SB 1135, as amended, Jackson. Inmates: sterilization.
Existing law establishes a state correctional system and provides for the establishment of county jails. Existing law regulates certain aspects of medical care for inmates.
This bill would prohibit sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility, as specified. The bill would also otherwise prohibit any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation or whenbegin delete required for the necessary treatment of a physical medical condition ifend deletebegin insert medically necessary, excluding for the purpose of
birth control, as determined by contemporary standards of evidence-based medicine, to treat a diagnosed condition andend insert certain requirements are satisfied, including that patient consent is obtained. If a sterilization procedure is performed pursuant to these exceptions, the bill would require psychological consultation and medical followup, as specified. The bill would require the department and all county jails or other institutions of confinement to publish an annual report of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, including, but not limited to, hysterectomy and oophorectomy, and to provide notification to all individuals under their custody, and to all employees who are involved in providing health care services, of their rights and responsibilities with regard to the sterilization of inmates.
By imposing additional duties on local correctional facilities in connection with inmate medical care, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to prevent sterilization abuse of vulnerable populations, to
3ensure safeguards against sterilization abuse within the coercive
4environment of prison and jail, and to positively affirm that all
5people should have the right to fully self-determine their
6reproductive lives free from coercion, violence, or threat of force.
Chapter 6 (commencing with Section 3440) is added
8to Title 2 of Part 3 of the Penal Code, to read:
9
(a) Sterilization for the purpose of birth control,
13including, but not limited to, during labor and delivery, of an
14individual under the control of the department or a county and
15imprisoned in the state prison or a reentry facility, community
16correctional facility, county jail, or any other institution in which
17an individual is involuntarily confined or detained under a civil or
18criminal statute, is prohibited.
P3 1(b) Sterilization of an individual under the control of the
2department or a county and imprisoned in the state prison or a
3reentry facility, community correctional facility, county jail, or
4any other institution in which an individual is
involuntarily
5confined or detained under a civil or criminal statute, through tubal
6ligation, hysterectomy, oophorectomy, or any other means
7rendering an individual permanently incapable of reproducing, is
8prohibited except in either of the following circumstances:
9(1) The procedure is required for the immediate preservation
10of the individual’s life in an emergency medical situation.
11(2) Thebegin insert sterilizingend insert procedure isbegin delete required for the necessary begin insert
medically necessary, excluding for the purpose of birth
12treatment of a physical medical condition, excluding birth control,
13and only ifend delete
14control, as determined by contemporary standards of
15evidence-based medicine, to treat a diagnosed condition, andend insert all
16of the following requirements are satisfied:
17(A) Lessbegin delete drasticend deletebegin insert invasiveend insert measures to address the medical need
18are nonexistent, are refused by the individual, or are first attempted
19and deemedbegin delete unsuccessful.end deletebegin insert unsuccessful by the individual, in
20consultation with his or her medical provider.end insert
21(B) A second physician independent of, and not employed by,
22
but authorized to provide services to individuals in the custody of,
23and to receive payment for those services from, the department or
24county department overseeing the confinement of the individual
25conducts an in-person consultationbegin insert with the individualend insert and confirms
26the need for a medical intervention resulting in sterilization to
27address the medical need.
28(C) Patient consent is obtained after the individual is made aware
29of the full and permanent impact the procedure will have on his
30or her reproductive capacity, that future medical treatment while
31under the control of the department or county will not be withheld
32should the individual refuse consent to the procedure, and the side
33effects of the procedure.
34(c) If a sterilization procedure is performed pursuant to
35paragraph (1) or (2) of subdivision (b), presterilization and
36poststerilization psychological consultation and medical followup,
37including providing relevant hormone therapy to address surgical
38menopause, shall be made available to the individual sterilized
39while under the control of the department or the county.
P4 1(d) The department and all county jails or other institutions of
2confinement shall do both of the following:
3(1) Publish an annual report of sterilizations performed,
4disaggregated by race, age, medical justification, and method of
5sterilization, including, but not limited to, hysterectomy and
6oophorectomy.
7(2) Provide notification to all individuals under their custody
8and to all employees who are involved in providing health care
9services of their rights and responsibilities under this section.
10(e) An employee of the department or of a county jail or other
11institution of confinement who reports the sterilization of an
12individual performed in violation of this section is entitled to the
13protection available under subparagraphs (A) and (B) of paragraph
14(2) of subdivision (a) of Section 6129, or under the California
15Whistleblower Protection Act (Article 3 (commencing with Section
168547) of Chapter 6.5 of Division 1 of Title 2 of the Government
17Code) or the Whistleblower Protection Act (Article 10
18(commencing with Section 9149.20) of Chapter 1.5 of Part 1 of
19Division 2 of Title 2 of the
Government Code).
If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.
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