Existing law, until January 1, 2028, requires the Department of Corrections and Rehabilitation to maintain canteens at its facilities, and limits the sale price of items to 35% markup above the amount paid to the vendor. Commencing January 1, 2028, existing law requires the sale prices in the canteen to be set by the Secretary of the Department of Corrections and Rehabilitation so the canteen will be self-supporting. Existing law requires the department to sell, among other things, toilet articles, candy, notions, and other sundries at the canteens. Existing law authorizes the sheriff of each county to establish, maintain, and operate a store within a jail where inmates may purchase certain goods, articles, and supplies.

This bill, the Culturally Competent Hair Care Act, would, commencing January 1, 2028, require the department, and local jail and detention facilities if they have a store, to additionally provide sulfate-free shampoos and conditioners, curl creams, and gel.

This bill would also make related findings and declarations.

Existing law, until January 1, 2028, requires the Department of Corrections and Rehabilitation to maintain canteens at its facilities, and limits the sale price of items to 35% markup above the amount paid to the vendor. Commencing January 1, 2028, existing law requires the sale prices in the canteen to be set by the Secretary of the Department of Corrections and Rehabilitation so the canteen will be self-supporting. Existing law requires the department to sell, among other things, toilet articles, candy, notions, and other sundries at the canteens. Existing law authorizes the sheriff of each county to establish, maintain, and operate a store within a jail where inmates may purchase certain goods, articles, and supplies.

This bill, the Culturally Competent Hair Care Act, would, commencing January 1, 2028, require the department, and local jail and detention facilities if they have a store, to additionally provide sulfate-free shampoos and conditioners, curl creams, and gel.

This bill would also make related findings and declarations.

Existing law, until January 1, 2028, requires the Department of Corrections and Rehabilitation to maintain canteens at its facilities, and limits the sale price of items to 35% markup above the amount paid to the vendor. Commencing January 1, 2028, existing law requires the sale prices in the canteen to be set by the Secretary of the Department of Corrections and Rehabilitation so the canteen will be self-supporting. Existing law requires the department to sell, among other things, toilet articles, candy, notions, and other sundries at the canteens. Existing law authorizes the sheriff of each county to establish, maintain, and operate a store within a jail where inmates may purchase certain goods, articles, and supplies.

This bill, the Culturally Competent Hair Care Act, would, commencing January 1, 2028, require the department, and local jail and detention facilities if they have a store, to additionally provide sulfate-free shampoos and conditioners, curl creams, and gel.

This bill would also make related findings and declarations.

 CONSENT  

Bill No: AB 1875

Author: McKinnor (D), et al.

Introduced: 1/22/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-0, 5/28/24

AYES: Wahab, Seyarto, Skinner, Wiener

NO VOTE RECORDED: Bradford

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 4/4/24 (Consent) - See last page for vote

SUBJECT: Prisons: canteens

SOURCE: Beauty Beyond Bars

DIGEST:

This bill requires each county jail canteen and each state prison canteen to sell sulfate-free shampoos, conditions, curl creams, and gel beginning January 1, 2028.

ANALYSIS:

Existing law:

1. Authorizes the sheriff of each county to establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to the incarcerated individuals in the jail. (Penal Code (Pen. Code) § 4025, subd. (a)) 
2. Requires the sale prices of the articles offered for sale at the store to be fixed by the sheriff. Requires any profit to be deposited in an inmate welfare fund to be kept in the treasury of the county. (Pen. Code § 4025, subd. (b)) 
3. Requires CDCR to maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, and to provide the necessary facilities, equipment, personnel, and merchandise for the canteen. (Pen. Code § 5005, subd. (a))
4. Requires the secretary to specify what commodities are sold in the canteen. Requires, until January 1, 2028, the prices of the articles offered for sale in the canteen not to exceed a 35-percent markup above the amount paid to the vendors. Requires, commencing January 1, 2028, the sale prices of the articles offered for sale to be fixed by the secretary at the amounts that will, as far as possible, render each canteen self-supporting. (Pen. Code § 5005, subd. (a))
5. Requires CDCR to undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund, as provided. (Pen. Code § 5005, subd. (b))
6. Requires the canteen operations at any prison or institution to be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution to prepare a statement of operations. Requires at least one copy of any audit report or statement of operations to be posted at the canteen and at least one copy to be available to incarcerated persons at the library of each prison or institution. (Pen. Code § 5005, subd. (c))

This bill:

1. Requires each county jail canteen and each state prison canteen to sell sulfate-free shampoos, conditions, curl creams, and gel beginning January 1, 2028.
2. Includes uncodified findings and declarations.

Background

Existing law requires CDCR to maintain and operate a canteen at the state’s active prisons where the incarcerated population can purchase toiletries, stationery, snacks, and other personal items. (Pen. Code § 5005) According to CDCR, the canteens operating in the department’s institutions have increasingly become a resource for the delivery of programs which benefit incarcerated individuals. (Department of Corrections and Rehabilitation, Budget Change Proposal - Increased Canteen Resources (Jan. 10, 2021) available at <https://esd.dof.ca.gov/‌Documents‌/bcp/‌212‌2/FY2122‌_ORG5225_‌BCP4089.pdf .) For example, in collaboration with the California Correctional Health Care System, the canteens are now the distribution point for over-the-counter medications, reading glasses, and healthier food items, such as yogurt, fish, and vegetables (Ibid.) In addition, department regulations require staff at each CDCR facility to consult with representatives of the incarcerated population when determining items to be stocked in the canteen. (Cal. Code Regs., tit. 15, § 3090, subd. (a))

Existing law authorizes county jails to operate canteens. (Pen. Code § 4025) The sheriff at each jail is permitted to purchase and sell confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies to people incarcerated in the jail. (Ibid.)

Sulfates are detergents commonly found in personal care products, such as shampoo, body wash, and face cleanser. Sulfates act to remove dirt, oil, and other product residues from the surface that they are applied to. In addition, they have properties that enable the product in which the sulfates are contained to lather. However, sulfates can be damaging to hair by stripping it of its natural oils, and can cause dryness and irritation on the scalp and skin. Sulfates can be particularly damaging to hair that is more fragile and prone to dryness due to the nature of the curl pattern and differences in the hair shaft. (St. George’s University Hospitals, Afro-textured hair (Feb. 2022), p. 1 available at <https://www.st‌georges.‌nhs.uk/wp-content‌/uploads/2022/0‌2/DE‌R_‌ATH.p‌df .)

This bill would require, beginning on January 1, 2028, canteens at both CDCR and county jails to sell sulfate-free shampoos and conditioners, curl creams and gel. For canteens at CDCR facilities, the Secretary would fix the sale price of these products, in an amount that will render the canteen self-supporting, and for canteens at county jails, the sheriff would fix the sale price of these products. (Pen. Code §§ 5005, subd. (a), 4025, subd. (b))

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

SUPPORT: (Verified 6/10/24)

Beauty Beyond Bars (source)

California Immigrant Policy Center
California Public Defenders Association
Ella Baker Center for Human Rights
Initiate Justice
Westchester/playa Democratic Club

OPPOSITION: (Verified 6/10/24)

None received

ASSEMBLY FLOOR: 70-0, 4/4/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Davies, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, 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, Chen, Megan Dahle, Dixon, Vince Fong, Hoover, Lee, Mathis, McCarty, Stephanie Nguyen

Prepared by: Stephanie Jordan / PUB. S. /

6/11/24 14:54:23

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 1875 Hearing Date: May 28, 2024

Subject: Prisons: canteens

HISTORY

Source: Beauty Beyond Bars

Prior Legislation: AB 353 (Jones-Sawyer), Ch. 429, Stats. 2023

SB 474 (Becker), Ch. 609, Stats. 2023

AB 732 (Bonta), Ch. 321, Stats. 2020

SB 188 (Mitchell), Ch. 58, Stats. 2019

SB 1433 (Mitchell), Ch. 311, Stats. 2016

Support: California Immigrant Policy Center; California Public Defenders Association; Initiate Justice

Opposition: None known

Assembly Floor Vote: 70 - 0

PURPOSE

The purpose of this bill is to require each county jail canteen and each state prison canteen to sell sulfate-free shampoos, conditions, curl creams, and gel beginning January 1, 2028.

Existing law authorizes the sheriff of each county to establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to the incarcerated individuals in the jail. (Pen. Code, § 4025, subd. (a).) 

Existing law requires the sale prices of the articles offered for sale at the store to be fixed by the sheriff. Requires any profit to be deposited in an inmate welfare fund to be kept in the treasury of the county. (Pen. Code, § 4025, subd. (b).) 

Existing law requires CDCR to maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, and to provide the necessary facilities, equipment, personnel, and merchandise for the canteen. (Pen. Code, § 5005, subd. (a).)

Existing law requires the secretary to specify what commodities are sold in the canteen. Requires, until January 1, 2028, the prices of the articles offered for sale in the canteen not to exceed a 35-percent markup above the amount paid to the vendors. Requires, commencing January 1, 2028, the sale prices of the articles offered for sale to be fixed by the secretary at the amounts that will, as far as possible, render each canteen self-supporting. (Pen. Code, § 5005, subd. (a).)

Existing law requires CDCR to undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund, as provided. (Pen. Code, § 5005, subd. (b).)

Existing law requires the canteen operations at any prison or institution to be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution to prepare a statement of operations. Requires at least one copy of any audit report or statement of operations to be posted at the canteen and at least one copy to be available to incarcerated persons at the library of each prison or institution. (Pen. Code, § 5005, subd. (c).)

This bill requires each county jail canteen and each state prison canteen to sell sulfate-free shampoos, conditions, curl creams, and gel beginning January 1, 2028.

This bill includes uncodified findings and declarations.

COMMENTS

1. Need For This Bill

According to the author:

An incarcerated person under the custody of CDCR or a county jail should have reasonable access to safe and affordable personal care products to address the unique needs of ethnic hair. AB 1875 will provide this reasonable access and further help an incarcerated person focus on their rehabilitation and future integration back into society.

1. Canteens

Existing law requires CDCR to maintain and operate a canteen at the state’s active prisons where the incarcerated population can purchase toiletries, stationery, snacks, and other personal items. (Pen. Code, § 5005.) According to CDCR, the canteens operating in the department’s institutions have increasingly become a resource for the delivery of programs which benefit incarcerated individuals. (Department of Corrections and Rehabilitation, Budget Change Proposal - Increased Canteen Resources (Jan. 10, 2021) available at <https://esd.dof.ca.gov/‌Documents‌/bcp/‌212‌2/FY2122‌_ORG5225_‌BCP4089.pdf>.) For example, in collaboration with the California Correctional Health Care System, the canteens are now the distribution point for over-the-counter medications, reading glasses, and healthier food items, such as yogurt, fish, and vegetables (Ibid.) In addition, department regulations require staff at each CDCR facility to consult with representatives of the incarcerated population when determining items to be stocked in the canteen. (Cal. Code Regs., tit. 15, § 3090, subd. (a).)

Existing law authorizes county jails to operate canteens. (Pen. Code, § 4025.) The sheriff at each jail is permitted to purchase and sell confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies to people incarcerated in the jail. (Ibid.)

1. Sulfate-Free Hair Products

Sulfates are detergents commonly found in personal care products, such as shampoo, body wash, and face cleanser. Sulfates act to remove dirt, oil, and other product residues from the surface that they are applied to. In addition, they have properties that enable the product in which the sulfates are contained to lather. However, sulfates can be damaging to hair by stripping it of its natural oils, and can cause dryness and irritation on the scalp and skin. Sulfates can be particularly damaging to hair that is more fragile and prone to dryness due to the nature of the curl pattern and differences in the hair shaft. (St. George’s University Hospitals, Afro-textured hair (Feb. 2022), p. 1 available at <https://www.st‌georges.‌nhs.uk/wp-content‌/uploads/2022/0‌2/DE‌R_‌ATH.p‌df>.)

This bill would require, beginning on January 1, 2028, canteens at both CDCR and county jails to sell sulfate-free shampoos and conditioners, curl creams and gel. For canteens at CDCR facilities, the Secretary would fix the sale price of these products, in an amount that will render the canteen self-supporting, and for canteens at county jails, the sheriff would fix the sale price of these products. (Pen. Code, §§ 5005, subd. (a), 4025, subd. (b).)

1. Argument in Support

Initiate Justice writes:

The selection of personal care products in prison commissaries is often limited and tailored for non-ethnic individuals. Incarcerated individuals are inevitably forced to create their products or barter for products that are in limited supply.

AB 1875 would require CDCR to offer culturally appropriate hair care products for purchase by incarcerated persons at state prison commissaries, including items such as sulfate-free shampoos and conditioners, along with other culturally appropriate hair products by 2028. These products are available at prices comparable to personal care products currently offered in person commissaries.

An incarcerated person under the custody of CDCR should have reasonable access to safe and affordable personal care products to address the unique needs of ethnic hair. AB 1875 will provide this reasonably access and further help an incarcerated person focus on their rehabilitation and future integration back into society.

-- END --

Date of Hearing: March 20, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1875

Author:(McKinnor) – As Introduced Ver:January 22, 2024

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

SUMMARY:

This bill requires, by January 1, 2028, each state prison and county jail that operates a canteen or similar store to stock certain sulfate-free hair products for purchase by incarcerated people.

FISCAL EFFECT:

1. No significant costs to the California Department of Corrections and Rehabilitation (CDCR). CDCR generally charges a markup on items sold in its canteens to cover the cost of canteen operations. Any costs incurred by CDCR to provide sulfate-free products are likely offset by prices paid by incarcerated people for those products.
2. Minimal, likely non-reimbursable local costs (local funds, General Fund), if any, to counties to stock compliant products in county jail canteens. The sale price of items at a county jail canteen is fixed by the county sheriff and, in most counties, includes a markup that will likely offset any additional costs incurred. To the extent local costs exceed canteen revenue, 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.

COMMENTS:

1. Purpose. According to the author:

An incarcerated person under the custody of CDCR or a county jail should have reasonable access to safe and affordable personal care products to address the unique needs of ethnic hair. AB 1875 will provide this reasonable access and further help an incarcerated person focus on their rehabilitation and future integration back into society.

1. Background. Existing law requires CDCR to operate a canteen at each prison or institution under its jurisdiction to sell toiletries, food, and other personal items to incarcerated people. A county sheriff may, but is not required to, operate a similar store in a county jail. In practice, the products available in these in-person stores are often supplemented by sales from approved vendors that provide food, clothing, and toiletries by mail to incarcerated people. This bill requires CDCR to make sulfate-free shampoos, conditioners, curl creams, and gel available for purchase through its canteens beginning in 2028. Any county jail that operates a canteen must also make sulfate-free products available by that date. CDCR reports that it already stocks some compliant products at the request of its advisory councils and some compliant products are available for purchase through quarterly packages.

According to the California Public Defenders Association, writing in support of this bill:

Sulfate-free shampoos and hair products are important because according to the Food and Drug Administration, sulfates when used as surfactants strip naturally curly hair of moisture, making it drier and more likely to break potentially irritating the scalp. Since people of African descent are more likely to have curly hair, failing to stock sulfate-free shampoo and conditioners disproportionately affects the health of black individuals who are incarcerated.

1. Prior Legislation. SB 474 (Becker), Chapter 609, Statutes of 2023, prohibits, until 2028, CDCR from selling a canteen item for more than 35% above the amount CDCR paid a vendor for the item.

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

Date of Hearing: February 27, 2024

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY: Requires, operative January 1, 2028, the California Department of Corrections and Rehabilitation (CDCR) and local jail and detention facilities to sell sulfate-free shampoos and conditioners, curl creams and gel at canteens.

EXISTING LAW:

1. Requires CDCR to provide each incarcerated person a bed, sufficient blankets, garments, and sufficient plain and wholesome food including plant-based meals. (Pen. Code, § 2084, subd. (a).)
   
2. Requires CDCR to maintain a canteen at institutions under its jurisdiction to sell incarcerated persons toilet articles, candy, notions, and other sundries, and to provide the necessary facilities, equipment, personnel, and merchandise for the canteen. (Pen. Code, § 5005.)
   
3. States that the Secretary of CDCR shall specify what commodities shall be sold in the canteen. (Pen. Code, § 5005.)
   
4. Requires, until January 1, 2028, the prices of the articles offered for sale in the canteen not to exceed a 35-percent markup above the amount paid to the vendors. (Pen. Code, § 5005.)
   
5. Requires, commencing January 1, 2028, the prices of the articles offered for sale in the canteen to be fixed by the Secretary of CDCR at amounts that will render each canteen self-supporting. (Pen. Code, § 5005.)
   
6. Allows the sheriff of each county to establish, maintain and operate a store in connection with the county jail and to purchase and sell confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies to people incarcerated in the jail. (Pen. Code, § 4025, subd. (a).)
   
7. States that the prices of the articles offered for sale at the store shall be fixed by the sheriff. (Pen. Code, § 4025, subd. (b).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “An incarcerated person under the custody of CDCR or a county jail should have reasonable access to safe and affordable personal care products to address the unique needs of ethnic hair. AB 1875 will provide this reasonable access and further help an incarcerated person focus on their rehabilitation and future integration back into society.”
   
2. Canteens: Existing law requires CDCR to establish and maintain prison canteens for sale of toiletries, candy, canned goods, notions and other sundries to inmates. (Pen. Code, § 5005.) According to CDCR, canteens operate in all correctional institutions and have increasingly become a resource for the delivery of programs which benefit incarcerated persons. (Increased Canteen Resources (2021) Available at: <https://esd.dof.ca.gov/‌Documents‌/bcp/‌212‌2/FY2122‌_ORG5225_‌BCP4089.pdf> [as of Feb. 20, 2024].) For example, in collaboration with the California Correctional Health Care System, the canteens are now the distribution point for over-the-counter medications, reading glasses, and healthier food items, such as yogurt, fish, and vegetables (Ibid.) In addition, Title 15 Regulations require staff at each CDCR facility to consult with representatives of the incarcerated population when determining items to be stocked in the canteen. (Cal. Code Regs., tit. 15, 3090.)

Existing law does not require, but permits, local detention facilities to operate canteens. (Pen. Code, § 4025.) The sheriff at each jail is permitted to purchase and sell confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies to people incarcerated in the jail. (Ibid.)

This bill would require, operative on January 1, 2028, canteens at both CDCR and local correctional facilities to sell sulfate-free shampoos and conditioners, curl creams and gel. For canteens at CDCR facilities, the Secretary would fix the sale price of these products, in an amount that will render the canteen self-supporting. (Pen. Code, § 5005 subd. (a) ([as repealed in Sec. 3 and added in Sec. 4 by Stats. 2023, Ch. 609.) For canteens at local correctional facilities, the sheriff would fix the sale price of these products. (Pen. Code, § 4025, subd. (b).)

Welfare and Institutions Code section 873 allows the chief probation officer to establish, a store in connection with a juvenile hall or other county juvenile facilities and to purchase “goods, articles and supplies, including, but not limited to, confectionery, snack foods and beverages, postage and writing materials, and toilet articles and supplies” and to sell these goods, articles, and supplies for cash to wards and detainees confined in the juvenile hall or other county juvenile facilities. The Legislature should consider also requiring canteens at juvenile halls to sell sulfate-free shampoos and conditioners, curl creams and gels.

1. Sulfate-Free Shampoos and Conditioners, Curl Creams and Gels: Prisoners retain the essence of human dignity inherent in all persons. Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment. (Brown v. Plata (2011) 563 U.S. 493.) Although “routine discomforts in prison” are inadequate to form the basis of a Constitutional violation, even a justice of the U.S. Supreme Court has jested, that it is “undoubtedly arguable that many people in the country regard the choice of shampoo as just as important as who may be elected to local, state, or national political office.” (Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council (1976) 425 U.S. 748, 787 (dis. opn. of Rehnquist, J.); (Hudson v. McMillian (1992) 503 U.S. 1, 9 [stating the requirements for an Eight Amendment violation].)
   
   Indeed, choice in shampoo and hair care products for people with textured hair is particularly significant for conceptualizing human dignity—particularly in regards to how it may relate to caring for natural hair as a way of embracing racial and ethnic identity and challenging non-inclusive standards of beauty and race-based hair discrimination. (Hair Discrimination Research: Dove CROWN Studies. Available at: <https:// ‌www.thecrownact. ‌com/research-s‌tudies> [as of Feb. 20, 2024]; see also, Patton, Tracey Owens. “Hey Girl, Am I More than My Hair?: African American Women and Their Struggles with Beauty, Body Image, and Hair.” Johns Hopkins University Press (2006) at pp. 24–51. Available at: <http:// ‌www. ‌jstor.org‌/stable‌/4317206> [as of Feb. 20 2024].)

This bill would require CDCR and local detention facilities to sell sulfate-free shampoos, conditioners, gels, and curl creams in canteens.

Sulfates are chemicals used as cleansing agents. They are found in household cleaners, detergents, and shampoo. The purpose of sulfates is to create a lathering effect to remove oil and dirt from hair. However, sulfates can be harsh and damaging to certain types of hair by stripping it of its natural oils. Sulfates can be particularly damaging to afro-textured hair that is more fragile and prone to dryness due to the nature of the curl pattern and differences in the hair shaft. (St. George’s University Hospitals, Afro-textured hair (Feb. 2022) Available at: <https://www.st‌georges.‌nhs.uk/wp-content‌/uploads/2022/0‌2/DE‌R_‌ATH.p‌df> [as of Feb.20, 2024].)

Also, because of its cleansing abilities, sulfate can sometimes lead to skin dryness or irritation, especially in people who have a history of dry skin. Sulfate-free shampoo is recommended by the American Academy of Dermatology for people with rosacea, eczema, contact dermatitis, or sensitive skin. (Healthline, Should You Avoid Shampoos with Sulfates? (July 3, 2019). Available at: <https://www.‌healthline.‌com/‌health/‌sulfate-‌in-‌‌shampoo#when-to-avoid-‌‌sulfates> [as of Feb.20, 2024]; see also Today, Are Sulfates Bad For Your Hair? We Asked An Expert And You Might Be Surprised (Feb. 25, 2022). Available at:<https://‌www‌.today. ‌com/‌shop/are-sulfates-‌bad-‌hair-sulfate-‌free-shampoo-t248276> [as of Feb.20, 2024].)

Textured hair needs moisture. A lack of moisture causes stress along the hair shaft, which can lead to breakage. Accordingly, clinicians recommend that people with afro-textured hair adopt a regime that keeps their hair moisturized. (St. George’s University Hospitals, Afro-textured hair (Feb. 2022) Available at: <https://www.st‌georges.‌nhs.uk/wp-content/‌uploads/‌2022/0‌2/DE‌R_‌ATH.p‌df> [as of Feb.20, 2024].) Hair gels can moisturize, prevent dryness, accentuate curl, and strengthen the hair. Most afro and curly hair types benefit from a gel to preserve and protect the curl for longer retention and less frizz. (Naturally Curly, This is Who Should Use Gel (and Who Shouldn't) (July 15, 2019). Available at: <https://www. ‌naturally‌curly‌.com/‌curlreading/curl-products/this-is-who-should-‌use-gel-and-who-‌shouldnt> [as of Feb.20, 2024].)

Similarly, curl creams aid in providing a soft hold and definition to curls. They can often be more nourishing then gels and leave less product build up. Curl creams can help tame some frizz, aid in detangling, and moisturize dry hair. (Naturally Curly, How to Use Curl Creams (June 13, 2013). Available at: <https://www‌.‌naturally‌curly.‌com/‌curlreading/wavy-hair-type-2/‌how-to-use-curl-‌creams> [as of Feb.20, 2024].)

“To incarcerate, society takes from prisoners the means to provide for their own needs.” (Brown v. Plata (2011) 563 U.S. 493.) By requiring correctional institutions to make these products available for purchase, this bill will allow incarcerated persons of all ethnic backgrounds, skin, and hair types to provide for the care and health of their hair and skin.

1. Regulations on Personal Hygiene Products in Correctional Facilities: While incarcerated persons may not have the same degree of autonomy over their grooming as individuals outside of prison, they still have basic human rights, including the right to access basic hygiene necessities. Title 15 regulations require incarcerated persons at CDCR institutions to “practice good health habits.” (Cal. Code Regs., tit. 15, § 3060.) The regulations further provide that incarcerated persons “must keep themselves clean, and practice those health habits essential to the maintenance of physical and mental well-being.” (Cal. Code Regs., tit. 15, § 3061.) “All inmates shall receive basic supplies necessary for maintaining personal hygiene. Inmates shall be provided products for washing hands, bathing, oral hygiene, and other personal hygiene, including but not limited to: soap, toothpaste or toothpowder, toothbrush, and toilet paper.” (Ibid.) In local detention facilities, the regulations provide, vaguely that “hair care services shall be available.” (Cal. Code Regs., tit. 15 § 1267.) The regulations further provide that, “there shall be written policies and procedures developed by the facility administrator for the issue of personal hygiene items.” (Cal. Code Regs., tit. 15 § 1265.)
   
   This bill will encourage inclusive hygiene habits by ensuring that incarcerated persons are able to purchase products suited to address a more diverse range of hair care routine needs.
2. Argument in Support: According to the California Public Defenders Association (CPDA), “Sulfate-free shampoos and hair products are important because according to the Food and Drug Administration, sulfates when used as surfactants strip naturally curly hair of moisture, making it drier and more likely to break potentially irritating the scalp. Since people of African descent are more likely to have curly hair, failing to stock sulfate-free shampoo and conditioners disproportionately affects the health of black individuals who are incarcerated.
   
   “While we strongly support AB 1875, we would urge you to consider adding shampoo and conditioner to the list of necessities provided to indigent people who are incarcerated. Under existing law shampoo and conditioner are not provided to indigent incarcerated persons. The only personal health items that are provided are “soap, toothpaste or toothpowder, toothbrush, and toilet paper. Deodorant, shampoo, and conditioner are considered luxuries which must be purchased through the canteen. Not only does washing your hair with bar soap leave soap scum, but for many individuals it irritates the scalp, potentially leading to seborrheic dermatitis in older men. Shampoo and conditioner are necessities for keeping clean and practicing good health habits.”
   
3. Related Legislation: AB 1810 (Bryan) would require incarcerated persons who menstruate to have access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons. AB 1810 is being heard in this committee today.
4. Prior Legislation:
   
   1. AB 353 (Jones-Sawyer), Chapter 429, Statutes of 2023, requires persons incarcerated at CDCR to be permitted to shower at least every other day.
      
   2. SB 309 (Cortese), Chapter 388, Statutes of 2023, added to the list of civil rights afforded to incarcerated persons the right to access, or purchase, religious clothing and headwear, not exceeding the purchase price and normal taxes of the item.
      
   3. SB 474 (Becker), Chapter 609, Statutes of 2023, requires CDCR to maintain a canteen at its active facilities, and, until January 1, 2028, prohibits the sale prices of the articles offered for sale from exceeding a 35% markup above the price of the articles paid to the vendors.
      
   4. AB 732 (Bonta), Chapter 321, Statutes of 2020, requires persons incarcerated in county jails be provided with materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, upon request.
      
   5. SB 188 (Mitchell), Chapter 58, Statutes of 2019, includes, in the definition of “race,” “hair texture and protective hairstyles for purposes of specified anti-discrimination statutes.
      
   6. SB 1433 (Mitchell), Chapter 311, Statutes of 2016, requires persons incarcerated in state prisons be provided with materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, upon request.

REGISTERED SUPPORT / OPPOSITION:

Support

California Public Defenders Association

Ella Baker Center for Human Rights

Initiate Justice (UNREG)

Initiate Justice Action

San Francisco Public Defender

Sister Warriors Freedom Coalition

The Transformative In-prison Workgroup

Opposition

None submitted.

Analysis Prepared by: