BILL NUMBER: AB 1900 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2010
INTRODUCED BY Assembly Member Skinner
( Coauthors: Assembly Members
Chesbro, Bonnie Lowenthal, and Ma
)
( Coauthor: Senator Liu
)
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 amended, 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
at no time shall women who are pregnant are shackled
by the wrists, ankles, or both, except that the least restrictive
restraints possible may be used when deemed necessary for the inmate,
consistent with the legitimate security needs of the inmate, the
staff, and the public .
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 prohibit
inmates and wards of these facilities who are known or
suspected to be pregnant from being shackled by the
wrists, ankles, or both, including during transport, labor, delivery,
and recovery except when deemed necessary for the inmate or ward. If
restraints are deemed necessary during transport, this bill would
allow the person to be restrained in the least restrictive way
possible, consistent with the legitimate security needs of each
inmate or ward, the staff, and the public 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 no .
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.
SECTION 1. The Legislature finds and declares all
of the following:
(a) California has the third largest population of incarcerated
women in the country. Tens of thousands of women go through county
jails every year and an average of 4 to 7 percent are pregnant at
some point in their custody.
(b) Using restraints that significantly limit a pregnant inmate's
mobility can cause serious and undue health risks to the woman and
her pregnancy.
(c) Potentially harmful methods of restraint include, but are not
limited to, shackling by the ankles, in front of the body, across the
belly and by the wrists, by the wrists behind the inmate's back, or
to another person.
(d) To avoid threatening the health of pregnant women and
potential legal challenges, it is critical that policies are adopted
ensuring that restraints are properly used with this vulnerable
population.
(e) The health and safety of pregnant inmates shall be a primary
concern of all adult and juvenile state and local correctional and
detention facilities.
(f) To avoid threatening the health of pregnant women and
potential legal challenges, it is critical that adult and juvenile
state and local correctional and detention facilities develop
policies that ensure that inmates who are known 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.
(g) These policies must 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. SEC. 2. Section 5007.7 of
the Penal Code is amended to read:
5007.7. (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.
5007.7. (a) At no time
shall an inmate known to be pregnant be shackled by the wrists,
ankles, or both, including during any transport to and from a state
or local correctional facility, during labor, during delivery, and
while in recovery after giving birth. For p urposes of
transport to and from a state or local correctional facility,
restraints may be used on a pregnant inmate only when deemed
necessary for the inmate. In these cases, the least restrictive
restraints possible shall be used, consistent with the
legitimate security needs of each inmate, the staff, and the public.
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. SEC. 3. 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
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, transport, 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 post partum 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.
(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.
(f) The standards shall provide that at no time shall a woman
known to be pregnant be shackled by the wrists, ankles, or both,
including during any transport to and from a state or local
correctional facility, during labor, during delivery, and while in
recovery after giving birth, except as provided in Section 5007.7.
(h)
(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, the Chief
Probation Officers' Association of California, Correctional Medical
Associates, the Academy of Correctional Health Professionals, and
other interested persons. Probation Officers'
Association of California, and other interested persons.
SEC. 5. SEC. 4. 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 possible, 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.
(b) At no time shall a ward known to be
pregnant be shackled by the wrists, ank les, or both,
including during any transport to and from a local juvenile facility,
during labor, during delivery, and while in recovery after giving
birth. For purposes of transport to and from a local juvenile
facility, restraints may be used on a pregnant ward only when deemed
necessary for the ward. In these cases, the least restrictive
restraints possible shall be used, consistent with the legitimate
security needs of each ward, the staff, and the public.
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. SEC. 5. Section 1774 of the
Welfare and Institutions Code is amended to read:
1774. (a) Any female who has been committed to the 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.
(d) At no time shall a ward known to be
pregnant be shackled by the wrists, ankles, or both, including
during any transport to and from a juvenile facility, during labor,
during delivery, and while in recovery after giving birth. For
purposes of transport to and from a local juvenile facility,
restraints may be used on a pregnant ward only when deemed
necessary for the ward. In these cases, the least restrictive
restraints possible shall be used, consistent with the legitimate
security needs of each ward, the staff, and the public. 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.