that each and every woman inmate shall be furnished
with information and education regarding the availability of
family planning services.
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
SB 1433
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(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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, potential future annual General Fund cost in the
range of $190,000 to the California Correctional Health Care
Services (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. Currently, the Budget includes funding of $632,000
for these services, which assumes 50% participation by the
female population that is of reproductive age. If this bill
results in greater awareness and thus a 30% increase in
participation, future costs could increase by $190,000, assuming
no change in the eligible population.
COMMENTS: 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."
Please see the policy committee analysis for a full discussion
of this bill.
SB 1433
Page 6
Analysis Prepared by: Gregory Pagan / PUB.
S. / (916) 319-3744 FN: 0004001