BILL NUMBER: AB 568	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 16, 2011

   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 568, as introduced, 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, around the
abdomen, or to another person, including during time spent outside a
state or local correctional facility, during transport to or from a
correctional facility, during labor, delivery, 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,
around the abdomen, or to another person, unless deemed necessary for
the safety and security of the inmate or ward, the staff, and the
public. If restraints are deemed necessary, this bill would require
the least restrictive means be used, consistent with the legitimate
security needs of each inmate or ward. The bill would provide that
these provisions are applicable to movement within the correctional
facility, transport to and from the facility, time spent outside the
facility to receive medical or dental care, to attend court, or other
appointments.
   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.
   (b) The health and safety of pregnant inmates shall be a primary
concern of all adult and juvenile state and local correctional and
detention facilities.
   (c) Using restraints that significantly limit a pregnant inmate's
mobility can cause serious and undue health risks to the woman and
her pregnancy.
   (d) Potentially harmful methods of restraint include, but are not
limited to, shackling by the ankles, by the wrists in front or behind
the body, across the abdomen, or to another person.
   (e) 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.
   (f) 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 not restrained unless
deemed necessary for the security of the inmate, staff, or the
public, or all combined. Should restraints be necessary under these
circumstances, facilities are instructed to use the least restrictive
means of restraint as determined by the Corrections Standards
Authority.
   (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.
   (h) Pursuant to Section 6030 of the Penal Code, the Corrections
Standards Authority has the authority to issue minimum standards for
treatment of people incarcerated within correctional facilities,
treatment of inmates in custody during temporary appointments outside
correctional facilities, and transportation of inmates among
correctional facilities and to and from appointments outside of
correctional facilities. The Corrections Standards Authority has
previously promulgated transportation regulations, including, but not
limited to, requiring local correctional facilities to provide
transportation for inmates in need of medical services as set forth
in subdivision (c) of Section 1206 of Title 15 of the California Code
of Regulations, and requiring all juvenile facilities to provide
transportation for minors to mental health facilities as set forth in
subdivision (f) of Section 1437 of Title 15 of the California Code
of Regulations, and that all juvenile facilities have adequate
transportation staff as set forth in subdivision (g) of Section 1321
of Title 15 of the California Code of Regulations. The Corrections
Standards Authority has also previously established regulations
addressing the treatment of inmates temporarily taken outside of
correctional facilities, including requiring local correctional
facilities to create policies and procedures for handling situations
such as furloughs and other temporary releases, and requiring
facilities to have adequate field supervision staff, as set forth in
Sections 1027, 1029, and 1351 of Title 15 of the California Code of
Regulations.
  SEC. 2.  Section 5007.7 of the Penal Code is amended to read:
   5007.7.   Pregnant inmates temporarily taken to a hospital
outside the prison for the purposes of childbirth shall be
transported in the least restrictive way possible,   An
inmate known to be pregnant shall not be shackled by the wrists,
ankles, around the abdomen, or to another person, unless deemed
necessary for the safety and security of the inmate, the staff, or
the public. In cases where restraints are deemed necessary, the least
restrictive means shall be used,  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.  
These provisions apply to, but are not limited to, movement within
the correctional facility, transport to and from the facility, and
time spent outside of the facility to receive medical or dental care,
to attend court, or any other appointment. 
  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 standards for state correctional facilities shall be
established by January 1, 2007.  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 postpartum 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  at no time shall a
woman who is in labor be   a woman known to be pregnant
shall not be  shackled by the wrists, ankles,  or both
including   around the abdomen, or to another person.
This includes, but is not limited to, time spent outside a state or
local correctional facility,  during transport to  a
hospital, during   or 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.  The
authority shall develop new standards regarding the shackling of
pregnant women pursuant to the amendments made to this subdivision in
the 2011-12 Regular Session of the Legislature 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 and 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 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. 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 of each ward. 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.   around the
abdomen, or to another person, unless deemed necessary for the safety
and security of the ward, the staff, or the public. In cases where
restraints are deemed necessary, the least restrictive means shall be
used, consistent with the legitimate security needs of each ward.
These provisions apply to, but are not limited to, movement within
the correctional facility, transport to and from the facility, and
time spent outside of the facility to receive medical or dental care,
to attend court, or any other appointment.
   (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 
authority   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   Chief Deputy Secretary for Juvenile
Justice  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 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. 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 of each ward. 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   around the abdomen, or to another person,
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 means shall be used,
consistent with the legitimate security needs of each ward. These
provisions apply to, but are not limited to, movement within the
correctional facility, transport to and from the facility, and time
spent outside of the facility to receive medical or dental care, to
attend court, or any other appointment. 
   (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.