BILL ANALYSIS
AB 1334
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Date of Hearing: April 25, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 1334 (Swanson) - As Introduced: February 23, 2007
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the California Department of Corrections and
Rehabilitation (CDCR) to allow any non-profit or public health
agency to distribute condoms and dental dams to inmates. This
bill also:
1)States that condom distribution is not a crime and does not
encourage sexual acts between inmates.
2)Specifies that possession of those devices cannot be used as
evidence of illegal activity for administrative sanctions.
3)Requires CDC to develop a plan for the disposal of condoms
that protects the anonymity of inmates and the health of
correctional officers.
FISCAL EFFECT
1)Unknown onetime GF costs, likely in excess of $150,000, for
sanitary condom disposal. Based on 33 prisons, and more than
700 inmate housing units, if each housing unit had a special
secure refuse container, presumably one that locks, with a
weekly change of liner, the one-time equipment cost would
exceed $150,000.
2)In addition, there would be ongoing costs in the range of
$100,000 for refuse collection and container maintenance and
repair.
3)Unknown ongoing GF savings, likely more than offsetting the
costs of this measure, to the extent providing condoms
AB 1334
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prevents HIV transmission, thereby reducing CDCR medical costs
and Medi-Cal costs once inmates are released from parole.
COMMENTS
1)Rationale . The author contends HIV transmission in prison
constitutes a public health crisis that requires practical
solutions.
Based on state prison HIV prevalence estimates of 1.5% to 2%,
some 3,000 state inmates are HIV positive. HIV infection rates
in prison are five to 10 times higher than in the general
population due to IV drug use prior to incarceration, and
dirty tattoo needles and sexual activity subsequent to
incarceration.
2)Current regulations prohibit all sex acts , illegal and
consensual, between inmates, and current law requires CDC,
contingent on funding, to provide HIV/AIDS health and
prevention information to inmates.
3)Similar bill vetoed last year . AB 1677 (Koretz), which was
similar to AB 1334, was vetoed. In his veto message, the
governor stated he was unable to sign the bill because AB 1677
would conflict with PC Section 286(e) and 288(e), which make
sodomy or oral copulation while in prison a crime.
AB 1334 amends those two sections to specify that the sections
do not prohibit the provision of sexual barrier protection
devices.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081