BILL ANALYSIS
AB 1900
Page 1
Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1900 (Skinner) - As Amended: May 3, 2010
Policy Committee: Public Safety
Vote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires pregnant state and local inmates and wards be
restrained in the least restrictive way possible, consistent
with security needs, when transported to and from detention
facilities.
This bill also requires the Corrections Standards Authority
(CSA) to establish minimum standards for state and local
correctional facilities to ensure that inmates or wards known to
be pregnant are never shackled by the wrists, ankles, or both,
during labor, deliver, recovery or during transport to or from a
state or local correctional facility, unless specific security
needs dictate otherwise.
FISCAL EFFECT
Minor, presumably absorbable, costs to CSA to develop
regulations regarding issues CSA has considerable familiarity
with, considering CSA was directed to adopt similar regulations
for local detention facilities in 2006 and did so for state
facilities.
In that this bill does not require local detention facilities to
provide additional services, beyond not shackling pregnant
inmates, any mandate exposure should be minimal.
COMMENTS
1)Rationale . The author's intent is to require the adoption of
regulations for local detention facilities regarding the
restraint of pregnant inmates and wards. The author contends
AB 1900
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that while state facilities are largely in compliance with
regulations adopted pursuant to AB 478 (Lieber), Statutes of
2005, regulations for local facilities were never adopted,
resulting in disparities between counties.
2)Current Law :
a) Specifies that pregnant prison inmates be transported in
the least restrictive way possible when transported to and
from a prison, consistent with security needs. Upon arrival
at the hospital, once the inmate is in active labor and
recovery, the inmate shall not be shackled by the wrists or
ankles, unless deemed necessary for safety and security.
b) Requires CSA to establish minimum standards for state
and local correctional facilities, including that a woman
in active labor not be shackled by the wrists or ankles
during transport to a hospital, during delivery, and while
in recovery, unless necessary for safety and security.
c) Specifies a juvenile ward shall not be shackled by the
wrists or ankles during labor, including during transport
to a hospital, during delivery, and while in recovery after
giving birth, subject to the security needs. 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. Upon arrival at the hospital,
once in active labor, the ward shall not be shackled by the
wrists or ankles, unless deemed necessary for the safety
and security.
3)Suggested Amendment - Commas and Clauses . Though the author's
intent is to prevent shackling while a pregnant inmate in
transit or in labor or recovery, the sentence structure
throughout the bill seems to prohibit shackling a pregnant
inmate at any time. The author may wish to clarify the intent
of this language.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081