BILL ANALYSIS
AB 148
Page 1
Date of Hearing: January 17, 2008
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 148 (Lieber) - As Amended: January 15, 2008
SUMMARY : Requires the Department of Corrections and
Rehabilitation (CDCR) to prioritize implementation of the
provisions of the settlement in Perez vs. Tilton in all
institutions that house female inmates. Female offenders who
are otherwise eligible for placement in community correctional
facilities but whose placement is delayed because of unresolved
dental problems shall receive priority for dental care.
EXISTING LAW :
1)Authorizes the CDCR Director to establish community
correctional centers to provide housing, supervision,
counseling, and other services for specified inmates. The
Director is authorized to place the centers in counties or
cities under specified procedures and to contract with
appropriate public or private agencies to provide housing,
sustenance, and supervision for inmates eligible for such
placement in community correctional centers. The CDCR shall
reimburse such agencies for their services. (Penal Code
Sections 6250 to 6258.1.)
2)Creates the "Pregnant and Parenting Women's Alternative
Sentencing Act" designed to place women who are pregnant or
have children under the age of six with substance abuse
problems in community alternative sentencing programs. (Penal
Code Section 1174 to 1174.9.)
3)Requires the CDCR to establish and implement the Community
Prisoner Mother Program for women sentenced to state prison
who have one or more children under the age of six, and
requires one of CDCR's prime concerns to be establishing a
safe and wholesome environment for the participating children.
(Penal Code Section 3411.)
4)Requires the CDCR to be guided by the need to provide programs
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geared to assure the stability of the parent-child
relationship during and after participation in the program.
(Penal Code Section 3412.)
5)Provides that if any woman received by or committed to CDCR
has a child under six years of age or gives birth to a child
while under CDCR's jurisdiction, the child and his or her
mother shall, upon her request, be admitted to and retained in
a community treatment program established by CDCR. (Penal
Code Section 3416.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's statement : According to the author, "The Perez v.
Tilton lawsuit was brought against CDCR in 2005 due to the
severely unmet dental needs of inmates. The plaintiff, Carlos
Perez, an inmate at Salinas Valley Prison, brought the action
on behalf of him and all similarly situated persons. The suit
alleged that dental care provided to inmates was
constitutionally inadequate. The provisions of the settlement
stipulated that dental care be provided to all inmates that
met at least the minimal level of dental care necessary to
fulfill CDCR's obligations under the Eight Amendment of the
United States Constitution. Implementation of these
provisions began in 2007, but only in institutions that house
men.
"Twenty male institutions are scheduled to receive
implementation of the provisions of the settlement before the
first women's institution receives the constitutionally
adequate dental care. Implementation of the settlement
provisions is not slated to begin in women's institutions
until 2009. Unfortunately, inmates who are non-serious,
non-violent offenders and who would under normal circumstances
be eligible for community placement are forced to remain in
traditional institutions if they have any unmet dental needs.
"Programs like the mother-infant program and the Family
Foundations Program offer non-serious, non-violent female
offenders the opportunity to serve their sentences in a
therapeutic environment with their children. These programs
offer comprehensive rehabilitative services that are not
available in the traditional institutions and that aid women
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in acquiring the treatment and skills that they need in order
to become better parents and productive members of their
communities. Some women have resorted to having all of their
teeth extracted so that they can be placed in the
mother-infant program in order to bond with their newborns.
"Women are the primary caretakers of their minor children, and
represent a large proportion of inmates who are considered
non-serious and non-violent. Considering this, it is
unfortunate that CDCR has chosen to prioritize the dental
treatment of men before that of women, despite the documented
benefits that women receive by serving their sentences in
their communities and close to their children and families.
2)Perez vs. Tilton : The Prison Law Office filed a class action
lawsuit against CDCR in December 2005 on grounds that its
failure to provide adequate dental care was a violation of the
inmates' Eighth Amendment right against cruel and unusual
punishment. The United States District Court for the Northern
District mandated CDCR implement policies and procedures to
provide all state inmates with the dental care
constitutionally required by the Eighth Amendment. The court
stated, among other things,
"CDCR shall implement the Health Care Services Division Dental
Policies and Procedures, according to the Implementation Plan.
Defendants shall make all reasonable efforts to secure the
funding necessary to implement the Policies and Procedures.
The Policies and Procedures are designed to meet at least the
minimum level of dental care necessary to fulfill Defendants'
obligations under the Eighth Amendment of the U.S.
Constitution. The Implementation Plan is designed to
implement the Policies and Procedures in an efficient manner.
It is the intent of this Stipulation to require CDCR to
provide only the minimum level of dental care required under
the Eighth Amendment.
"Nothing in this Stipulation shall be construed to require more
of the Defendants than is necessary under the Eighth
Amendment. Disputes whether Defendants' Policies and
Procedures satisfy their obligations under the Eighth
Amendment shall be resolved using the dispute resolution
procedures. CDCR shall develop policies and procedures and
make all reasonable efforts to secure necessary funding,
complete necessary construction, hire and train necessary
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dental personnel and audit compliance with the Policies and
Procedures according to the Implementation Plan. [ Perez vs.
Tilton (2006) CASE NO. C-05-5241 JSW.]
The order also requires dental emergency care to be available 24
hours per day, seven days per week, that inmates must have
access to fluoridated toothpaste or toothpowder and
inter-dental cleaners, and that CDCR develop computerized
tracking of requests for dental treatment. Compliance is
monitored by both the plaintiffs' counsel and other designated
court experts.
The provisions of this bill state CDCR shall prioritize
implementation of Perez vs. Tilton in facilities that house
female inmates. Under the Perez ruling, the implementation
order for specified women's prisons is between July 1, 2008
and December 31, 2011 depending on the facility. The Central
California Women's Facility, the California Institution for
Women and the Valley State Prison for Women are mandated to be
in compliance with Perez as early as July 1, 2008 but no later
than December 31, 2010. This bill also states women who may
be placed in community correctional facilities and who have
been delayed due to unresolved dental issues shall be given
priority in receiving dental care. It is unclear whether this
bill is designed to work within the time confines established
by Perez or if this bill escalates the time frame specified in
Perez . However, the Perez order does state that defendant,
CDCR, may modify the implementation procedure at any time, as
long as the constitutional remedy remains.
3)Arguments in Support :
a) According to Taxpayers for Improving Public Safety ,
"Because of massive prison overcrowding and the shortage of
professional medical and dental staff, female inmates who
would otherwise seek release delay parole because of a lack
of access to dental services. At the California
Institutions for Women, an inmate who had been incarcerated
for three years and was preparing for parole was denied
dentures because she could be released in nine months.
This female inmate had only one incisor in her mouth. But
for our intervention, she would have rejected parole
because she would have left with no dentures if paroled and
would have become a burden upon county public health care
if she was even able to obtain the necessary attention to
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obtain dentures. This is but one example of the horrible
decision many female inmates face, i.e., seeking parole or
waiting to receive adequate dental care with the knowledge
of how difficult it will be to obtain such services outside
prison. At a time when the Governor is advocating the
early release of the incarcerated without a safety net to
assure that the parolees have a low rate of recidivism,
this bill is one shining example of a foundation to
increase the rate of successful parole."
b) According to the Commission on the Status of Women ,
"This bill would require the CDCR to prioritize
implementation of the provisions of the settlement in Perez
v. Tilton in correctional facilities housing women. This
bill would also prioritize dental care for incarcerated
women who are eligible for placement in community
facilities but whose placement is delayed because of
unresolved dental care.
"Women with dental problems who are eligible for community
facilities should not be penalized because the dental work
they need has not been appropriately completed by CDCR
staff. Giving these women priority for completion would
allow them to move forward in a productive manner with
their rehabilitation and provide them with a more positive
image of themselves."
4)Related Legislation :
a) AB 76 (Lieber), Chapter 706, Statutes of 2007,
authorizes the CDCR Director to establish and operate
facilities, "community correctional center[s]". The
Director may enter into a long-term agreement, not to
exceed 20 years, for transfer of prisoners to, or placement
of prisoners in, community correctional centers.
b) SB 943 (Machado), Chapter 228, Statutes of 2007,
authorizes funding for the design and construction of a
central health facility at San Quentin State Prison by
means of a state-issued revenue bond.
REGISTERED SUPPORT / OPPOSITION :
Support
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Commission on the Status of Women
Taxpayers for Improving Public Safety
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744