Existing law requires a person who is incarcerated in state prison or confined in a local detention facility, or a state or local juvenile facility, and who menstruates or experiences uterine or vaginal bleeding to, upon request, have access to, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons.

This bill would require the person to have ready access to these menstrual products without having to request them. By imposing additional duties on local detention facilities, 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 the statutory provisions noted above.

Existing law requires a person who is incarcerated in state prison or confined in a local detention facility, or a state or local juvenile facility, and who menstruates or experiences uterine or vaginal bleeding to, upon request, have access to, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons.

This bill would require the person to have ready access to these menstrual products without having to request them. By imposing additional duties on local detention facilities, 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 the statutory provisions noted above.

Existing law requires a person who is incarcerated in state prison or confined in a local detention facility, or a state or local juvenile facility, or a Division of Juvenile Justice facility, and who menstruates or experiences uterine or vaginal bleeding to, upon request, have access to, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons.

This bill would require the person to have ready access to these menstrual products without having to request them. By imposing additional duties on local detention facilities, 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 the statutory provisions noted above.

Existing law requires a person who is incarcerated in state prison or confined in a local detention facility, a state or local juvenile facility, or a Division of Juvenile Justice facility, and who menstruates or experiences uterine or vaginal bleeding to, upon request, have access to, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons.

This bill would require the person to have ready access to these menstrual products without having to request them. By imposing additional duties on local detention facilities, 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 the statutory provisions noted above.

Existing law requires a person who is incarcerated in state prison or confined in a local detention facility, a state or local juvenile facility, or a Division of Juvenile Justice facility, and who menstruates or experiences uterine or vaginal bleeding to, upon request, have access to, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons.

This bill would require the person to have ready access to these menstrual products without having to request them. By imposing additional duties on local detention facilities, 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 the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1810

Author:(Bryan and Bonta)

As Amended Ver:June 13, 2024

Majority vote

SUMMARY

Requires a person in a state prison, local detention facility, or state or local juvenile facility to have direct access to personal hygiene products and reproductive care without needing to request them.

Senate Amendments

1. Delete the section of the bill that references the Office of Youth and Community restoration.
2. Make technical, non-substantive changes.

COMMENTS

As Passed by The Assembly, this bill:

1. Removed the requirement that an incarcerated person in state prison who menstruates or experiences uterine or vaginal bleeding must ask for personal hygiene products relating to their menstrual cycle and reproductive system.
2. Required a person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person.
3. Provided that a person confined in a local detention facility must be offered family planning services at least 60 days prior to a scheduled release date.
4. Required a person confined in a state or local juvenile facility be allowed to continue the use of materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.
5. Provided that a person confined in a state or local juvenile facility must be offered family planning services at least 60 days prior to a scheduled release date.
6. Required a person confined in a county juvenile justice facility overseen by the Office of Youth and Community Restoration (OYCR) must be allowed to continue to use materials necessary for personal hygiene with regard to the person's menstrual cycle and reproductive system.
7. Made other technical and clarifying changes.

According to the Author

"Period products such as menstrual pads and tampons are a necessity for people who menstruate. Within our state correctional facilities, however, we limit access to these basic needs by requiring incarcerated people to request-- in many cases, beg-- their correctional officers for a pad or tampon. This has led to dehumanizing and unsafe conditions where incarcerated people have been forced to fashion period products out of toilet paper or bed sheets and wear bloodstained clothes between laundry days. There have been numerous reports of correctional officers leveraging access to menstrual products to sexually assault, mistreat, harass, or humiliate incarcerated people. This policy exacerbates the imbalance of power between incarcerated people and their jailers.

"AB 1810 will bring our state closer to menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons."

Arguments in Support

According to The Los Angeles Regional Reentry Partnership (LARRP), a co-sponsor of this bill, "Although the California state Penal Code currently requires carceral facilities to enable incarcerated individuals to ask for menstrual products, facilities often fall short in practice. By amending the language of the Penal Code to make items like tampons and pads accessible by default, as opposed to the current system whereby individuals must request these products, we will promote the dignity of those who are incarcerated and who experience menstrual or uterine bleeding. Enabling greater access to these items protects the privacy of incarcerated individuals, ensures their ability to manage their menstruation healthfully and hygienically, and allows incarcerated individuals to take care of bodily needs promptly and with their own best judgment.

"Enabling greater access to these items protects the privacy of incarcerated individuals, promotes their ability to manage their menstruation in a healthy manner, and permits them to attend to their bodily needs promptly and autonomously, mitigating potential health risks associated with inadequate menstrual care. Along those same lines, the bill updates the language of the Penal Code to be more inclusive of those who menstruate or experience vaginal or uterine bleeding, further ensuring that we are doing justice to the varied identities of those who are incarcerated."

Arguments in Opposition

According to The California Family Council, "On behalf of our tens of thousands of constituents, allied organizations, and over 2,000 churches across the state, the California Family Council is opposed to AB 1810, a bill requiring menstrual products and birth control to be available in adult and juvenile jails and prisons for both sexes."

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8 negligible state costs.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 71-0-9

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Cervantes, Megan Dahle, Essayli, Friedman, Gabriel, Gallagher, Holden, Mathis, Luz Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: June 13, 2024

CONSULTANT: Elizabeth Potter / PUB. S. / (916) 319-3744 FN: 0004205

 THIRD READING  

Bill No: AB 1810

Author: Bryan (D) and Bonta (D), et al.

Amended: 6/13/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/11/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 5/21/24 - See last page for vote

SUBJECT: Incarcerated persons: menstrual products

SOURCE: A New Way of Life

Los Angeles Regional Reentry Partnership

What We All Deserve

DIGEST:

This bill requires state prisons, local detention facilities, and juvenile facilities to make menstrual products readily accessible rather than providing them to an incarcerated person upon request.

ANALYSIS:

Existing law:

1. Requires that a person incarcerated in state prison who menstruates or experiences uterine or vaginal bleeding have, upon request, access to, and be allowed to use, materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pad and tampons, at no cost to the incarcerated person. (Pen. Code, § 3409, subd. (a).)
2. Requires any person confined in any local detention facility to be allowed, upon request, to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person. (Pen. Code, § 4023.5, subd. (a).)
3. Requires any female confined in a state or local juvenile facility upon her request be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system. (Welf. & Inst. Code, § 221, subd. (a).)
4. Requires any female confined in a Department of the Youth Authority facility, upon her request, be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system. (Welf. & Inst. Code, § 1753.7, subd. (a).)

This bill:

1. Removes the requirement that an incarcerated person in state prison who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.
2. Removes the requirement that a person confined in a local detention facility who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.
3. Removes the requirement that a person confined in a state or local juvenile facility who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.
4. Removes the requirement that a person confined in a county juvenile justice facility overseen by the Office of Youth and Community Restoration who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.
5. Makes other technical and conforming changes.

Background

Current law requires that all incarcerated individuals in state, local detention, and juvenile facilities must have, upon request, access to personal care and hygiene products, such as tampons and sanitary napkins. However, a recent report by the California Department of Justice (DOJ) found that many county jails were not fully compliant with existing law.

In examining the extent to which county jails were providing for the reproductive health care rights of the incarcerated population, DOJ reviewed the jail manuals of 53 of the state’s 58 counties for compliance with state law in seven reproductive health policy areas, including menstrual products, pregnancy testing, birth control, and choice of provider, among others. (DOJ, Report on Reproductive Health Access in California County Jails (Aug. 2023), p. 2 available at <https://oag.ca.gov/system/files/media/reproductive-healthcare-jails-report-082023.pdf .) Among the key findings:

Counties’ menstrual products policies were generally the least compliant of the seven policy areas, as the policies frequently contained ambiguities about whether inmates were required to pay for menstrual products. State law requires that menstrual products be made available at no cost for menstruating prisoners, regardless of indigence or length of time jailed. (Ibid.)

In evaluating each county’s menstrual product policy, DOJ reviewed whether a county policy indicated that an incarcerated person must be provided with menstrual products upon request, including, but not limited to, sanitary pads and tampons, and that menstrual products are provided free of charge to all incarcerated individuals regardless of indigency status or length of time incarcerated. (Id. at p. 14.) The report included the following definitions regarding a county jail policy’s compliance with state law:

A “fully compliant” policy had no deficiencies or omissions in either of these categories. A “mostly compliant” policy was ambiguous as to whether anyone can be charged for menstrual products. A “somewhat compliant” policy clearly charged inmates (either all inmates or those who are not indigent) for menstrual products. And a policy that was “not compliant” had deficiencies or omissions in both categories. (Id. at p. 15.)

Following its review, DOJ issued corrective letters to 53 counties, and 51 had come into compliance by the time the report was issued. (Id. at p. 2)

The California Department of Corrections and Rehabilitation (CDCR) has indicated that personal hygiene products are regularly available in state facilities without a formal request from an incarcerated person.

This bill removes the requirement that a person incarcerated in state prison, or confined in a local detention facility or a state or local juvenile facility, must request personal hygiene products.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/21/24)

A New Way of Life (co-source)

Los Angeles Regional Reentry Partnership (co-source)

What We All Deserve (co-source)

ACLU California Action
Alliance for Period Supplies
American Association of University Women - California
American College of Obstetricians and Gynecologists District IX
California Academy of Family Physicians
California Alliance of Child and Family Services
California Attorneys for Criminal Justice
California Federation of Techers, AFT, AFL-CIO

California Public Defenders Association
California Teachers Association
Culver City Democratic Club
Ella Baker Center for Human Rights
GLIDE
GRIP Training Institute
Initiate Justice
Initiate Justice Action
La Defensa
Pacific Juvenile Defender Center
Period.
Period@sacramento
Planned Parenthood Affiliates of California
Santa Monica Democratic Club
Transformative Programming Works
Westchester/Playa Democratic Club
Western Center on Law & Poverty

OPPOSITION: (Verified 6/21/24)

None received

ASSEMBLY FLOOR: 71-0, 5/21/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Megan Dahle, Essayli, Friedman, Gabriel, Gallagher, Holden, Mathis, Luz Rivas

Prepared by: Stephanie Jordan / PUB. S. /

6/25/24 13:06:30

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 1810 Hearing Date: June 11, 2024

Subject: Incarcerated persons: menstrual products

HISTORY

Source: A New Way of Life

Los Angeles Regional Reentry Partnership

What We All Deserve

Prior Legislation: AB 732 (Bonta), Ch. 321, Stats. 2020

AB 1239 (Fong), Ch. 1104, Stats. 1972

Support: ACLU California Action; American Association of University Women – California; American College of Obstetricians and Gynecologists District IX; California Alliance of Child and Family Services; California Attorneys for Criminal Justice; California Public Defenders Association; California Teachers Association; Culver City Democratic Club; Ella Baker Center for Human Rights; GLIDE; GRIP Training Institute; Initiate Justice; Initiate Justice Action; La Defensa; Pacific Juvenile Defender Center; Planned Parenthood Affiliates of California; Santa Monica Democratic Club

Opposition: None known

Assembly Floor Vote: 71 - 0

PURPOSE

The purpose of this bill is to require state prisons, local detention facilities, and juvenile facilities to make menstrual products readily accessible rather than providing them to an incarcerated person upon request.

Existing law requires that a person incarcerated in state prison who menstruates or experiences uterine or vaginal bleeding have, upon request, access to, and be allowed to use, materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pad and tampons, at no cost to the incarcerated person. (Pen. Code, § 3409, subd. (a).)

Existing law requires any person confined in any local detention facility to be allowed, upon request, to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person. (Pen. Code, § 4023.5, subd. (a).)

Existing law requires any female confined in a state or local juvenile facility upon her request be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system. (Welf. & Inst. Code, § 221, subd. (a).)

Existing law requires any female confined in a Department of the Youth Authority facility, upon her request, be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system. (Welf. & Inst. Code, § 1753.7, subd. (a).)

This bill removes the requirement that an incarcerated person in state prison who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.

This bill removes the requirement that a person confined in a local detention facility who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.

This bill removes the requirement that a person confined in a state or local juvenile facility who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.

This bill removes the requirement that a person confined in a county juvenile justice facility overseen by the Office of Youth and Community Restoration who menstruates or experiences uterine or vaginal bleeding must request personal hygiene products relating to their menstrual cycle and reproductive system, and instead requires that the person have ready access to those products.

This bill makes other technical and conforming changes.

COMMENTS

1. Need For This Bill

According to the author:

Period products such as menstrual pads and tampons are a necessity for people who menstruate. Within our state correctional facilities, however, we limit access to these basic needs by requiring incarcerated people to request-- in many cases, beg-- their correctional officers for a pad or tampon. This has led to dehumanizing and unsafe conditions where incarcerated people have been forced to fashion period products out of toilet paper or bed sheets and wear bloodstained clothes between laundry days. There have been numerous reports of correctional officers leveraging access to menstrual products to sexually assault, mistreat, harass, or humiliate incarcerated people. This policy exacerbates the imbalance of power between incarcerated people and their jailers.

AB 1810 will bring our state closer to menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons.

1. Existing Access to Hygiene Products for Incarcerated Persons

Current law requires that all incarcerated individuals in state, local detention, and juvenile facilities must have, upon request, access to personal care and hygiene products, such as tampons and sanitary napkins. However, a recent report by the California Department of Justice (DOJ) found that many county jails were not fully compliant with existing law.

In examining the extent to which county jails were providing for the reproductive health care rights of the incarcerated population, DOJ reviewed the jail manuals of 53 of the state’s 58 counties for compliance with state law in seven reproductive health policy areas, including menstrual products, pregnancy testing, birth control, and choice of provider, among others. (DOJ, Report on Reproductive Health Access in California County Jails (Aug. 2023), p. 2 available at <https://oag.ca.gov/system/files/media/reproductive-healthcare-jails-report-082023.pdf>.) Among the key findings:

Counties’ menstrual products policies were generally the least compliant of the seven policy areas, as the policies frequently contained ambiguities about whether inmates were required to pay for menstrual products. State law requires that menstrual products be made available at no cost for menstruating prisoners, regardless of indigence or length of time jailed. (Ibid.)

In evaluating each county’s menstrual product policy, DOJ reviewed whether a county policy indicated that an incarcerated person must be provided with menstrual products upon request, including, but not limited to, sanitary pads and tampons, and that menstrual products are provided free of charge to all incarcerated individuals regardless of indigency status or length of time incarcerated. (Id. at p. 14.) The report included the following definitions regarding a county jail policy’s compliance with state law:

A “fully compliant” policy had no deficiencies or omissions in either of these categories. A “mostly compliant” policy was ambiguous as to whether anyone can be charged for menstrual products. A “somewhat compliant” policy clearly charged inmates (either all inmates or those who are not indigent) for menstrual products. And a policy that was “not compliant” had deficiencies or omissions in both categories. (Id. at p. 15.)

Following its review, DOJ issued corrective letters to 53 counties, and 51 had come into compliance by the time the report was issued. (Id. at p. 2)

The California Department of Corrections and Rehabilitation (CDCR) has indicated that personal hygiene products are regularly available in state facilities without a formal request from an incarcerated person.

This bill removes the requirement that a person incarcerated in state prison, or confined in a local detention facility or a state or local juvenile facility, must request personal hygiene products.

1. Amendment

The author plans to amend the bill to remove section 4 of the bill which amends Welfare and Institutions Code section 1753.7. Section 1753.7 applies to state-operated juvenile facilities which no longer exist following the closure of the Division of Juvenile Justice. Moreover, section 3 of the bill which amends Welfare and Institutions Code section 221 applies to state and local juvenile facilities.

1. Argument in Support

The American College of Obstetricians and Gynecologists District IX writes:

For incarcerated individuals, ACOG has long advocated for preventative, behavioral health, and pregnancy-related care, reentry services, and access to necessities such as menstrual products. As most incarcerated people are younger than age 45, many of them who may menstruate will menstruate while incarcerated. Menstrual products should be stocked in adequate supply and available to incarcerated individuals at no cost and free of barriers.

AB 1810 strongly promotes menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1810

Author:(Bryan and Bonta)

As Amended Ver:February 21, 2024

Majority vote

SUMMARY

Requires a person in a state prison, local detention facility, or state or local juvenile facility to have direct access to personal hygiene products and reproductive care without needing to request them.

Major Provisions

1. Removes the requirement that an incarcerated person in state prison who menstruates or experiences uterine or vaginal bleeding must ask for personal hygiene products relating to their menstrual cycle and reproductive system.
2. Requires a person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person.
3. Provides that a person confined in a local detention facility must be offered family planning services at least 60 days prior to a scheduled release date.
4. Requires a person confined in a state or local juvenile facility be allowed to continue the use of materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.
5. Provides that a person confined in a state or local juvenile facility must be offered family planning services at least 60 days prior to a scheduled release date.
6. Requires a person confined in a county juvenile justice facility overseen by the Office of Youth and Community Restoration (OYCR) must be allowed to continue to use materials necessary for personal hygiene with regard to the person's menstrual cycle and reproductive system.
7. Makes other technical and clarifying changes.

COMMENTS

According to the Author

"Period products such as menstrual pads and tampons are a necessity for people who menstruate. Within our state correctional facilities, however, we limit access to these basic needs by requiring incarcerated people to request-- in many cases, beg-- their correctional officers for a pad or tampon. This has led to dehumanizing and unsafe conditions where incarcerated people have been forced to fashion period products out of toilet paper or bed sheets and wear bloodstained clothes between laundry days. There have been numerous reports of correctional officers leveraging access to menstrual products to sexually assault, mistreat, harass, or humiliate incarcerated people. This policy exacerbates the imbalance of power between incarcerated people and their jailers.

"AB 1810 will bring our state closer to menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons."

Arguments in Support

According to The Los Angeles Regional Reentry Partnership (LARRP), a co-sponsor of this bill, "Although the California state Penal Code currently requires carceral facilities to enable incarcerated individuals to ask for menstrual products, facilities often fall short in practice. By amending the language of the Penal Code to make items like tampons and pads accessible by default, as opposed to the current system whereby individuals must request these products, we will promote the dignity of those who are incarcerated and who experience menstrual or uterine bleeding. Enabling greater access to these items protects the privacy of incarcerated individuals, ensures their ability to manage their menstruation healthfully and hygienically, and allows incarcerated individuals to take care of bodily needs promptly and with their own best judgment.

"Enabling greater access to these items protects the privacy of incarcerated individuals, promotes their ability to manage their menstruation in a healthy manner, and permits them to attend to their bodily needs promptly and autonomously, mitigating potential health risks associated with inadequate menstrual care. Along those same lines, the bill updates the language of the Penal Code to be more inclusive of those who menstruate or experience vaginal or uterine bleeding, further ensuring that we are doing justice to the varied identities of those who are incarcerated.

Arguments in Opposition

According to The California Family Council, "On behalf of our tens of thousands of constituents, allied organizations, and over 2,000 churches across the state, the California Family Council is opposed to AB 1810, a bill requiring menstrual products and birth control to be available in adult and juvenile jails and prisons for both sexes."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (General Fund) to the California Department of Corrections and Rehabilitation (CDCR), possibly in the tens of thousands of dollars annually, if this bill increases the number of menstrual products used by people incarcerated in CDCR facilities. CDCR reports it already provides ready access to menstrual products in its facilities and would not incur implementation costs due to this bill. To the extent the bill increases the number of menstrual products used in CDCR facilities because the products are more readily available than is required by existing law, CDCR may incur some ongoing costs to provide more products. The actual number of menstrual products needed per year and the cost per product is unknown. Assuming about 3,000 incarcerated people who use menstrual products on a monthly basis and a per-product cost of $0.13, existing annual costs for menstrual products is about $140,000. If use of menstrual products within CDCR increased by 10% because incarcerated people had more direct access to the products as a result of this bill, the resulting increased annual cost to CDCR would be about $14,000.
2. Unknown, possibly reimbursable costs (local funds, General Fund) to counties to provide ready access to menstrual products in county jail and juvenile detention facilities. Some facilities already provide ready access to menstrual products; others may incur one-time costs for new dispensers. County facilities may also experience an increase in ongoing costs, as described above, if the bill increases the number of menstrual products used in those facilities. The actual number of people incarcerated in county facilities who use menstrual products is unknown but, given the number of facilities affected by this bill, total costs statewide will likely exceed this committee's suspense threshold. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: February 21, 2024

CONSULTANT: Elizabeth Potter / PUB. S. / (916) 319-3744 FN: 0003119

Date of Hearing: March 20, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1810

Author:(Bryan) – As Amended Ver:February 21, 2024

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

SUMMARY:

This bill requires each state prison, local detention facility, state or local juvenile facility, and county juvenile justice facility overseen by the Office of Youth and Community Restoration to provide ready access to menstrual products without requiring an incarcerated or detained person to request them.

FISCAL EFFECT:

1. Costs (General Fund) to the California Department of Corrections and Rehabilitation (CDCR), possibly in the tens of thousands of dollars annually, if this bill increases the number of menstrual products used by people incarcerated in CDCR facilities. CDCR reports it already provides ready access to menstrual products in its facilities and would not incur implementation costs due to this bill. To the extent the bill increases the number of menstrual products used in CDCR facilities because the products are more readily available than is required by existing law, CDCR may incur some ongoing costs to provide more products. The actual number of menstrual products needed per year and the cost per product is unknown. Assuming about 3,000 incarcerated people who use menstrual products on a monthly basis and a per-product cost of $0.13, existing annual costs for menstrual products is about $140,000. If use of menstrual products within CDCR increased by 10% because incarcerated people had more direct access to the products as a result of this bill, the resulting increased annual cost to CDCR would be about $14,000.
2. Unknown, possibly reimbursable costs (local funds, General Fund) to counties to provide ready access to menstrual products in county jail and juvenile detention facilities. Some facilities already provide ready access to menstrual products; others may incur one-time costs for new dispensers. County facilities may also experience an increase in ongoing costs, as described above, if the bill increases the number of menstrual products used in those facilities. The actual number of people incarcerated in county facilities who use menstrual products is unknown but, given the number of facilities affected by this bill, total costs statewide will likely exceed this committee’s suspense threshold. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

There have been numerous reports of correctional officers leveraging access to menstrual products to sexually assault, mistreat, harass, or humiliate incarcerated people. This policy exacerbates the imbalance of power between incarcerated people and their jailers.

AB 1810 will bring our state closer to menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons.

1. Background. Existing law requires state prisons, county jails, and juvenile detention facilities to provide, at no cost, personal hygiene products like sanitary pads and tampons to incarcerated people for their menstrual cycles or reproductive systems. This bill requires these facilities to go one step further and provide “ready access” to menstrual products – meaning that the products must be freely accessible by incarcerated people, rather than available upon request to the staff.

As noted above, county jails and juvenile facilities may incur some costs in complying with this bill’s requirements. According to a 2023 report on reproductive healthcare access in county jails, the Department of Justice (DOJ) surveyed county jail facility manuals to determine whether they reflected existing law – specifically, that incarcerated people should be provided with menstrual products upon request and whether menstrual products were provided free of charge to all incarcerated people. DOJ found that “[o]f the 53 facility manuals evaluated, only 10 were ‘fully compliant’ with California law [regarding access to menstrual products]. Notably, 25 county manuals were ‘not compliant’ with the law.” Since it appears that many county jail facilities are not currently in compliance with existing law in this area, it is reasonable to expect that they will incur additional costs in fulfilling the requirements of this bill, which makes menstrual products even more directly available to the incarcerated population.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: February 27, 2024

Consultant: Elizabeth Potter

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY: Requires a person in a state prison, local detention facility, or state or local juvenile facility to have direct access to personal hygiene products and reproductive care without needing to request them. Specifically, this bill:

1. Removes the requirement that an incarcerated person in state prison who menstruates or experiences uterine or vaginal bleeding must ask for personal hygiene products relating to their menstrual cycle and reproductive system.
   
2. Requires a person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person.
   
3. Provides that a person confined in a local detention facility must be offered family planning services at least 60 days prior to a scheduled release date.
   
4. Requires a person confined in a state or local juvenile facility be allowed to continue the use of materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.
   
5. Provides that a person confined in a state or local juvenile facility must be offered family planning services at least 60 days prior to a scheduled release date.
   
6. Requires a person confined in a county juvenile justice facility overseen by the Office of Youth and Community Restoration (OYCR) must be allowed to continue to use materials necessary for personal hygiene with regard to the person’s menstrual cycle and reproductive system.
   
7. Makes other technical and clarifying changes.
   

EXISTING LAW:

1. States that a person incarcerated in state prison who menstruates or experiences uterine or vaginal bleeding 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, including, but not limited to, sanitary pad and tampons, at no cost to the incarcerated person. (Pen. Code, § 3409, subd. (a).)
   
2. Requires any person incarcerated in state prison who is capable of becoming pregnant to, upon request, have access to, and be allowed to obtain, contraceptive counseling and their choice of birth control methods, subject to provisions, as specified, unless medically contraindicated. (Pen. Code, § 3409, subd. (a).)
   
3. Requires any person confined in any local detention facility to, upon request, be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person. (Pen. Code, § 4023.5, subd. (a).)
   
4. Requires any person confined in any local detention facility to upon request, be allowed to use for birth control measures as prescribed by a physician, nurse practitioner, certified nurse midwife, or physician assistant. (Pen. Code, § 4023.5, subd. (a).)
   
5. Requires each and every person confined in any local detention facility to be furnished by the county with information and education regarding the availability of family planning services. (Pen. Code, § 4023.5, subd. (b).)
   
6. Requires family planning services be offered to each and every incarcerated person at least 60 days prior to a scheduled release date. Upon request, any incarcerated person shall be furnished by the county with the services of a licensed physician or they shall be furnished by the county or by any other agency which contracts with the county with services necessary to meet their family planning needs at the time of their release. (Pen. Code, § 4023.5, subd. (c).)
   
7. States that a “local detention facility” means any city, county, or regional facility used for the confinement of any prisoner for more than 24 hours. (Pen. Code, § 4023.5, subd. (d).)
   
8. Requires any female confined in a state or local juvenile facility upon her request be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system, and birth control measures as prescribed by her physician. (Welf. & Inst. Code, § 221, subd. (a).)
   
9. Requires any female confined in a state or local juvenile facility , upon her request, be furnished by the confining state or local agency with information and education regarding prescription birth control measures. (Welf. & Inst. Code, § 221, subd. (b).)
   
10. Requires family planning services to be offered to each and every woman incarcerated person at least 60 days prior to a scheduled release date. Upon request, any woman incarcerated person shall be furnished by the confining state or local agency with the services of a licensed physician, or she shall be furnished by the confining state or local agency or by any other agency which contracts with the confining state or local agency, with services necessary to meet her family planning needs at the time of her release. (Welf. & Inst. Code, § 221, subd. (c).)
    
11. States that “local juvenile facility” means any city, county, or regional facility used for the confinement of juveniles for more than 24 hours. (Welf. & Inst. Code, § 221, subd. (d).)
    
12. Requires any female confined in a Department of the Youth Authority facility, upon her request, be allowed to continue to use materials necessary for personal hygiene with regard to her menstrual cycle and reproductive system, and birth control measures as prescribed by her physician. (Welf. & Inst. Code, § 1753.7, subd. (a).)
    
13. Requires any female confined in a Department of the Youth Authority facility, upon her request, be furnished by the department with information and education regarding prescription birth control measures. (Welf. & Inst. Code, § 1753.7, subd. (b).)
    
14. Requires family planning services shall be offered to each and every female confined in a Department of Youth Authority facility at least 60 days prior to a scheduled release date. Upon request, any such female 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. (Welf. & Inst. Code, § 1753.7, subd. (c).)
    

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “Period products such as menstrual pads and tampons are a necessity for people who menstruate. Within our state correctional facilities, however, we limit access to these basic needs by requiring incarcerated people to request-- in many cases, beg-- their correctional officers for a pad or tampon. This has led to dehumanizing and unsafe conditions where incarcerated people have been forced to fashion period products out of toilet paper or bed sheets and wear bloodstained clothes between laundry days. There have been numerous reports of correctional officers leveraging access to menstrual products to sexually assault, mistreat, harass, or humiliate incarcerated people. This policy exacerbates the imbalance of power between incarcerated people and their jailers.
   
   “AB 1810 will bring our state closer to menstrual health equity by requiring that menstrual products are free and readily available for people who need them, without the need to request access from correctional officers. This will remove a dangerous barrier for people who menstruate and allow them timely access to menstrual pads or tampons.”
   
2. Current Access to Hygiene and Reproductive Care for Incarcerated Persons: While current law requires that all incarcerated persons must have, upon request, access to personal care and hygiene products, such as tampons and sanitary napkins, a recent report by the California Department of Justice (DOJ) found a wide range of access throughout most of the counties. Counties were evaluated by their jail detention policies.
   
   According to the DOJ report, “Of the 53 manuals evaluated, only 10 were ‘fully compliant’ with California law. Notably, 25 county manuals were ‘not compliant’ with the law. ‘Fully compliant’ manuals had clear language about sanitary napkins, tampons, and panty liners and specified that they were available on request as needed and at no charge for all inmates. Some manuals improperly imposed indigence requirements for cost-free access to menstrual products or only provided them for inmates incarcerated for longer than 24 hours.” (Reproductive Healthcare in Jails Report, [as of Feb 9, 2024] at p. 15.)
   
   This bill seeks to remove the requirement that an incarcerated person in state prison or local facility, or, a person confined to a state or local juvenile facility, must request personal hygiene products.
   
   This committee has been informed by the California Department of Corrections and Rehabilitation (CDCR), that in state facilities, personal hygiene products are regularly available without a formal request from an incarcerated person.
   
   This bill would require facilities overseen by the OYCR to provide menstruation hygiene products to juveniles in custody. However, Section 3 of this bill arguably covers any juvenile facility. Therefore, Section 4 seems unnecessary and should arguably be stricken in its entirety.
   
3. Argument in Support: According to The Los Angeles Regional Reentry Partnership (LARRP), a co-sponsor of this bill, “Although the California state Penal Code currently requires carceral facilities to enable incarcerated individuals to ask for menstrual products, facilities often fall short in practice. By amending the language of the Penal Code to make items like tampons and pads accessible by default, as opposed to the current system whereby individuals must request these products, we will promote the dignity of those who are incarcerated and who experience menstrual or uterine bleeding. Enabling greater access to these items protects the privacy of incarcerated individuals, ensures their ability to manage their menstruation healthfully and hygienically, and allows incarcerated individuals to take care of bodily needs promptly and with their own best judgment.
   
   “Enabling greater access to these items protects the privacy of incarcerated individuals, promotes their ability to manage their menstruation in a healthy manner, and permits them to attend to their bodily needs promptly and autonomously, mitigating potential health risks associated with inadequate menstrual care. Along those same lines, the bill updates the language of the Penal Code to be more inclusive of those who menstruate or experience vaginal or uterine bleeding, further ensuring that we are doing justice to the varied identities of those who are incarcerated.
   
4. Argument in Opposition: According to The California Family Council, “On behalf of our tens of thousands of constituents, allied organizations, and over 2,000 churches across the state, the California Family Council is opposed to AB 1810, a bill requiring menstrual products and birth control to be available in adult and juvenile jails and prisons for both sexes.”
   
5. Prior Legislation:
   
   1. SB 1433 (Mitchell), Chapter 311, Statutes of 2016, 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.
      
   2. AB 732 (Bonta), Chapter 321, Statutes of 2020, requires specified medical treatment and services for county jail and state prison inmates who are pregnant, and requires that incarcerated persons be provided with materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, upon request.
      

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life Reentry Project
ACLU California Action
Alliance for Period Supplies
Amity Foundation
California Attorneys for Criminal Justice
California Pan - Ethnic Health Network
California Public Defenders Association
Chrysalis Center, the
Culver City Democratic Club
Days for Girls International
Ella Baker Center for Human Rights
Fresh Lifelines for Youth
Homeless Health Care Los Angeles
Initiate Justice (UNREG)
Initiate Justice Action
Legal Services for Prisoners With Children
Los Angeles Regional Reentry Partnership (LARRP)
San Francisco Public Defender
Sister Warriors Freedom Coalition
Ssg-hopics
The Transformative In-prison Workgroup
Western Center on Law & Poverty, INC.
What We All Deserve (WWAD)
Young Women's Freedom Center

Oppositon

California Family Council

Analysis Prepared by: