BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 568|
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THIRD READING
Bill No: AB 568
Author: Skinner (D)
Amended: 5/27/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 06/07/11
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 05/12/11 - See last page for vote
SUBJECT : Pregnant inmates and wards: least restrictive
restraints
SOURCE : American Congress of Obstetricians and
Gynecologists
ACLU
California Commission on the Status of Women
Center for Young Womens Development
Legal Services for Prisoners with Children
Time for Change Foundation
DIGEST : This bill provides (1) pregnant inmates or wards
may 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; (2) in cases where restraints are deemed necessary,
the least restrictive means shall be used, which may
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include cuffing an inmate's wrists in front, consistent
with the legitimate security needs of each inmate; (3) the
restraints shall remain in place only as long as the threat
exists; (4) 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; (5) the Corrections
Standards Authority (CSA) shall develop standards regarding
the shackling of pregnant women as stated above as part of
its biennial review of the standards established pursuant
to this section; and (6) make uncodified legislative
findings and declarations concerning methods of restraining
pregnant inmates and wards, as specified.
ANALYSIS : Current law 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. (Penal Code � 5007.7.)
Current law requires the Corrections Standards Authority
("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. (Penal
Code � 6030(a) and (b).)
Current law provides that the standards require inmates who
are received by the facility while they are pregnant are
provided all of the following (Penal Code � 6030(e)):
A balanced, nutritious diet approved by a doctor;
Prenatal and postpartum information and health
care, including, but not limited to, access to
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necessary vitamins as recommended by a doctor;
Information pertaining to childbirth education and
infant care; and,
A dental cleaning while in a state facility.
Current law 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. (Penal Code � 6030(f).)
Current law requires CSA to seek the advice of the
California State Sheriffs' Association, the Chief Probation
Officers' Association of California, and other interested
persons, when establishing minimum standards for female
inmates and pregnant inmates in local adult and juvenile
facilities. (Penal Code � 6030(g)(5).)
Current law 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. Any expenses occasioned by the services of a
physician and surgeon whose services are not provided by
the institution shall be borne by the prisoner. (Penal
Code� 3406.)
Current law states that any woman inmate who would give
birth to a child during her term of imprisonment may be
temporarily taken to a hospital outside the prison for the
purposes of childbirth, and the charge for hospital and
medical care shall be charged against the funds allocated
to the institution. (Penal Code � 3423.)
Current law requires that any female in the custody of a
local juvenile facility, defined as any city, county, or
regional facility used for the confinement of juveniles for
more than 24 hours, 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
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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. (Welfare and
Institutions Code �� 222(a) and 1774(a).)
Current law provides that a ward 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. (Welfare
and Institutions Code �� 222(b) and 1774(d).)
Current law provides that mechanical restraints shall not
be placed on an adult inmate during labor, including during
transport to a hospital, during delivery, and while in
recovery after giving birth, unless circumstances exist
that require the immediate application of mechanical
restraints to avoid the imminent threat of death, escape,
or great bodily injury, and only for the period during
which such threat exists. (15 Cal. Code of Regs. �
3268.2.)
This bill amends current law to provide:
An inmate or 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 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
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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.
This bill requires that the standards developed by CSA for
state and local correctional facilities 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 correctional
facility, during transport to or from a correctional
facility, during labor, during delivery, and while in
recovery after giving birth, except as provided in Section
5007.7. CSA shall develop standards regarding the
shackling of pregnant women pursuant to the amendments made
to this subdivision as part of its biennial review of the
standards established pursuant to this section.
This bill makes uncodified legislative findings and
declarations concerning methods of restraining pregnant
inmates and wards, as specified.
This bill makes certain non-substantive technical changes
to law.
Prior Legislation
AB 478 (Lieber), Chapter 608, Statutes of 2005, which
passed the Senate Floor on 8/23/05 (26-14).
AB 1900 (Skinner) of 2010, which passed the Senate Floor on
8/23/10
(35-0), and was vetoed by Governor Schwarzenegger. The
veto message stated:
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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/27/11)
American Congress of Obstetricians and Gynecologists
(co-source)
ACLU (co-source)
California Commission on the Status of Women (co-source)
Center for Young Women's Development (co-source)
Legal Services for Prisoners with Children (co-source)
Time for Change Foundation (co-source)
A New Way of Life Reentry Project
AAUW
ACT for Women and Girls
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
California Coalition for Women Prisoners
California Communities United Institute
California Correctional Peace Officers Association
California Maternal, Child, and Adolescent Health Directors
California Medical Association
California National Organization for Women
California Nurses Association
California Public Defenders Association
California Women's Law Center
Californians United for a Responsible Budget
Community Works West
Correctional Association of New York
Directors of Public Health Nursing
Drug Policy Alliance
East Bay Community Law Center
Ella Baker Center/Books not Bars
Equal Justice Society
Families to Amend California's Three Strikes
Friends Committee on Legislation of California
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Girls & Gangs
Great Beginnings for Black Babies, Inc.
House of Ruth, Inc.
Just Detention International
Justice Now
Law Students for Reproductive Justice
Lawyers' Committee for Civil Rights of the SF Bay Area
National Center for Youth Law
National Council of Jewish Women
Prison Activist Resource Center
Prison Law Office
Rainbow Services, Ltd.
Rebecca Project for Human Rights
San Francisco Board of Supervisors' Public Safety Committee
San Francisco Juvenile Probation Department
SEIU, Local 1000
Violence Prevention Coalition
Women's Community Clinic
Women's Foundation of California
Youth and Family Services, Inc. of Solano County
Youth Law Center
ARGUMENTS IN SUPPORT : According to the author:
Pregnant women in correctional facilities are more
likely to experience miscarriage, preeclampsia,
preterm birth, and low-birth weight infants. Studies
indicate that the incidence of minor trauma,
especially falls, increases as pregnancy progresses
and excessive restraints poses undue health risks to a
woman throughout her pregnancy. Despite the dangers
of restraints, correctional facilities have
inconsistent policies and practices for restraining
pregnant incarcerated women.
Pregnant women are frequently restrained by the
ankles, wrists, abdomen, behind the back, and even to
another person while being transported to and from a
correctional facility. Most pregnant women receive
sentences of less than 1 year in duration, often for
first-time nonviolent, nonserious offenses.
Nevertheless, women as far along as 8 months
pregnant have been shackled in the most restrictive
ways. To avoid threatening the health of pregnant
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women and potential legal challenges, it is critical
that policies are adopted ensuring that restraints are
properly used with this vulnerable population.
AB 568 clarifies Corrections Standards Authority's
standards for how pregnant women are restrained during
transport to and from facilities. AB 568 will protect
counties and the state from being sued and ensure the
health and safety of incarcerated women and their
pregnancy.
ASSEMBLY FLOOR : 70-0, 05/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hern�ndez, Bonnie Lowenthal, Mitchell, Portantino,
Torres
RJG:nl 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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