BILL ANALYSIS �
SB 1135
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1135 (Jackson) - As Amended: June 26, 2014
Policy Committee: HealthVote:19-0
Public Safety Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill, as proposed to be amended , prohibits sterilization of
an individual under the control of the Department of Corrections
and Rehabilitation (CDCR) or a local correctional facility,
except when medically necessary. It also:
1)Requires, if a sterilization procedure is performed, certain
related services be provided, including psychological
consultation and medical follow-up, unless the procedure is
necessary for the immediate preservation of the individual's
life in an emergency medical situation.
2)Requires CDCR to publish data, and county jails or other
institutions of confinement to provide data for publication by
the Board of State and Community Corrections, on
sterilizations performed, as well as to notify individuals in
custody, as well as staff, of certain information related to
sterilization.
FISCAL EFFECT
1)Minor and absorbable state costs; CDCR indicates this bill
aligns with their current practice.
2)Potential, likely minor, state-reimbursable mandate costs to
offer additional services and follow specified procedures
related to sterilization, to notify incarcerated individuals
and employees, and to publish reports.
COMMENTS
SB 1135
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1)Purpose. The author contends that this bill is needed because
women were robbed of their reproductive choice by coerced
sterilization procedures while being housed in state
correctional facilities.
2)Background . In June of this year, the California State
Auditor released report 2013-120: "Sterilization of Female
Inmates: Some Inmates Were Sterilized Unlawfully, and
Safeguards Designed to Limit Occurrences of the Procedure
Failed," which examined sterilization cases from the last
eight years within CDCR. The report found the state entities
responsible for providing medical care to these inmates, CDCR
and the Receiver's Office, sometimes failed to ensure that
inmates' consent for sterilization was lawfully obtained. The
Auditor also found procedures for documenting consent of
inmate's doctors were not followed; violations of the required
waiting period between when the inmate consented to the
procedure and when the sterilization surgery actually took
place were also noted. The report finds adherence to informed
consent procedures has greatly improved, and the number of
sterilization procedures has declined significantly since 2010
when the Receiver's office asserts it became aware of the
issue.
3)Support . The California Correctional Health Care Services
(Receiver's office) supports this bill, stating it is
consistent with their current regulations and that codifying
these protections will ensure they remain enforced. This bill
appears consistent with, but more prescriptive than, current
regulations, which prohibit a number of surgeries if not
medically necessary, including vasectomy and tubal ligation.
This bill is sponsored by Justice Now and supported by
numerous groups, including women's advocacy organizations,
Planned Parenthood Affiliates of California, the American
Civil Liberties Union of California, and some criminal justice
advocacy organizations, among others.
4)Concerns . The California Medical Association (CMA) and the
American College of Obstetrics and Gynecology (ACOG) express
unreserved condemnation of coerced sterilization. Both groups,
however, express concern that the bill also prohibits doctors
from performing elective sterilization even if incarcerated
individuals desire sterilization for purposes of birth
control. In particular, ACOG and CMA indicate tubal ligation
SB 1135
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done at the time of a cesarean delivery is the most medically
appropriate time to perform the procedure, and that many women
in community settings choose elective sterilization while
undergoing a cesarean delivery. Prohibiting elective tubal
ligation at that time necessitates another surgery under
general anesthesia if a woman chooses this form of birth
control, raising the risks of complications. The groups
conclude they fully support a woman's right to procreative
choice.
5)Staff Comments . This bill requires every correctional
facility 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 related to the prohibition of sterilization
procedures. It is unclear whether this broad notification to
all incarcerated inmates is necessary. It appears this mandate
could be tailored to better reflect situations where
notification is most appropriate.
6)Amendments require the Board of State and Community
Corrections to publish county data on any sterilization
procedures performed, and clarify that CDCR must publish data,
not a report.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081