BILL ANALYSIS �
AB 568
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 568 (Skinner) - As Introduced: February 16, 2011
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires pregnant state and local inmates and wards to
be restrained in the least restrictive way possible, consistent
with security needs, when transported to and from detention
facilities and during movements within a correctional facility.
This bill also requires the Corrections Standards Authority
(CSA), as part of its biennial review of standards, 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, around the abdomen, or
to another person during labor, deliver, recovery or transport
to or from a state or local correctional facility, unless
specific security needs dictate otherwise.
FISCAL EFFECT
1)Minor, presumably absorbable, costs to CSA to develop
regulations regarding issues CSA has considerable familiarity
with, considering CSA has adopted similar regulations for
state facilities.
2)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 568
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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.
The author's goal is to protect pregnant inmates via
consistent policies and practices.
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)Prior Legislation .
a) AB 1900 (Skinner), 2010, was similar to this legislation
and was vetoed. Gov. Schwarzenegger stated:
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"This bill would prohibit the shackling of pregnant inmates
and wards during transport to and from correctional
facilities except when other less restrictive restraints
are deemed necessary. Additionally, this bill would require
the Corrections Standards Authority (CSA) to develop
guidelines concerning the shackling of pregnant inmates and
wards during transport. However, CSA's mission is to
regulate and develop standards for correctional facilities,
not establish policies on transportation issues to and from
other locations.
"Since this bill goes beyond the scope of CSA's mission, I
am unable to sign this bill."
(To address the veto message, the 2011 version of this bill
includes a legislative finding that CSA has the authority
to issue such standards for transportation of inmates.)
b) AB 478 (Lieber), Chapter 608, Statutes of 2005, made it
illegal to deny inmates prenatal and postpartum care,
including access to vitamins and a basic dental cleaning,
and banned the shackling of women during labor, delivery,
and recovery.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081