Existing law requires that any woman inmate in state prison, or any female confined in a local detention facility, as defined, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. Existing law also requires the department or county, respectively, to furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.

This bill would provide that any person incarcerated in state prison who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that any incarcerated person in state prison who is capable of becoming pregnant shall, upon request, have access to, and be allowed to obtain, contraceptive counseling and their choice of birth control method, as specified, unless medically contraindicated. The bill would require that all birth control methods approved by the United States Food and Drug Administration (FDA) be made available to incarcerated persons who are capable of becoming pregnant, except as provided, and would require the California Correctional Health Care Services to establish a formulary that consists of all of these birth control methods. The bill would provide that if a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the facility. The bill would require incarcerated persons to have access to nonprescription birth control methods without the requirement to see a licensed health care provider. The bill would require that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons capable of becoming pregnant, be furnished by a licensed health care provider who has been provided with training in reproductive health care and be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require a facility to furnish incarcerated persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require that contraceptive and family planning services be offered and made available to all incarcerated persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.

Existing law requires that any woman inmate in state prison, or any female confined in a local detention facility, as defined, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. Existing law also requires the department or county, respectively, to furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.

This bill would provide that any person incarcerated in state prison who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that any incarcerated person in state prison who is capable of becoming pregnant shall, upon request, have access to, and be allowed to obtain, contraceptive counseling and their choice of birth control method, as specified, unless medically contraindicated. The bill would require that all birth control methods approved by the United States Food and Drug Administration (FDA) be made available to incarcerated persons who are capable of becoming pregnant, except as provided, and would require the California Correctional Health Care Services to establish a formulary that consists of all of these birth control methods. The bill would provide that if a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the facility. The bill would require incarcerated persons to have access to nonprescription birth control methods without the requirement to see a licensed health care provider. The bill would require that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons capable of becoming pregnant, be furnished by a licensed health care provider who has been provided with training in reproductive health care and be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require a facility to furnish incarcerated persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require that contraceptive and family planning services be offered and made available to all incarcerated persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.

Existing law requires that any woman inmate in state prison, or any female confined in a local detention facility, as defined, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. Existing law also requires the department or county, respectively, to furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.

This bill would provide that any person incarcerated in state prison or a local detention facility, as defined, who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that any incarcerated person who is capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of birth control method, as specified, unless medically contraindicated. The bill would require that all birth control methods approved by the United States Food and Drug Administration (FDA) be made available to incarcerated persons who are capable of becoming pregnant, except as provided, and would require the California Correctional Health Care Services or the local detention facility to establish a formulary that consists of all of these birth control methods. The bill would provide that if a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. facility. The bill would require incarcerated persons to have access to nonprescription birth control methods without the requirement to see a licensed health care provider. The bill would require that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons capable of becoming pregnant, be furnished by a licensed health care provider who has been provided with training in reproductive health care and be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require a facility to furnish incarcerated persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require that contraceptive and family planning services be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date. By requiring city, county, or regional facilities to provide contraception counseling, birth control, and specified information and education to persons confined in local detention facilities who menstruate or who are capable of becoming pregnant, this bill would impose a state-mandated local program.

Existing law requires that any woman inmate in state prison, or any female confined in a local detention facility, as defined, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. Existing law also requires the department or county, respectively, to furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.

This bill would provide that any person incarcerated in state prison or confined in a local detention facility facility, as defined, who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that incarcerated or confined persons who are capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of birth control at no cost. The bill would require that all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) be made available to incarcerated or confined persons who are capable of becoming pregnant, except as provided. The bill would require all contraceptive counseling and contraceptive services provided to these persons to be furnished by a licensed health care practitioner with a clinical background in reproductive health care and to be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require the department or county, respectively, to furnish incarcerated or confined persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require contraceptive and family planning services to be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 90 days, prior to a scheduled release date. The bill would provide that any incarcerated person who is capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of birth control method, as specified, unless medically contraindicated. The bill would require that all birth control methods approved by the United States Food and Drug Administration (FDA) be made available to incarcerated persons who are capable of becoming pregnant, except as provided, and would require California Correctional Health Care Services or the local detention facility to establish a formulary that consists of all of these birth control methods. The bill would provide that if a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. The bill would require incarcerated persons to have access to nonprescription birth control methods without the requirement to see a licensed health care provider. The bill would require that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons capable of becoming pregnant, be furnished by a licensed health care provider who has been provided with training in reproductive health care and be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require a facility to furnish incarcerated persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require that contraceptive and family planning services be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date. By requiring counties city, county, or regional facilities to provide contraception counseling, birth control, and specified information and education to persons confined in local detention facilities who menstruate or who are capable of becoming pregnant, 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.

Existing law requires that any woman inmate upon her request in state prison, or any female confined in a local detention facility, as defined, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician physician, upon her request. Existing law requires each and every woman inmate or female confined in a local detention facility to be furnished with information and education regarding the availability of family planning services by the Department of Corrections and Rehabilitation or the county, respectively. Existing law also requires family planning services to be offered to each and every woman inmate or female confined in a local detention facility at least 60 days prior to a scheduled release date, as specified. Existing law also requires the department or county, respectively, to furnish any woman inmate or female confined in a local detention facility with the services of a licensed physician or with services necessary to meet her family planning needs at the time of her release, as specified, upon her request.

This bill would make technical, nonsubstantive changes to these provisions. provide that any person incarcerated in state prison or confined in a local detention facility who menstruates shall, upon request, have access to and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. The bill would provide that incarcerated or confined persons who are capable of becoming pregnant shall, upon request, have access to and be allowed to obtain contraceptive counseling and their choice of birth control at no cost. The bill would require that all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) be made available to incarcerated or confined persons who are capable of becoming pregnant, except as provided. The bill would require all contraceptive counseling and contraceptive services provided to these persons to be furnished by a licensed health care practitioner with a clinical background in reproductive health care and to be nondirective, unbiased, and noncoercive. The bill would require health care providers furnishing contraceptive services to receive specified training. The bill would require the department or county, respectively, to furnish incarcerated or confined persons who are capable of becoming pregnant with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. The bill would require each facility to post this information in conspicuous places, as specified. The bill would require contraceptive and family planning services to be offered and made available to all incarcerated or confined persons capable of becoming pregnant at least 60 days, but not longer than 90 days, prior to a scheduled release date. By requiring counties to provide contraception counseling, birth control, and specified information and education to persons confined in local detention facilities who menstruate or who are capable of becoming pregnant, this bill would impose a state-mandated local program.

Existing law requires any woman inmate upon her request be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. Existing law requires each and every woman inmate to be furnished with information and education regarding the availability of family planning services. Existing law also requires family planning services to be offered to each and every woman inmate at least 60 days prior to a scheduled release date, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

SENATE THIRD READING

STR Bill Id:SB 1433

Author:(Mitchell)

As Amended Ver:May 31, 2016

Majority vote

SENATE VOTE: 26-8

SUMMARY: Provides that any incarcerated person in the state prison who menstruates shall, upon request, have improved access to personal hygiene materials, and contraceptive services, as specified. Specifically, this bill:

1. Provides that any incarcerated person in state prison who menstruates shall, upon request, have access and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Any incarcerated person who is capable of becoming pregnant shall, upon request, have access and be allowed to obtain contraceptive counseling and their choice of birth control methods, as specified, unless medically contraindicated.
2. States that, except as provided, all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by law.
3. Requires the California Correctional Health Care Services (CCHCS) to establish a formulary consisting of all FDA-approved birth control methods that shall be available to persons in this legislation. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
4. Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided training in reproductive health care and shall be nondirective, unbiased, and non-coercive. These services shall be furnished by the facility or by any other agency which contracts with the facility. Except as provided, health care providers furnishing contraceptive services shall receive training in the following areas:
   1. The requirements of this section; and,
   2. Providing nondirective, unbiased, and non-coercive contraceptive counseling and services.
5. States that providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program shall be deemed to have met the training requirements described.
6. Provides that any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and non-coercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access.
7. Requires contraceptive counseling and family planning services to be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.
8. States that its provisions are not to be construed to limit an incarcerated person's access to any method of contraception that is prescribed or recommended for any medically indicated reason.

EXISTING LAW:

1. Requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for a) personal hygiene with regard to her menstrual cycle and reproductive system and b) birth control measures as prescribed by her physician.
2. Requires that each and every woman inmate shall be furnished with information and education regarding the availability of family planning services.
3. Requires that family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date. Upon request any woman inmate shall be furnished by the Department of Corrections and Rehabilitation (department) with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release.

FISCAL EFFECT: According to the Assembly Appropriations Committee, potential future annual General Fund cost in the range of $190,000 to the California Correctional Health Care Services (CCHCS) to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. Currently, the Budget includes funding of $632,000 for these services, which assumes 50% participation by the female population that is of reproductive age. If this bill results in greater awareness and thus a 30% increase in participation, future costs could increase by $190,000, assuming no change in the eligible population.

COMMENTS: According to the author, "SB 1433 will require the California Department of Corrections and Rehabilitation (CDCR) and the California Correctional Health Care Services (CCHCS) to provide family planning services upon request, as well as provide that these services shall be offered between 180 to 60 days prior to an individual's parole release date. Additionally, this bill acknowledges the fact that there are many medical uses for birth control besides preventing pregnancy such as regulating menstrual periods, relieving severe cramps, and treating endometriosis. SB 1433 will ensure that the health care needs of incarcerated women are improved by providing adequate family planning services upon request and prior to their release date."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004001

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1433

Author:(Mitchell) – As Amended Ver:May 31, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides that any incarcerated person in the state prison who menstruates must, upon request, have improved access to personal hygiene materials, and contraceptive services, as specified.

FISCAL EFFECT:

Potential future annual General Fund cost in the range of $190,000 to the California Correctional Health Care Services (CCHCS) to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. Currently, the Budget includes funding of $632,000 for these services, which assumes 50 percent participation by the female population that is of reproductive age. If this bill results in greater awareness and thus a 30 percent increase in participation, future costs could increase by $190,000, assuming no change in the eligible population.

COMMENTS:

Background and Purpose. Current law requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for: 1) personal hygiene with regard to her menstrual cycle and reproductive system, and 2) birth control measures as prescribed by her physician. Current law also requires that each and every woman inmate be furnished with information and education regarding the availability of family planning services, and family planning services be provided.

In support, Planned Parenthood Action Fund of the Pacific Southwest indicates California’s law relating to reproductive healthcare for women are outdated. Current law provides that women who are using birth control may continue using it; however the law does not specify that women who are not using may request to begin use.

According to the author, this bill requires the California Department of Corrections and Rehabilitation and CCHCS to provide family planning services upon request, as well as provide that these services be offered between 180 to 60 days prior to an individual’s parole release date. Moreover, this bill acknowledges the fact that there are many medical uses for birth control besides preventing pregnancy such as regulating menstrual periods, relieving severe cramps, and treating endometriosis. The author states, “SB 1433 will ensure that the health care needs of incarcerated women are improved by providing adequate family planning services upon request and prior to their release date.”

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: June 28, 2016

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1433

Author:(Mitchell) – As Amended Ver:May 31, 2016

SUMMARY: Provides that any incarcerated person in the state prison who menstruates shall, upon request, have improved access to personal hygiene materials, and contraceptive services, as specified. Specifically, this bill:

1. Provides that any incarcerated person in state prison who menstruates shall, upon request, have access and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Any incarcerated person who is capable of becoming pregnant shall, upon request, have access and be allowed to obtain contraceptive counseling and their choice of birth control methods, as specified, unless medically contraindicated.
2. States that, except as provided, all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by law.
3. Requires the California Correctional Health Care Services (CCHCS) to establish a formulary consisting of all FDA-approved birth control methods that shall be available to persons in this legislation. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
4. Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided training in reproductive health care and shall be nondirective, unbiased, and non-coercive. These services shall be furnished by the facility or by any other agency which contracts with the facility. Except as provided, health care providers furnishing contraceptive services shall receive training in the following areas:
   1. The requirements of this section; and,
   2. Providing nondirective, unbiased, and non-coercive contraceptive counseling and services.
      
      
5. States that providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program shall be deemed to have met the training requirements described.
6. Provides that any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and non-coercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access.
7. Requires contraceptive counseling and family planning services to be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.
8. States that its provisions are not to be construed to limit an incarcerated person’s access to any method of contraception that is prescribed or recommended for any medically indicated reason.

EXISTING LAW:

1. Requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. (Pen. Code, § 3049, subd. (a).)
2. Requires that each and every woman inmate shall be furnished with information and education regarding the availability of family planning services. (Pen. Code, § 3409, subd. (b).)
3. Requires that family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date. Upon request any woman inmate shall be furnished by the Department of Corrections and Rehabilitation (department) with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release. (Pen. Code, § 3409 subd. (c).)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "SB 1433 will require the California Department of Corrections and Rehabilitation (CDCR) and the California Correctional Health Care Services (CCHCS) to provide family planning services upon request, as well as provide that these services shall be offered between 180 to 60 days prior to an individual’s parole release date. Additionally, this bill acknowledges the fact that there are many medical uses for birth control besides preventing pregnancy such as regulating menstrual periods, relieving severe cramps, and treating endometriosis. SB 1433 will ensure that the health care needs of incarcerated women are improved by providing adequate family planning services upon request and prior to their release date.
   
2. Argument in Support: According to the Planned Parenthood Action Fund of the Pacific Southwest, "Currently, California’s law relating to reproductive healthcare for women are outdated and do not provide for the type of comprehensive care inmates deserve. Current law provides that women who are using birth control may continue using it, however the law does not specify that women who are not using may request to begin use. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request."

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice

Community Action Fund of Planned Parenthood of Orange and San Bernardino County

Friends Committee on Legislation

Planned Parenthood Action Fund of the Pacific Southwest

Planned Parenthood Advocacy Project of Los Angeles County

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Affiliates of California

Planned Parenthood of Northern California Action Fund

Opposition

None

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 1433

Author:

: 5/31/16

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/19/16

AYES: Hancock, Glazer, Leno, Liu, Monning

NOES: Anderson

NO VOTE RECORDED: Stone

SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/27/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NO VOTE RECORDED: Bates, Nielsen

SUBJECT:

SOURCE: California Correctional Health Care Services

DIGEST: This bill provides state prison inmates who menstruate with improved access to birth control, as specified.

ANALYSIS:

Existing law:

1. Requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. (Penal Code § 3409(a).)
2. Requires that each and every woman inmate shall be furnished with information and education regarding the availability of family planning services. (Penal Code § 3409(b).)
3. Requires that family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date. Upon request any woman inmate shall be furnished by the Department of Corrections and Rehabilitation (department) with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release. (Penal Code § 3409(c).)

This bill:

1. Repeals Penal Code Sections 3409 and adds the following requirements:
   1. Any incarcerated person in state prison who menstruates shall, upon request, have access and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Any incarcerated person who is capable of becoming pregnant shall, upon request, have access and be allowed to obtain contraceptive counseling and their choice of birth control methods, as specified, unless medically contraindicated.
   2. Except as provided, all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by Section 3440.
   3. The California Correctional Health Care Services (CCHCS) shall establish a formulary consisting of all FDA-approved birth control methods that shall be available to persons in this legislation. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
   4. Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided training in reproductive health care and shall be nondirective, unbiased, and noncoercive. These services shall be furnished by the facility or by any other agency which contracts with the facility. Except as provided, health care providers furnishing contraceptive services shall receive training in the following areas:
      1. The requirements of this section.
      2. Providing nondirective, unbiased, and noncoercive contraceptive counseling and services.
   5. Providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program shall be deemed to have met the training requirements described.
   6. Any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access.
   7. Contraceptive counseling and family planning services shall be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.
2. States that its provisions are not to be construed to limit an incarcerated person’s access to any method of contraception that is prescribed or recommended for any medically indicated reason.

Background

According to the author:

Penal Code (PC) Section 3409, which was added to law in 1972 and has not been updated since 1975, provided that incarcerated females would be allowed to continue to use birth control, among other provisions. Although existing law allows female inmates to have access to continued use of birth control, it does not specify that women who are not using birth control can have access to it upon request or can switch to a different contraception that suits their needs. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request.

Recently, the California Correctional Health Care Services (CCHCS) established a Women’s Health Care Initiative that is responsible for ensuring that the health care needs of incarcerated females meet community standards. Among other findings, it was determined that family planning services at the California Institution for Women, the Central California Women’s Facility and the newly established Folsom Women’s Facility must be improved, and that the laws addressing health care needs of incarcerated females needed to be updated.

SB 1433 will require the California Department of Corrections and Rehabilitation (CDCR) and the California Correctional Health Care Services (CCHCS) to provide family planning services upon request, as well as provide that these services shall be offered between 180 to 60 days prior to an individual’s parole release date.

This bill ensures that female inmates in state prison have access to birth control and family planning services upon request.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

State prisons: Future annual costs potentially in the range of $630,000 to in excess of $1 million (General Fund) for the CCHCS to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. The estimated costs assume 50 percent to 75 percent of eligible female inmates of reproductive age will be served. The 2016-17 Governor’s Budget includes funding of $632,000 for these services. To the extent the posting of information required by this bill results in greater awareness and participation, and the provision of services is not restricted to female inmates, future costs could increase significantly above the budgeted amount.

SUPPORT: (Verified 5/31/16)

California Correctional Health Care Services (source)

American Civil Liberties Union

California Attorneys for Criminal Justice

Legal Services for Prisoners with Children

Planned Parenthood Action Fund of Santa Barbara, Ventura & San Luis Obispo

Planned Parenthood Action Fund of the Pacific Southwest

Planned Parenthood Northern California Action Fund

Planned Parenthood Affiliates of California

Planned Parenthood Advocates Pasadena and San Gabriel Valley

Planned Parenthood Advocacy Project Los Angeles County

Planned Parenthood Mar Monte

Planned Parenthood of Orange and San Bernardino Counties

OPPOSITION: (Verified 5/31/16)

California Right to Life Committee, Inc.

California State Sheriffs’ Association

ARGUMENTS IN SUPPORT: According to the Planned Parenthood Action

Fund of the Pacific Southwest:

Currently, California’s law relating to reproductive healthcare for women are outdated and do not provide for the type of comprehensive care inmates deserve. Current law provides that women who are using birth control may continue using it, however the law does not specify that women who are not using may request to begin use. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request.

ARGUMENTS IN OPPOSITION: According to the California Right to Life Committee, Inc. (CRLC):

CRLC perceives that this bill is intended to provide Planned Parenthood access to a captive audience of inmates who are confined to detention facilities, the purpose being to expand their client base and pad their net profit. This has little to do with providing aid, or positive health care services to these women.

Further, CRLC believes that the basic intended cohort of detainees to whom they wish unrestrained access are juveniles detained in Juvenile detention facilities in order to encourage these adolescent boys and girls to always choose [sic] Planned Parenthood and its services before considering other medical agencies.

Planned Parenthood not only promotes itself as a major contraceptive distributing agency, but also desires to have the public think of it as a preferred and exclusive medical care provider to women and children, according to several websites.

The costs to the taxpayer of providing detention services and the basic needs of health care for prisoners should not be expanded merely to accommodate family planning entities. Many inmates of both juvenile and adult detention centers are there for brief periods of time. Their time should be directed to more beneficial activities that will help them return to society and independence.

Detention facilities are not maintained for the benefit of outside agencies, nor should its employees be considered to be agents for family planning sales and services.

Prepared by:

5/31/16 21:51:57

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1433 (Mitchell) - Incarcerated persons: contraceptive counseling and services

Bill Summary:

SB 1433 would provide specified incarcerated persons in state prisons or local detention facilities with access to contraceptive counseling services and birth control, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 27, 2016

Fiscal Impact:

State prisons: Future annual costs potentially in the range of $630,000 to in excess of $1 million (General Fund) for the California Correctional Health Care Services (CCHCS) to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. The estimated costs assume 50 percent to 75 percent of eligible female inmates of reproductive age will be served. The 2016-17 Governor’s Budget includes funding of $632,000 for these services. To the extent the posting of information required by this bill results in greater awareness and participation, and the provision of services is not restricted to female inmates, future costs could increase significantly above the budgeted amount.

Author Amendments:

Remove the mandate on local detention facilities.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1433 (Mitchell) - Incarcerated persons: contraceptive counseling and services

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1433 would provide specified incarcerated persons in state prisons or local detention facilities with access to contraceptive counseling services and birth control, as specified.

Fiscal Impact:

• State prisons: Future annual costs potentially in the range of $630,000 to in excess of $1 million (General Fund) for the California Correctional Health Care Services (CCHCS) to provide the counseling services and methods of birth control. Annual costs would fluctuate based on the inmate population trends and volume of requests for services and materials. The estimated costs assume 50 percent to 75 percent of eligible female inmates of reproductive age will be served. The 2016-17 Governor’s Budget includes funding of $632,000 for these services. To the extent the posting of information required by this bill results in greater awareness and participation, and the provision of services is not restricted to female inmates, future costs could increase significantly above the budgeted amount.
• Local detention facilities: Major costs potentially in the millions of dollars statewide, potentially state-reimbursable (General Fund) to provide detainees in local detention facilities, including county jails, with access to contraceptive counseling and the birth control method of their choice. For county jails alone, the latest Jail Profile Survey (April-June 2015) indicates an average daily population of over 9,600 females, and the provisions of this bill are not specifically restricted to females. Staff notes any increase in overall costs to local jails could potentially be subject to the provisions of Proposition 30* in lieu of mandate reimbursement.
• Proposition 30: Exempts the State from mandate reimbursement for realigned responsibilities for “public safety services” including the managing of local jails and the provision of treatment, services and supervision of juvenile and adult offenders. However, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for public safety services apply to local agencies only to the extent that the State provides annual funding for the cost increase. The provisions of Proposition 30 have not been interpreted through the formal court process to date, however, to the extent the local agency costs resulting from this measure are determined to be applicable under the provisions of Proposition 30, local agencies would not be obligated to provide the level of service required by the bill above the level for which funding is provided by the State.

Background:

Existing law provides that any female confined in a local detention facility or state prison be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system, as well as birth control measures as prescribed by her physician. Additionally, each female confined is to be furnished with information and education regarding the availability of family planning services. (Penal Code §§ 3409, 4023.5.)

The CCHCS recently established a Women’s Health Care Initiative that is responsible for ensuring that the health care of incarcerated female patients meets community standards. Among other findings, it was determined that family planning services at the California Institution for Women, the Central California Women’s Facility, and the newly established Folsom Women’s Facility needed enhancements in this area. As a result, the pharmaceutical budget proposed in the 2016-17 Governor’s Budget includes $632,000 in funding for birth control and contraception services for female patients who would benefit from their use. Effective use of family planning services will help to reduce the risks of unwanted pregnancies as a result of conjugal visits, as well as provide services for women nearing parole who are seeking assistance.

This bill seeks to codify the services provided in the 2016-17 Governor’s Budget and thereby make access to these services permanent. This bill additionally extends access to these services to incarcerated females in local detention facilities.

Proposed Law:

This bill would require any incarcerated person in state prison or a local detention facility who menstruates to, upon request, have access and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Additionally, this bill:

• Requires any incarcerated person who is capable of becoming pregnant to, upon request, have access and be allowed to obtain contraceptive counseling and their choice of birth control methods, as specified, unless medically contraindicated.
• Provides that all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited under existing law.
• Requires the CCHCS or the local detention facility to establish a formulary consisting of all FDA-approved birth control methods that shall be available to incarcerated persons. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method is required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. Specifies that persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
• Provides that any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided training in reproductive health care and shall be nondirective, unbiased, and noncoercive. These services shall be furnished by the facility or by any other agency which contracts with the facility.
• Requires health care providers furnishing contraceptive services to receive training in the following areas:
• The requirements of this section.
• Providing nondirective, unbiased, and noncoercive contraceptive counseling and services.
• Exempts from the training above any providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program.
• Requires any incarcerated person who is capable of becoming pregnant to be furnished by the facility with information and education regarding the availability of family planning services and their right to receive contraceptive counseling and services. Requires each facility to post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access.
• Requires contraceptive counseling and family planning services to be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.
• Defines “local detention facility” to mean any city, county, or regional facility used for the confinement of a person for more than 24 hours.
• Repeals existing PC §§ 3409 and 4023.5.

Staff Comments:

The 2016-17 Governor’s Budget includes $632,000 (General Fund) to support the provision of contraceptive counseling and birth control materials to inmates in state facilities. This funding level is estimated to support approximately 1,900 female inmates, which represents 50 percent of the female inmate population that is of reproductive age. The estimated future annual costs to serve inmates in state facilities would be dependent on the population trends for inmates in state prisons, the number of inmates electing to receive services and materials, and the cost to provide these services and medications. To the extent the eligible population remains fairly constant, annual costs would potentially increase above the budgeted amount both due to higher participation resulting from greater awareness of the availability of these services, as well as the potential for the cost of services and medications to increase over time.

As indicated in the Fiscal Impact section of this analysis, this bill creates a significant mandate on local detention facilities to provide specified services and materials, as well as requires the establishment of a formulary and training. While the fiscal impact cannot be estimated with certainty and would vary widely by county, the potential impacts are substantial given the number of local detention facilities that would be required to have this process in place. Staff notes the provisions of these services could potentially result in major future cost savings to the extent more positive long-term health outcomes result.

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: SB 1433 Hearing Date: April 19, 2016

Subject: Incarcerated Persons: Contraceptive Counseling and Services

HISTORY

Source: California Correctional Health Care Services (CCHCS)

Prior Legislation: None known

Support: American Civil Liberties Union; California Attorneys for Criminal Justice; Planned Parenthood Northern California Action Fund; Planned Parenthood Affiliates of California; Planned Parenthood Advocates Pasadena and San Gabriel Valley; Planned Parenthood Mar Monte; Planned Parenthood of Orange and San Bernardino Counties

Opposition: California Right to Life Committee, Inc. (CRLC); California State Sheriffs’ Association

PURPOSE

The purpose of this legislation is to provide inmates who menstruate with improved access to birth control, as specified.

Existing law requires that any female confined in any local detention facility, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. (Penal Code § 3409(a).)

Existing law requires that each and every female confined in any local detention facility be furnished by the county with information and education regarding the availability of family planning services. (Penal Code § 3409(b).)

Existing law requires family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date.  Upon request any woman inmate shall be furnished by the county with the services of a licensed physician or she shall be furnished by the county or by any other agency which contracts with the county with services necessary to meet her family planning needs at the time of her release. (Penal Code § 3409(c).)

Existing law requires that any woman inmate, upon her request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to her menstrual cycle and reproductive system and (2) birth control measures as prescribed by her physician. (Penal Code § 4023.5(a).)

Existing law requires that each and every woman inmate shall be furnished with information and education regarding the availability of family planning services. (Penal Code § 4023.5(b).)

Existing law requires that family planning services be offered to each and every woman inmate at least 60 days prior to a scheduled release date. Upon request any woman inmate shall be furnished by the department with the services of a licensed physician or she shall be furnished by the department or by any other agency which contracts with the department with services necessary to meet her family planning needs at the time of her release. (Penal Code § 4023.5(c).)

This bill repeals Penal Code sections 3409 and 4023.5.

This bill adds the following requirements:

• Any incarcerated person in state prison or a local detention facility who menstruates shall, upon request, have access and be allowed to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Any incarcerated person who is capable of becoming pregnant shall, upon request, have access and be allowed to obtain contraceptive counseling and their choice of birth control methods, as specified, unless medically contraindicated.
• Except as provided, all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by Section 3440.
• California Correctional Health Care Services or the local detention facility shall establish a formulary consisting of all FDA-approved birth control methods that shall be available to persons in this legislation. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing provider and approved by the chief medical physician at the institution. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
• Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant provided, shall be furnished by a licensed health care provider who has been provided training in reproductive health care and shall be nondirective, unbiased, and noncoercive. These services shall be furnished by the facility or by any other agency which contracts with the facility. Except as provided, health care providers furnishing contraceptive services shall receive training in the following areas:
  • The requirements of this section.
  • Providing nondirective, unbiased, and noncoercive contraceptive counseling and services.
• Providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program shall be deemed to have met the training requirements described.
• Any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access.
• Contraceptive counseling and family planning services shall be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date.

This bill is clear that its provisions are not to be construed to limit an incarcerated person’s access to any method of contraception that is prescribed or recommended for any medically indicated reason.

This bill defines a “local detention facility” as any city, county, or regional facility used for the confinement of a person for more than 24 hours.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Legislation

According to the author:

Penal Code (PC) Section 3409, which was added to law in 1972 and has not been updated since 1975, provided that incarcerated females would be allowed to continue to use birth control, among other provisions. Although existing law allows female inmates to have access to continued use of birth control, it does not specify that women who are not using birth control can have access to it upon request or can switch to a different contraception that suits their needs. Additionally, the California Department of Corrections and Rehabilitation (CDCR) allows conjugal visiting for eligible inmates. Therefore, it is important that the law be made clear that incarcerated females have access to birth control and family planning services upon request.

Recently, the California Correctional Health Care Services (CCHCS) established a Women’s Health Care Initiative that is responsible for ensuring that the health care needs of incarcerated females meet community standards. Among other findings, it was determined that family planning services at the California Institution for Women, the Central California Women’s Facility and the newly established Folsom Women’s Facility must be improved, and that the laws addressing health care needs of incarcerated females needed to be updated.

SB 1433 will require the California Department of Corrections and Rehabilitation (CDCR) and the California Correctional Health Care Services (CCHCS) to provide family planning services upon request, as well as provide that these services shall be offered between 180 to 60 days prior to an individual’s parole release date.

1. Effect of This Legislation

The American Civil Liberties Union of California recently issued a report relating to incarcerated women’s ability to access contraception.

Jails must allow women to continue taking any prescribed birth control methods, so that those methods are not interrupted during incarceration. Most policies we reviewed include language to this effect. Indeed, four of the five counties in our PRA sample had specific contraception continuation policies, whereas one county did not but had a general policy on continuation of prescription drugs and an intake screening process that required questions about whether the woman was taking any birth control medications.

California also requires jails to educate women about contraception and the availability of family planning services. Two of the five counties in our in PRA sample had policies that clearly complied with this requirement. One county simply did not address the issue. Another county said contraception counseling would be provided, but only if an incarcerated woman requested the information, thereby putting the onus on the incarcerated person not the jail. The final county addressed family planning education but only in its pregnancy policy, making it unclear whether only pregnant people get the counseling or all women do.

Jails must offer women contraceptive services within two months of release, according to the California Penal Code. At the time of release, if a woman requests family planning services, she is entitled to get those services. ACOG [American College of Obstetricians and Gynecologists] recommends that women should be allowed to initiate a new form of birth control at any point during their incarceration. Only two of the counties in our PRA sample clearly addressed the requirement of offering and providing contraceptives prior to release or initiating new birth control methods earlier than two months prior to release.

While, on paper, jails may be addressing their obligations with respect to contraception generally, their policies are insufficiently clear regarding a person’s need for emergency contraception or providing emergency contraception in a timely manner.

(Reproductive Health Behind Bars, Melissa Goodman, Ruth Dawson, and Phyllida Burlingame, American Civil Liberties Union of California, January 2016. [Footnotes Ommitted.])

This bill is intended to bring consistency and clarity to the Penal Code provisions relating to a female inmate’s access to contraception. Specifically, this bill ensures that incarcerated females have access to birth control and family planning services upon request. Given that this legislation provides that state prison inmates “shall have access to non-prescription birth control methods without the requirement to see a licensed health care provider,” it is not clear if this legislation is intended to ensure access to condoms. To the extent that is it, members may wish to consider how this legislation will interact with the law, which was added to the penal code in 2015, relating to providing condoms in state prisons:

Based on the recommendations contained in the "Evaluation of a Prisoner Condom Access Pilot Program Conducted in One California State Prison Facility" report, and in light of the successful pilot project conducted at California State Prison, Solano, the Department of Corrections and Rehabilitation shall develop a five-year plan to

expand the availability of condoms in all California prisons. (Penal Code § 6500.)

1. Argument in Opposition

According to the CRLC:

CRLC perceives that this bill is intended to provide Planned Parenthood access to a captive audience of inmates who are confined to detention facilities, the purpose being to expand their client base and pad their net profit. This has little to do with providing aid, or positive health care services to these women.

Further, CRLC believes that the basic intended cohort of detainees to whom they wish unrestrained access are juveniles detained in Juvenile detention facilities in order to encourage these adolescent boys and girls to always chose [sic] Planned Parenthood and its services before considering other medical agencies.

Planned Parenthood not only promotes itself as a major contraceptive distributing agency, but also desires to have the public think of it as a preferred and exclusive medical care provider to women and children, according to several websites.

The costs to the taxpayer of providing detention services and the basic needs of health care for prisoners should not be expanded merely to accommodate family planning entities. Many inmates of both juvenile and adult detention centers are there for brief periods of time. Their time should be directed to more beneficial activities that will help them return to society and independence.

Detention facilities are not maintained for the benefit of outside agencies, nor should its employees be considered to be agents for family planning sales and services.

-- END –