BILL NUMBER: AB 568 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2011
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 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, 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 , and
the restraints would only remain in place as long as the threat
exists . 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
the bill would require the least restrictive means be
used, consistent with the legitimate security needs of each inmate or
ward , and the restraints would only remain in place as long as
the threat exists . 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. 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, which may include
cuffing an inmate's wrists in front, consistent with the
legitimate security needs of each inmate. The restraints shall
remain in place only as long as the threat exists. 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
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 a woman known to be pregnant
shall not be shackled by the wrists, ankles, around the abdomen, or
to another person , except as provided in Section 5007.7 .
This includes, but is not limited to, time spent outside a
state or local correctional facility, during transport to
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, 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. restrictive
means shall be used, which may include cuffing an inmate's wrists in
front, consistent with the legitimate security needs of each ward.
The restraints shall remain in place only as long as the threat
exists. 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 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 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, 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. which may
include cuffing an inmate's wrists in front, consistent with the
legitimate security needs of each ward. The restraints shall remain
in place only as long as the threat exists. 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.