BILL ANALYSIS �
AB 568
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CONCURRENCE IN SENATE AMENDMENTS
AB 568 (Skinner and Mitchell)
As Amended August 16, 2011
Majority vote
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|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |37-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires that inmates and wards in the custody of the
California Department of Corrections and Rehabilitation (CDCR),
CDCR's Division of Juvenile Facilities, and local correctional
and juvenile facilities, who are known to be pregnant, shall not
be shackled by the wrists, ankles, around the abdomen, or to
another person, unless deemed necessary for safety, and if
necessary for safety, be restrained in the least restrictive way
possible.
The Senate amendments :
1)Provide that 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 for each inmate or ward.
2)Require that the restraints only remain in place as long as
the threat exists.
3)Enumerate circumstances in which a pregnant woman shall not be
shackled including time spend outside a correctional facility,
during transport to or from a correctional facility, during
labor and delivery, but specifies this list is not exhaustive.
4)Require the Board of State and Community Corrections to
develop standards regarding the shackling of pregnant women
pursuant to these provisions as part of its biennial review of
the standards.
5)Replace the State Department of Health Services with the State
Department of Public Health as one of the entities from which
the Corrections Standards Authority shall seek advice in
establishing minimum health and sanitary conditions for state
AB 568
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and local correctional facilities.
6)Add a sunset date of July 1, 2012.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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 shackling poses undue health risks to a woman
throughout her pregnancy. Despite the dangers of shackling,
correctional facilities have inconsistent policies and practices
for restraining pregnant incarcerated women.
"Pregnant women are frequently shackled 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, non-serious 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 women and potential legal challenges, it is critical
that policies are adopted ensuring that restraints are properly
used with this vulnerable population.
"�This bill] clarifies �Corrections Standards Authority's
(CSA's)] standards for how pregnant women are restrained during
transport to and from facilities. �This bill] will protect
counties and the state from being sued and ensure the health and
safety of incarcerated women and their pregnancy.
"Response to Veto: Last year a similar bill AB 1900 was vetoed
because of the administration's interpretation of CSA's
authority to establish policies on transportation issues to and
from other locations. Governor Schwarzenegger's assertion that
the CSA has no authority at all over the transportation of
inmates appears to be incorrect. While Penal Code Section 6030
does not expressly grant rulemaking power over inmate
transportation to the CSA, it does grant the CSA some degree of
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authority over transportation by mandating that women in labor
shall not be shackled during transport. �Penal Code Section
6030(f).]
"Furthermore, the regulations promulgated by the CSA in Title 15
of the California Code of Regulations �C.C.R.] indicate that it
currently regulates at least some aspects of inmate
transportation. While CSA regulations are not as specific as
those established by the CDCR, the CSA requires that local
facilities must develop policies to comply with the restraint
requirements for women in labor laid out in Penal Code Section
6030(f). 15 C.C.R. Section 1029(a)(4). The CSA also requires
that local correctional facilities must provide transportation
for inmates in need of medical services. 15 C.C.R. Section
1206(c).
"Additionally, the CSA further requires that all juvenile
facilities provide transportation for minors to mental health
facilities, and that all juvenile facilities have adequate
transportation staff. 15 C.C.R. Sections 1321(g), 1437(f). It
thus does not appear that a regulation regarding the transport
of pregnant inmates falls outside the scope of the CSA's
authority."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0001902