BILL ANALYSIS
AB 1900
Page 1
ASSEMBLY THIRD READING
AB 1900 (Skinner)
As Amended May 3, 2010
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 11-0
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, |
| |Portantino, Skinner | |Bradford, Coto, Davis, |
| | | |Hill, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
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SUMMARY : Prohibits inmates and wards in the custody of the
Department of Corrections and Rehabilitation (CDCR), CDCR's
Division of Juvenile Facilities, and local correctional and
juvenile facilities, which are known to be pregnant from being
shackled. If it is deemed necessary, the least restrictive
restraints possible must be used, consistent with legitimate
security needs. Specifically, this bill :
1)Requires that the Corrections Standards Authority (CSA)
establish standards for female inmates and wards at state and
local correctional facilities to ensure that no inmate or
ward, who is known to be pregnant, be shackled by the wrists,
ankles, or both, during transport to and from a correctional
facility, during labor and delivery, and while in recovery
from giving birth unless deemed necessary. If deemed
necessary, the least restrictive restraints possible must be
used, consistent with legitimate security needs of the inmate,
the staff, and the public.
2)Prohibits any inmate or ward, who is known to be pregnant,
from being shackled by the wrists, ankles, or both, during
transport to and from a correctional facility, during labor
and delivery, and while in recovery from giving birth unless
deemed necessary. If deemed necessary, the least restrictive
restraints possible must be used, consistent with legitimate
security needs of the inmate, the staff, and the public.
3)States legislative intent that adult and juvenile state and
local correctional and detention facilities develop policies
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Page 2
to ensure that pregnant inmates are restrained in the least
restrictive way, consistent with the legitimate security needs
of each inmate or ward.
EXISTING LAW :
1)Provides that pregnant inmates temporarily taken to the
hospital outside the prison for purposes of child-birth 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.
2)Requires CSA to establish minimum standards for state and
local correctional facilities. CSA shall review those
standards biennially and make any appropriate revisions. 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.
3)States that 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 Penal Code Section 5007.7.
4)Provides that any female prisoner 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 the prisoner 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 these services from the physician
and surgeon of her choice.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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
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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 : According to the author, "In 2005, California was the
second state to require pregnant women who are temporarily being
taken to a hospital for childbirth to be transported in the
least restrictive way possible. Since then, other states have
implemented safer measures to stop shackling pregnant women
altogether. Unfortunately, in California not all correctional
facilities have implemented policies that require officers to
use least restrictive restraints. Currently, nearly two-thirds
of county jails shackle pregnant women in ways that could cause
miscarriage or other injuries. Studies indicate that the
incidence of minor trauma, especially falls, increases as
pregnancy progresses and excessive shackling poses undue health
risks to a woman throughout her pregnancy.
"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% are pregnant
at some point in their custody. Therefore, the use of
restraints and shackles when prisoners are transported should be
re-evaluated since the passage of AB 478 (Lieber, 2005).
"Assembly Bill 1900 would require CSA to create standards for
state and local correctional facilities by January 1, 2012 to
ensure that pregnant women are restrained in the least
restrictive way when being transported. This will protect
financially strapped counties from being sued and ensure the
health and safety of pregnant incarcerated women. The bill also
establishes findings that excessive shackling significantly
limits a pregnant woman's mobility (e.g., shackling by the
ankles, across the belly, behind the woman's back, and to
another person) and can cause serious harm to the woman and her
pregnancy. To avoid threatening the health of pregnant women
and potential legal challenge, it is critical that policies are
adopted ensuring that restraints are properly used with this
vulnerable population."
Please see the policy committee for a full discussion of this
bill.
AB 1900
Page 4
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744 FN: 0004363