BILL NUMBER: AB 1900 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
FEBRUARY 16, 2010
An act to amend Sections 5007.7 and 6030 of, and to add Sections
3407 and 4023.7 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 1900, as introduced, Skinner. Pregnant inmates and wards: least
restrictive restraints.
Existing law requires the Corrections Standards Authority to
establish minimum standards for state and local correctional
facilities and to review those standards biennially and make any
appropriate revisions, as specified.
This bill would require that the standards, by January 1, 2012,
ensure that inmates who are pregnant are restrained in the least
restrictive way possible, consistent with the legitimate security
needs of each inmate, when being transported. The bill would also
require the authority to seek the advice of Correctional Medical
Associates and the Academy of Correctional Health Professionals when
establishing minimum standards for female inmates and pregnant
inmates in local adult and juvenile facilities.
Under existing law, pregnant inmates of the Department of
Corrections and Rehabilitation, wards of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, and
wards in the custody of a local juvenile facility, are to be
transported in the least restrictive way possible when being taken to
a hospital for purposes of childbirth.
This bill would require that inmates and wards of these facilities
who are known or suspected to be pregnant be restrained in the least
restrictive way possible, consistent with the legitimate security
needs of each inmate or ward, when transported to and from their
respective facilities.
This bill would state the intent of the Legislature that adult and
juvenile state correctional facilities and local correctional and
detention facilities shall develop policies to ensure that pregnant
inmates are restrained in the least restrictive way, consistent with
the legitimate security needs of each inmate or ward, for purposes of
transportation to and from a correctional or detention facility.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3407 is added to the Penal Code, to read:
3407. (a) The Legislature finds and declares that the health and
safety of pregnant inmates shall be a primary concern of all adult
and juvenile state correctional facilities. The Legislature further
finds and declares that using restraints that significantly limit a
pregnant inmate's mobility can cause serious and undue health risks
to the woman and her pregnancy. Potentially harmful methods of
restraint include, but are not limited to, shackling by the ankles,
across the belly and by the wrists, by the wrists behind the inmate's
back, or to another person.
(b) It is the intent of the Legislature that adult and juvenile
state correctional facilities develop policies that ensure that
inmates who are known or suspected to be pregnant are restrained in
the least restrictive way possible, consistent with the legitimate
security needs of the inmate, for purposes of transportation to and
from a correctional facility. It is the Legislature's intent that
these policies meet the minimum standards established by the
Corrections Standards Authority for the proper use of restraints on
pregnant inmates during transport, as established pursuant to Section
6030.
SEC. 2. Section 4023.7 is added to the Penal Code, to read:
4023.7. (a) The Legislature finds and declares that the health
and safety of pregnant inmates shall be a primary concern of all
adult and juvenile local correctional and detention facilities. The
Legislature further finds and declares that using restraints that
significantly limit a pregnant inmate's mobility can cause serious
and undue health risks to the woman and her pregnancy. Potentially
harmful methods of restraint include, but are not limited to,
shackling by the ankles, across the belly and by the wrists, by the
wrists behind the inmate's back, or to another person.
(b) It is the intent of the Legislature that local correctional
and detention facilities develop policies that ensure that inmates
who are known or suspected to be pregnant are restrained in the least
restrictive way possible, consistent with the legitimate security
needs of the inmate, for purposes of transportation to and from a
correctional or detention facility. It is the Legislature's intent
that these policies meet the minimum standards established by the
Corrections Standards Authority for the proper use of restraints on
pregnant inmates during transport, as established pursuant to Section
6030.
SEC. 3. Section 5007.7 of the Penal Code is amended to read:
5007.7. Pregnant (a)
Inmates who are known or suspected to be pregnant shall be
restrained in the least restrictive way possible, consistent with the
legitimate security needs of each inmate, when being transported to
and from a state correctional facility.
(b) 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. 4. 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) By January 1, 2012, the standards shall ensure that inmates
who are known or suspected to be pregnant are restrained in the least
restrictive way possible, consistent with the legitimate security
needs of each inmate, when being transported to and from a state or
local correctional facility.
(f)
(g) 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)
(h) 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
, the Chief Probation Officers' Association of California,
Correctional Medical Associates, the Academy of Correctional
Health Professionals, and other interested persons.
SEC. 5. 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) Wards who are known or suspected to be pregnant shall be
restrained in the least restrictive way p
ossible, consistent with the legitimate security needs of each ward,
when transported to and from a local juvenile facility. 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. 6. Section 1774 of the Welfare and Institutions Code is
amended to read:
1774. (a) Any female who has been committed to the
authority Department of Corrections and
Rehabilitation, Division of Juvenile Facilities 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) Wards who are known or suspected to be
pregnant shall be restrained in the least restrictive way possible,
consistent with the legitimate security needs of each ward, when
transported to and from a juvenile facility. 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. 7. 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.