BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1334|
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THIRD READING
Bill No: AB 1334
Author: Swanson (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 7/3/07
AYES: Romero, Cedillo, Ridley-Thomas
NOES: Cogdill, Margett
SENATE APPROPRIATIONS COMMITTEE : 10-7, 8/30/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Battin, Dutton, Runner,
Wyland
ASSEMBLY FLOOR : 42-36, 6/6/07 - See last page for vote
SUBJECT : Condom distribution to state and local
prisoners
SOURCE : Conference of Delegates of California Bar
Associations
AIDS Project Los Angeles
Southern California HIV Advocacy Coalition
DIGEST : This bill requires that the Director of the
Department of Corrections and Rehabilitation allow any
nonprofit or public health care agency to distribute sexual
barrier protection devices such as condoms and dental dams
to inmates, as specified.
CONTINUED
AB 1334
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ANALYSIS : Under existing law, the Secretary of the
Department of Corrections and Rehabilitation (CDCR) is
vested with the supervision, management and control of the
state prisons and is responsible for the care, custody,
treatment, training, discipline and employment of a person
confined in those prisons. The Director may prescribe
rules and regulations for the administration of the
prisons.
Existing law:
1.Declares that the spread of HIV/AIDS within prison and
jail populations presents a grave danger to inmates
within those populations, law enforcement personnel, and
other persons in contact with a prisoner infected with
the AIDS virus, both during and after the prisoner's
confinement.
2.Prohibits all sex acts, illegal and consensual, between
inmates.
3.Requires CDCR, contingent on the availability of funding,
to provide HIV/AIDS health and prevention information to
inmates.
4.Provides that a law enforcement employee, custodial
staff, or an inmate may request HIV testing with another
inmate if he or she reasonably believes that he or he has
come into contact with the other inmate's bodily fluids.
Provides that the chief medical officer will make the
determination whether to require the testing.
5.Authorizes the chief medical officer to order a test of
an inmate if he or she concludes there are clinical
symptoms of HIV/AIDS, as recognized by the Centers for
Disease Control and Prevention.
6.Requires probation and parole officers be notified when
an inmate being released from incarceration is infected
with AIDS, and permits these officers to notify certain
persons who will come into contact with the parolee or
probationer, if authorized by law.
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7.Requires CDCR to pay for medical costs, including those
associated with HIV/AIDS infections.
This bill:
1.Requires CDCR to allow any non-profit or public health
agency to distribute sexual barrier devices such as
condoms and dental dams to inmates.
2.Establishes that the distribution of those devices is not
a crime and does not encourage sexual acts between
inmates.
3.Provides that any agency that distributes these devices
shall be subject to all relevant laws and regulations
regarding visitors to correctional facilities.
4.Provides that possession of those devices cannot be used
as evidence of illegal activity for purposes of
administrative sanctions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09
2009-10 Fund
Disposal unit installation $175
$244$244 General
and maintenance
SUPPORT : (Verified 8/30/07)
Conference of Delegates of California Bar Association
(co-source)
AIDS Project Los Angeles (co-source)
Southern California HIV Advocacy Coalition (co-source)
AIDS Services Foundation Orange County
AIDS Healthcare Foundation
AltaMed Health Services
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American Academy of HIV Medicine
American Civil Liberties Union
American College of Obstetricians and Gynecologists,
District IX (California)
BIENESTAR Human Services, Inc.
California Commission on the Status of Women
California State Conference of the National Association for
the Advancement of Colored People
City of Los Angeles
Friends Committee on Legislation
Health Officers Association of California
Lambda Letters Project
Los Angeles County HIV Drug and Alcohol Task Force
Planned Parenthood Shasta-Diablo
Planned Parenthood Affiliates of California
San Francisco AIDS Foundation
Sheriff of San Francisco
Alameda County Board of Supervisors
California Medical Association
OPPOSITION : (Verified 8/30/07)
California Correctional Supervisors Organization
California Family Council
ARGUMENTS IN SUPPORT : The American College of
Obstetricians and Gynecologists states, "AB 1334 allows
sexual barrier devices such as condoms to be distributed in
prisons, and states possession of a condom in prison will
not be evidence of illegal activity. This is particularly
important due to the health impact on women. Women are
being infected when their partners return from
incarceration infected. Particularly hard hit amongst
women are African-American and Latinas.
"We need to acknowledge the reality of sexual activity in
prison and act to prevent HIV infections that are spread
through the activity. ACOG-IX (California) supports the
recognition that this means condoms should be available to
incarcerated individuals."
AIDS Healthcare Foundation (AHF) states, "As the largest
HIV specialized primary care provider in the nation with
the largest prevention and testing program in California
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and an HIV testing program in L.A. County jails, AHF
recognizes correctional facilities as one of many fronts in
the battle against HIV and AIDS. This measure authorizing
the director of the state department of Corrections and
Rehabilitation to allow county health departments and
health care organizations to distribute prophylactics and
dental dams to the incarcerated is a major step in the
fight against HIV transmission not just among prison
inmates but the communities to which they are paroled. As
everyone is aware statistics show that the percentage of
new cases of HIV among Latinas and African-American women
exceed their percentage in the general population.
Disproportionate representation of communities of color in
the inmate population and the higher rates of HIV infection
make this proposal an essential tool in implementing a good
public health policy regarding HIV and other sexually
transmitted diseases."
ARGUMENTS IN OPPOSITION : The California Correctional
Supervisors Organization (CCSO) states, "Despite the fact
that this bill states that the distribution of sexual
barrier protection devices shall not be deemed to encourage
sexual acts between inmates, a prudent person would believe
the opposite. However, CCSO's main concern is the security
problems that these devices will enhance. A popular way to
smuggle illegal drugs from one place to another in the
institutions are in balloons that are secreted in the
rectums of inmates. Fortunately, balloons are hard to get,
but to supply these devices would solve the drug smugglers
problems and create security problems for the prisons. If
the inmates would abstain from illegal sex within the
prisons, there would be no health concerns."
ASSEMBLY FLOOR :
AYES: Bass, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes, Hancock,
Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,
Laird, Leno, Levine, Lieber, Ma, Mendoza, Mullin, Nava,
Portantino, Price, Richardson, Ruskin, Saldana, Solorio,
Swanson, Torrico, Wolk, Nunez
NOES: Adams, Aghazarian, Anderson, Arambula, Benoit,
Berryhill, Blakeslee, Cook, DeVore, Duvall, Emmerson,
AB 1334
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Fuller, Gaines, Galgiani, Garcia, Garrick, Horton,
Houston, Huff, Jeffries, Keene, La Malfa, Lieu, Maze,
Nakanishi, Niello, Parra, Plescia, Sharon Runner, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Salas, Soto
RJG:cm 8/31/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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