BILL NUMBER: AB 478 CHAPTERED
BILL TEXT
CHAPTER 608
FILED WITH SECRETARY OF STATE OCTOBER 6, 2005
APPROVED BY GOVERNOR OCTOBER 6, 2005
PASSED THE ASSEMBLY SEPTEMBER 7, 2005
PASSED THE SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE SEPTEMBER 2, 2005
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN SENATE JUNE 27, 2005
AMENDED IN ASSEMBLY MAY 3, 2005
AMENDED IN ASSEMBLY APRIL 11, 2005
INTRODUCED BY Assembly Member Lieber
(Principal coauthor: Senator Alquist)
(Coauthors: Assembly Members Bass, Goldberg, Leno, and Liu)
(Coauthor: Senator Romero)
FEBRUARY 16, 2005
An act to amend Sections 3419, 3423, and 6030 of, and to add
Sections 3424 and 5007.7 to, the Penal Code, and to amend Sections
222 and 1774 of the Welfare and Institutions Code, relating to
inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 478, Lieber Female inmates and wards.
(1) Existing law provides that an inmate who gives birth after her
receipt by the Department of Corrections and Rehabilitation may be
declared eligible to participate in a community treatment program
that provides for the release of the mother and child to a public or
private facility in the community suitable to their needs.
This bill would require any community treatment program in which
such an inmate participates to include prenatal care, access to
prenatal vitamins, childbirth education, and infant care. This bill
would also require the department to establish minimum standards for
pregnant inmates who are not eligible for the program including
necessary nutrition and vitamins, information and education, and a
dental cleaning.
(2) Existing law provides that any inmate who gives birth to a
child during her term of imprisonment may be temporarily taken to a
hospital outside the prison for childbirth.
This bill would provide that pregnant inmates taken to a hospital
outside the prison shall be transported in the least restrictive way
possible. This bill would also provide that the inmate shall not be
shackled by the wrists, ankles, or both during labor, including
during transport to the hospital, during delivery, and while in
recovery after giving birth, except as specified.
(3) Existing law requires the Corrections Standards Authority to
establish minimum standards for state and local correctional
facilities, as specified.
This bill would provide that those standards shall require that
inmates who are received by the facility while they are pregnant are
provided, at a minimum, necessary nutrition and vitamins, information
and education, and a dental cleaning. This bill would also require
that these standards provide that at no time shall a woman who is in
labor be shackled by the wrists, ankles, or both, including during
transport to the hospital, during delivery, and while in recovery
after giving birth, except as specified.
(4) Existing law entitles any female in the custody of a local
juvenile facility or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, the right to summon
and receive the services of any physician and surgeon of her choice
to determine if she is pregnant, and to a determination of the
medical services needed with regard to the pregnancy.
This bill would provide that a ward who gives birth while under
the jurisdiction of the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, or a community treatment program,
has the right to prenatal care, prenatal vitamins, and childbirth
education. The bill would apply the requirements outlined in (2)
above to pregnant wards under the jurisdiction of local or state
correctional facilities.
(5) Because this bill would require local officials to provide
additional services, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3419 of the Penal Code is amended to read:
3419. (a) In the case of any inmate who gives birth after her
receipt by the Department of Corrections and Rehabilitation, the
department shall, subject to reasonable rules and regulations
promulgated pursuant to Section 3414, provide notice of, and a
written application for, the program described in this chapter, and
upon her request, declare the inmate eligible to participate in a
program pursuant to this chapter if all of the requirements of
Section 3417 are met.
(b) The notice provided by the department shall contain, but need
not be limited to, guidelines for qualification for, and the
timeframe for application to, the program and the process for
appealing a denial of admittance.
(c) Any community treatment program, in which an inmate who gives
birth after her receipt by the Department of Corrections and
Rehabilitation participates, shall include, but is not limited to,
the following:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.
SEC. 2. Section 3423 of the Penal Code is amended to read:
3423. Any woman inmate who would give birth to a child during her
term of imprisonment may be temporarily taken to a hospital outside
the prison for the purposes of childbirth, and the charge for
hospital and medical care shall be charged against the funds
allocated to the institution. The inmate shall not be shackled by the
wrists, ankles, or both during labor, including during transport to
a hospital, during delivery, and while in recovery after giving
birth, except as provided in Section 5007.7. The board shall provide
for the care of any children so born and shall pay for their care
until suitably placed, including, but not limited to, placement in a
community treatment program.
SEC. 3. Section 3424 is added to the Penal Code, to read:
3424. A woman who is pregnant during her incarceration and who is
not eligible for the program described in this chapter shall have
access to complete prenatal health care. The department shall
establish minimum standards for pregnant inmates in its custody who
are not placed in a community treatment program including all of the
following:
(a) A balanced, nutritious diet approved by a doctor.
(b) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(c) Information pertaining to childbirth education and infant
care.
(d) A dental cleaning while in a state facility.
SEC. 4. Section 5007.7 is added to the Penal Code, to read:
5007.7. Pregnant inmates temporarily taken to a hospital outside
the prison for the purposes of childbirth shall be transported in the
least restrictive way possible, consistent with the legitimate
security needs of each inmate. Upon arrival at the hospital, once the
inmate has been declared by the attending physician to be in active
labor, the inmate shall not be shackled by the wrists, ankles, or
both, unless deemed necessary for the safety and security of the
inmate, the staff, and the public.
SEC. 5. Section 6030 of the Penal Code is amended to read:
6030. (a) The Corrections Standards Authority shall establish
minimum standards for state and local correctional facilities. The
standards for state correctional facilities shall be established by
January 1, 2007. The authority shall review those standards
biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the
following: health and sanitary conditions, fire and life safety,
security, rehabilitation programs, recreation, treatment of persons
confined in state and local correctional facilities, and personnel
training.
(c) The standards shall require that at least one person on duty
at the facility is knowledgeable in the area of fire and life safety
procedures.
(d) The standards shall also include requirements relating to the
acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by
the facility while they are pregnant are provided all of the
following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(3) Information pertaining to childbirth education and infant
care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that at no time shall a woman who
is in labor be shackled by the wrists, ankles, or both including
during transport to a hospital, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
(g) In establishing minimum standards, the authority shall seek
the advice of the following:
(1) For health and sanitary conditions:
The State Department of Health Services, physicians,
psychiatrists, local public health officials, and other interested
persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested
persons.
(3) For security, rehabilitation programs, recreation, and
treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local
juvenile justice commissions, state and local correctional officials,
experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training,
psychiatrists, experts in criminology and penology, the Department of
Corrections and Rehabilitation, state and local correctional
officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and
juvenile facilities:
The California State Sheriffs' Association and Chief Probation
Officers' Association of California, and other interested persons.
SEC. 6. Section 222 of the Welfare and Institutions Code is
amended to read:
222. (a) Any female in the custody of a local juvenile facility
shall have the right to summon and receive the services of any
physician and surgeon of her choice in order to determine whether she
is pregnant. If she is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of those services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the facility shall be
borne by the female.
(b) A ward shall not be shackled by the wrists, ankles, or both
during labor, including during transport to a hospital, during
delivery, and while in recovery after giving birth, subject to the
security needs described in this section. Pregnant wards temporarily
taken to a hospital outside the facility for the purposes of
childbirth shall be transported in the least restrictive way
possible, consistent with the legitimate security needs of each ward.
Upon arrival at the hospital, once the ward has been declared by the
attending physician to be in active labor, the ward shall not be
shackled by the wrists, ankles, or both, unless deemed necessary for
the safety and security of the ward, the staff, and the public.
(c) For purposes of this section, "local juvenile facility" means
any city, county, or regional facility used for the confinement of
juveniles for more than 24 hours.
(d) The rights provided to females by this section shall be posted
in at least one conspicuous place to which all female wards have
access.
SEC. 7. Section 1774 of the Welfare and Institutions Code is
amended to read:
1774. (a) Any female who has been committed to the authority
shall have the right to summon and receive the services of any
physician and surgeon of her choice in order to determine whether she
is pregnant. The director may adopt reasonable rules and regulations
with regard to the conduct of examinations to effectuate that
determination.
(b) If she is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of those services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the facility shall be
borne by the female.
(c) A ward who gives birth while under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, or a community treatment program has the right to the
following services:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(d) A ward shall not be shackled by the wrists, ankles, or both
during labor, including during transport to a hospital, during
delivery, and while in recovery after giving birth, subject to the
security needs described in this section. Pregnant wards temporarily
taken to a hospital outside the facility for the purposes of
childbirth shall be transported in the least restrictive way
possible, consistent with the legitimate security needs of each ward.
Upon arrival at the hospital, once the ward has been declared by the
attending physician to be in active labor, the ward shall not be
shackled by the wrists, ankles, or both, unless deemed necessary for
the safety and security of the ward, the staff, and the public.
(e) Any physician providing services pursuant to this section
shall possess a current, valid, and unrevoked certificate to engage
in the practice of medicine issued pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions
Code.
(f) The rights provided to females by this section shall be posted
in at least one conspicuous place to which all female wards have
access.
SEC. 8. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.