BILL NUMBER: AB 1900	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 11, 2010
	AMENDED IN ASSEMBLY  MAY 18, 2010
	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 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  , including standards restricting the shackling of
women in labor, during childbirth, and while in recovery after giving
birth,  and to review those standards biennially and make any
appropriate revisions, as specified.
   This bill would require that the standards ensure that women who
are pregnant shall not be shackled by the wrists, ankles, or both
 ,  during any transport,  and 
during labor,  during  delivery,  or  
and while in  recovery after  giving  birth, 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.  The
bill would require the authority to develop these standards regarding
the shackling of pregnant women as part of its biennial review of
its standards. 
   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 prohibit inmates and wards of these facilities who
are known to be pregnant from being shackled by the wrists, ankles,
or both  ,  during any transport,  and
 during labor,  during  delivery, and  while in
 recovery  after giving birth,  unless deemed
necessary for the safety and security of the inmate  or ward
 , the staff, and the public. If restraints are deemed necessary
during labor, delivery, recovery after birth, or 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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  of the Penal Code  .
  SEC. 2.  Section 5007.7 of the Penal Code is amended to read:
   5007.7.   (a)    An inmate known
to be pregnant shall not be shackled by the wrists, ankles, or both
during any transport to and from a state or local correctional
facility, including, but not limited to  ,  transport to and
from a hospital or courthouse, during labor, during delivery, and
while in recovery after giving birth, unless deemed necessary for the
safety and security of the inmate, the staff, and the public. In
cases where restraints are deemed necessary, 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. 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, 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) The standards shall provide that a woman known to be pregnant
shall not be shackled by the wrists, ankles, or both  ,
 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.
For purposes of this section, transportation to and from a state or
local correctional facility includes, but is not limited to,
transport  ,  to and from a hospital or courthouse.
 The authority shall develop new standards regarding the
shackling of pregnant women pursuant to the amendments made to this
subdivision in the 2009-10 Regular Session as part of its biennial
review of the standards established   pursuant to this
section. 
   (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, and other interested persons.
  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)  A ward known to be pregnant shall not be shackled by the
wrists, ankles, or both during any transport to and from a local
juvenile facility, including, but  is  not limited
to, transport to and from a hospital or courthouse, during labor,
during delivery, and while in recovery after giving birth, unless
deemed necessary for the safety and security of the ward, the staff,
and the public. In cases where restraints are deemed necessary, 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. 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) A ward known to be pregnant shall not be shackled by the
wrists, ankles, or both during any transport to and from a juvenile
facility, including, but  is  not limited to,
transport to and from a hospital or courthouse, during labor, during
delivery, and while in recovery after giving birth, unless deemed
necessary for the safety and security of the ward, the staff, and the
public. In cases where restraints are deemed necessary, 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.