BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1900 (Skinner)
Hearing Date: 08/02/2010 Amended: 05/18/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: AB 1900 would extend the current prohibition on
shackling pregnant inmates during labor and childbirth to also
limit the use of restraints on pregnant inmates in state prison
and juvenile wards while they are being transferred, as
specified. This bill 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.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Update CSA regulations $30
$30 General
Potential local mandate Likely very
minor, if reimbursable General
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STAFF COMMENTS:
AB 1900 would require CSA to establish new guidelines for state
and local correctional facilities, which prohibit an inmate or
ward 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.
CDCR has indicated that the cost of developing these new
regulations would be $60,000 for additional staffing of subject
expert consultants and retired annuitants. This bill does not
specify a deadline by which the new regulations must be
completed; a previous version of the bill required completion by
January 1, 2012, but the deadline was amended out. CSA is
currently required by law to establish minimum standards for
female inmates and pregnant inmates in local adult and juvenile
facilities, and CSA was directed to adopt similar regulations
for local detention facilities in 2006 and did so for state
facilities. This bill requires a small change to existing
regulations, which expressly prohibit the shackling of inmates
who are in labor, delivery, or recovery from giving birth.
This bill is unlikely to be considered a reimbursable mandate.
The provisions of the bill establish a CSA standard that
instructs local correctional facilities to refrain from
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AB 1900 (Skinner)
shackling pregnant inmates "unless deemed necessary for the
safety and security of the inmate, the staff, and the public."
Local correctional institutions have the discretion to determine
whether shackling the pregnant inmate is necessary for safety
and security
reasons, and that language is consistent with existing
regulations providing some discretion in shackling inmates who
are in labor, delivery, or recovering from giving birth;
existing regulations have not incurred mandate claims. In order
to request reimbursement, the local facility would have to prove
that it is being required to provide a higher level of service
resulting in an expense, by refraining from using shackles.
Moreover, the local entities have the discretion to decide when
using shackles is truly necessary, and use them.
Staff recommends that the bill specifically state that CSA
develop the new regulations over two years as a part of the
regulation review process, if this is the author's intent.