Existing law gives judges a judge discretion when deciding various matters in a criminal proceeding, including, among other things, issuing bail or releasing a defendant on their own recognizance, accepting a diversion or deferred entry of judgment agreement, and imposing sentences and granting probation.

This bill would, when a court is exercising its its discretion with regard to these matters, make a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant, as defined, if the defendant provides the court and district attorney with notice of the defendants status as a pregnant or postpartum defendant at each applicable stage of the proceedings. The bill would require a court that decides to detain or incarcerate a defendant after this consideration to make specific findings on the record that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration, as specified.

The bill would authorize any pregnant or postpartum defendant to request a stay of execution of their sentence by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail or state prison for any period of time through the end of the pregnancy or the postpartum period, except as specified. The bill would require the court to apply the rebuttable presumption above when considering whether to grant that stay of execution. The bill would authorize a court to order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period.

The bill would authorize a person who may be pregnant or postpartum and who is arrested or in custody in a county jail or state prison to request a pregnancy test upon or following admission to the county jail or state prison, and would require the county jail or state prison to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request. By imposing additional duties on county jails, 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 gives judges discretion when deciding various matters in a criminal proceeding, including, among other things, issuing bail or releasing a defendant on their own recognizance, accepting a diversion or deferred entry of judgment agreement, and imposing sentences and granting probation.

This bill would, when a court is exercising its discretion with regard to these matters, make a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant, as defined, if the defendant provides the court and district attorney with notice of the defendants status as a pregnant or postpartum defendant at each applicable stage of the proceedings. The bill would require a court that decides to detain or incarcerate a defendant after this consideration to make specific findings on the record that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration, as specified.

The bill would authorize any pregnant or postpartum defendant to request a stay of execution of their sentence by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail or state prison for any period of time through the end of the pregnancy or the postpartum period, except as specified. The bill would require the court to apply the rebuttable presumption above when considering whether to grant that stay of execution. The bill would authorize a court to order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period.

The bill would authorize a person who may be pregnant or postpartum and who is arrested or in custody in a county jail or state prison to request a pregnancy test upon or following admission to the county jail or prison, and would require the county jail or prison to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request. By imposing additional duties on county jails, 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.

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2160

Author:(McKinnor) – As Amended Ver:February 28, 2024

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

SUMMARY:

This bill creates a legal presumption against the detention and incarceration of a pregnant or postpartum criminal defendant, allows a pregnant or postpartum incarcerated person to request a stay of execution of their sentence due to their pregnancy, and specifies related court procedures.

Specifically, among other provisions, this bill:

1. Establishes a rebuttable presumption against the detention and incarceration of a pregnant or postpartum defendant if the defendant provides notice to the court and district attorney, as specified.
2. Requires a court to apply the rebuttable presumption of a pregnant or postpartum defendant when determining whether to issue bail or own recognizance release, accept a diversion agreement, accept or continue a deferred entry of judgement, impose a sentence, or grant a stay of execution, as specified.
3. Requires staff to provide a pregnancy test upon request to a person who is arrested or in custody in a county jail or state prison and allow the person to take the pregnancy test within 24 hours after the request.
4. Allows a pregnant or postpartum defendant to raise the issue of their pregnancy or postpartum period at any time during their criminal proceedings or while serving a sentence, and requires notice to the district attorney if the issue is raised.
5. Requires a court to hold certain hearings related to a pregnant or postpartum defendant immediately or on an expedited basis, as specified.
6. Allows a pregnant or postpartum defendant to request a stay of execution by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail or state prison for any period of time through the end of the pregnancy or the postpartum period.
7. Allows the court to order a stay of execution of the sentence, after determining eligibility, for any period of time through the end of the pregnancy or postpartum period.
8. Requires a court that grants a stay of execution to order the bail and the conditions of bail to remain in effect until the date the pregnant or postpartum defendant is ordered to start serving their sentence.
9. States that notwithstanding the provisions above, a pregnant or postpartum defendant who is ineligible for bail is not eligible to a stay of execution.

FISCAL EFFECT:

1. Costs (Trial Court Trust Fund, General Fund) to the courts of an unknown but potentially significant amount. This bill entitles a pregnant or postpartum arrestee, criminal defendant, or incarcerated person to additional, expedited court hearings. The bill also allows a pregnant or postpartum person to request a stay of execution of their sentence at any point during their incarceration. It generally costs approximately $1,000 to operate a courtroom for one hour. If the proceedings authorized by this bill result in more than 150 hours of court time statewide, total costs to the courts exceed this committee’s suspense threshold. Actual costs will depend on the number of hearings and stays requested and the amount of court time needed for each proceeding.

Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.

1. Costs (local funds, General Fund) to the counties of an unknown but potentially significant amount to provide and process pregnancy tests on the timelines required by this bill. 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.
2. Costs (General Fund) to the California Department of Corrections and Rehabilitation (CDCR) of an unknown amount. It is not clear whether a person released from prison by court order under this bill would be subject to parole supervision or some other type of supervision. The annual cost to CDCR per person for parole supervision is about $17,000; however, supervision costs for an incarcerated person released from custody under this bill may be higher due security concerns and medical needs. Costs to CDCR to provide pregnancy tests on the timeline required by this bill are likely minor and absorbable.

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:

AB 2160 stands as a landmark solution to California’s reevaluation of the impact of incarceration on maternal and infant well-being. This bill introduces a rebuttable presumption against the detention and incarceration of pregnant and postpartum women, forging a path toward a more compassionate legal process.

1. Background. This bill creates a legal presumption that a pregnant person (or a person who recently gave birth) should not be held in detention following an arrest or incarcerated following a criminal conviction. The bill allows a pregnant or postpartum person to request the court’s consideration of their pregnancy at any point in their criminal case, including pre-trial, during trial, and after they have begun serving their sentence in county jail or state prison. The bill establishes court procedures for these matters, including requiring notice to the district attorney, expedited hearings to consider pregnancy-related issues, and providing that crime victims’ right to be notified, attend, and be heard at specified hearings must be observed.

Notably, the bill does not specify any entity responsible for providing housing, medical care, and other services to an incarcerated person released during their pregnancy or postpartum period. If it is determined that a CDCR or any other state agency must refer such a person to or provide them with these services, costs to the state will be significantly higher.

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

Date of Hearing: April 23, 2024

Consultant: Elizabeth Potter

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Establishes the California Women’s Care Act that outlines best practices and procedures for an incarcerated pregnant and postpartum person. Specifically, this bill:

1. Establishes the California Women’s Care Act within the penal code.
   
2. Defines the following terms:
   
   1. “Newborn” means a person who has been born and who is less than one year of age.
      
   2. “Postpartum period” means a period of one year after the end of a pregnancy, regardless of the pregnancy outcome.
      
   3. “Pregnant or postpartum defendant” means a person who is pregnant or in a postpartum period who has been accused or convicted of a crime.
      
   4. “Stay of execution” means delaying the imposition of a sentence of the incarceration portion of the sentence for a pregnant or postpartum defendant after the sentence is announced by the court.
      
3. Provides that there is a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant if the defendant provides the court and district attorney with notice of the defendant’s status as a pregnant or postpartum defendant at each applicable stage of the proceedings.
   
4. Requires the court, when exercising its discretion, apply the rebuttable presumption of a pregnant or postpartum defendant in determining to do the one of following:
   
   1. Issue bail or own recognizance release, as specified;
      
   2. Accept a diversion agreement;
      
   3. Accept or continue a deferred entry of judgement;
      
   4. Impose a sentence, including whether to grant probation; or
      
   5. Grant a stay of execution, as specified.
      
5. Provides that a court shall not use a pregnant or postpartum period as a basis for imposing a greater restriction on the defendant’s liberty than similarly situated defendant who is not pregnant or postpartum, including if a pregnant or postpartum defendant has a substance use disorder.
   
6. Requires a court to make specific findings on the record if the incarcerated pregnant or postpartum defendant is detained and after weighing the applicable legal standards and considerations set forth above that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration.
   
7. Allows a person who is pregnant or postpartum who is arrested or in custody in a county jail or state prison to request a pregnancy test upon or following admission to the county jail or state prison.
   
8. Requires staff at the county or state prison to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request.
   
9. States that requesting a pregnancy test, taking a pregnancy test, and the results of the pregnancy test are confidential medical information.
   
10. States that medical information shall not be disclosed to outside parties unless the information is required for the person to receive medical care or to allow staff at the county jail or state prison to provide necessary care.
    
11. Requires a county jail or state prison to give notice to a person’s attorney, if they are represented by an attorney in a criminal proceeding and the county jail and state prison has a signed medical release from the person, within 48 hours, excluding state holidays and weekends, concerning the person’s request for a pregnancy test, as specified.
    
12. Allows a pregnant or postpartum defendant to raise the issue of their pregnancy or postpartum period at any time during their criminal proceedings or while serving a sentence.
    
13. Provides that if the pregnancy or postpartum period is raised, the pregnant or postpartum defendant shall provide notice to the district attorney by providing evidence of the pregnancy or the start of the postpartum period with a limited waiver of privilege.
    
14. Provides that a positive pregnancy test, or medical record confirming pregnancy or the end of the pregnancy, or a birth certificate of a newborn, is prima facie evidence of pregnancy or the start of a postpartum period.
    
15. Requires a court to hold a hearing as soon as possible, but no later than 14 days after the issue is raised, if the prosecution contests that the defendant is pregnant or in a postpartum state, unless the defendant requests the hearing be held later than 14 days after the issue is raised.
    
16. Requires a court to hold the hearing immediately if the circumstances of the defendant or the defendant’s newborn require it.
    
17. Requires the defendant to prove, by preponderance of the evidence, that the defendant is a pregnant or postpartum defendant.
    
18. Requires a court to protect medical information provided to the court regarding a defendant’s pregnancy and postpartum status and states that the defendant’s wavier of medical privilege is limited, as specified.
    
19. Allows a pregnant or postpartum defendant to request a stay of execution by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail or state prison for any period of time through the end of the pregnancy or the postpartum period.
    
20. Requires a court to hold a hearing for a pregnant or postpartum defendant to determine a request for a stay of executive as soon as practicable, but no later than 14 days unless the pregnant or postpartum defendant requests a later hearing.
    
21. Requires a court to make the determination of a later hearing in the timeline requested when a pregnant or postpartum defendant makes the request.
    
22. Requires a court to hold the hearing immediately if the circumstances of the pregnant or postpartum defendant or the newborn require it.
    
23. Requires a defendant to prove, by preponderance of the evidence, that the defendant is a pregnant or postpartum defendant.
    
24. Requires the court, during this hearing, to apply a rebuttable presumption against the detention of the incarcerated pregnant or postpartum.
    
25. Requires the district attorney and the court to comply with the requirements in Proposition 8 of 1982, also known as the “Right to Truth in Evidence” in the California Constitution.
    
26. Allows the court to order a stay of execution of the sentence, after determining eligibility, for any period of time through the end of the pregnancy or postpartum period.
    
27. Requires a court to order a date, time, and place for the defendant to appear to serve the sentence upon completion of the stay of execution.
    
28. Requires a court that grants a stay of execution to order the bail and the conditions of bail to remain in effect until the date the pregnant or postpartum defendant is ordered to start serving the defendant’s sentence.
    
29. States that notwithstanding the provisions above, a pregnant or postpartum defendant who is ineligible for bail is not eligible to a stay of execution.
    
30. Requires the court to set a hearing if the pregnant or postpartum defendant is charged with a new violation or the court receives a verified motion from the district attorney that establishes a prima facie case that the pregnant or postpartum defendant has violated conditions of the stay of execution and presents a substantial risk to the public safety that the pregnant or postpartum defendant must appear.
    
31. Allows a court, after the hearing described above, to end the stay of execution, add new conditions, issue a warrant, or continue the stay of execution.

EXISTING LAW:

1. Requires the Board of State Community Corrections (BSCC) to establish minimum standards for state and local correctional facilities, including standards for pregnant individuals incarcerated at the CDCR. (Pen. Code, § 6030.)
   
2. Provides that every woman upon being committed to CDCR shall be examined mentally and physically, and shall be given the care, treatment and training adapted to her particular condition. (Pen. Code, § 3403.)
   
3. Provides that any incarcerated person shall have the right to summon and receive the services of any physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant. (Pen. Code, § 3406.)
   
4. States that, if the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of these services from the physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice. (Pen. Code, § 3406, subd. (b).)
   
5. States that a person who is incarcerated in state prison who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration shall be offered a test upon intake or by request. (Pen. Code, § 3408, subd. (a).)
   
6. States that an incarcerated person with a positive pregnancy test result shall be offered comprehensive and unbiased options counseling that includes information about prenatal health care, adoption, and abortion. (Pen. Code, § 3408, subd. (b).)
   
7. Requires a person incarcerated in prison who is confirmed to be pregnant to, within seven days of arriving at the prison, be scheduled for a pregnancy examination with a physician, nurse practitioner, certified nurse-midwife, or physician assistant. The examination shall include all of the following:
   
   1. A determination of the gestational age of the pregnancy and the estimated due date;
   2. A plan of care, including referrals for specialty and other services, isolation practices, level of activities, and bed assignments, social and clinical needs, among other services; and,
   3. Prenatal labs and diagnostic studies, as needed based on gestational age or existing or newly diagnosed health conditions. (Pen. Code, § 3408, subd. (d).)
8. States that an eligible incarcerated pregnant person or person who gives birth after incarceration shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. (Pen. Code, § 3408, subd. (j).)
9. Provides that each incarcerated pregnant person shall be referred to a social worker who shall do all of the following:
   1. Discuss with the incarcerated person the options available for feeding, placement, and care of the child after birth, including the benefits of lactation;
   2. Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement; and,
   3. Oversee the placement of the newborn child. (Pen. Code, § 3408, subd. (k).)
10. States that an incarcerated pregnant person shall be temporarily taken to a hospital outside the prison for the purpose of childbirth. (Pen. Code, § 3408, subd. (l).)
11. Allows an incarcerated pregnant person to elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. (Pen. Code, § 3408, subd. (m).)
    
12. Provides that the support person may be an approved visitor or the prison’s staff designated to assist with prenatal care, labor, childbirth, lactation, and postpartum care. The approval for the support person must be made by the administrator of the prison. Upon receipt of a written denial, the incarcerated pregnant person may choose the approved institution staff to act as the support person. (Pen. Code, § 3408, subd. (m).)
    
13. Requires CDCR to establish a community treatment program for incarcerated women who have one or more children under age six to participate. The program shall provide for the release of the mother and child or children to a public or private facility in the community and which will provide the best possible care for the mother and child. (Pen. Code, § 3411.)
    
14. Provides that every female inmate who is pregnant and who is not eligible for participation in the community treatment program shall have access to complete prenatal care, which shall include a balanced, nutritious diet approved by a doctor. (Pen. Code, § 3424.)
    
15. State that any amendments to existing CDCR regulation which may impact the visitation of incarcerated persons shall recognize the role of visitation in establishing and maintaining a meaningful connection with family and community. (Pen. Code, § 6400.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 2160 stands as a landmark solution to California’s reevaluation of the impact of incarceration on maternal and infant well-being. This bill introduces a rebuttable presumption against the detention and incarceration of pregnant and postpartum women, forging a path toward a more compassionate legal process.”
   
2. Incarcerated Pregnant Individuals at CDCR: Recent estimates indicate that eight to ten percent of women who enter prison are pregnant. (Legal Services for Prisoners with Children, Pregnant Women in California Prisons and Jails: A Guide for Prisoners and Legal Advocates, <https://‌www.courts‌.ca.gov/‌documents/‌BTB_23_4K_5.‌pdf>.) State law provides incarcerated pregnant individuals a minimal level of pre-and-post partum services, such as access to a social worker, regular prenatal care visits with a health care provider, and the right to have delivery take place in a hospital outside of the institution. (Pen. Code, §§ 3408, 4203.8.)
   
   In addition, some incarcerated women can apply to the Community Prison Mother Program (CPMP) within CDCR’s Female Offender Programs and Services. Pursuant to California Penal Code Sections 3410 through 3424, the CPMP provides an opportunity for pregnant individuals and mothers with one or more children, six years of age or younger, the opportunity to be housed with their children in a supervised facility away from the prison setting. The primary focus of the CPMP is to reunite mothers with their children and re-integrate them back into society as productive citizens by providing a safe, stable, wholesome and stimulating environment. CPMP also looks to establish stability in the parent-child relationship, provide the opportunity for mothers who are incarcerated individuals to bond with their children, and strengthen the family unit. (CDCR, Community Participant Mother Program, <https://‌www.cdcr.‌ca.gov/‌rehabilitation/‌pre-release-community-‌programs/‌community-prisoner-‌mother-program/>.)
   
   This bill seeks to create The California Women’s Care Act to help pregnant or postpartum defendants navigate the criminal justice system and to provide stays of execution.
   
3. Argument in Support: According to the Young Women’s Freedom Center, “For more than 30 years, Young Women’s Freedom Center has provided support, mentorship, training, employment, and advocacy to young women and trans youth of all genders in California who have grown up in poverty, experienced the legal and foster care systems, have had to survive living and working on the streets, and who have experienced significant violence in their lives.
   
   “Pregnancy during incarceration remains perilously compromised, with systemic failures in providing timely and adequate healthcare to mothers and newborns. Compounding this, the unlawful and dangerous practice of shackling pregnant incarcerated people alongside harmful isolation in segregated housing could elevate the risks associated with pregnancy.
   
   “Moreover, the immediate separation of newborns from their incarcerated mothers within 24 to 48 hours of birth, starkly contradicts research establishing the essential nature of an early bond between mother and child. These conditions underscore a pressing need for a humane reevaluation of incarceration’s impact on maternal and infant well-being.
   
   “In California, the care provided to incarcerated pregnant individuals across jails, prisons, and youth facilities is glaringly insufficient, both in terms of policy and implementation.
   
   “This is underscored by a 2023 report from the California Department of Justice, which highlights a pervasive lack of adherence to reproductive healthcare standards within the state’s correctional system. Particularly concerning is the impact of current practices on Black women, who face disproportionate challenges related to healthcare access, incarceration rates, and family separation. The prevailing inclination towards incarceration exacerbates these disparities and fails to address the root causes of recidivism. Diversion programs, stays of execution, and other forms of alternative sentencing present a more equitable and successful approach. Therefore, there is an urgent need for a rebuttable presumption against the incarceration of pregnant and postpartum individuals, aimed at protecting the health and well-being of both mothers and their children.” (citations omitted)
   
4. Argument in Opposition: The California District Attorney’s Association argues, “Our laws already provide judges with ample discretion to consider a defendant’s pregnancy or postpartum status and to design terms of release or penalties that serve both the defendant and her child as well as the ends of justice. For example, convicted defendants may be placed on probation or required to serve time in home detention. (See, Pen. Code § 1170, subd. (h).) In our experience judges use these alternatives routinely, especially in the exceedingly rare case of a non-dangerous pregnant or postpartum defendant.
   
   “Given the rarity of persons for whom your bill would apply, and the existing array of suitable options which are already in use in California, your bill is unnecessary as a means of ensuring access to maternal and fetal health care.”
   
5. Related Legislation:
   
   1. AB 280 (Holden), would limit the use of segregated confinement and would prohibit placing individuals who are pregnant in segregated confinement. AB 280 is pending on the Assembly inactive file.
      
   2. AB 1810 (Bryan), would require an incarcerated person to have ready access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, without having to request them. AB 1810 is pending in the Assembly Appropriations Committee.
      
   3. AB 2527 (Bauer-Kahan), would require incarcerated pregnant persons to be provided with free and clean bottled water and daily high-quality and high caloric nutritional meals and would prohibit incarcerated pregnant persons from being placed in solitary confinement or restrictive housing units during their pregnancy or for 12 weeks postpartum. AB 2572 is pending in the Assembly Appropriations Committee.
      
   4. AB 2740 (Waldron), would require incarcerated pregnant persons in state prison to be referred to a social worker to discuss options for parenting classes and other classes relevant to caring for newborns and options for placement and visiting the newborn. AB 2740 is pending in the Assembly Appropriations Committee.
      
      
6. Prior Legislation:
   
   1. AB 583 (Wicks), of the 2023-2024 Legislative Session, would have established a pilot program to fund community-based doula groups, local public health departments, and other organizations to provide full-spectrum doula care to members of communities with high rates of negative birth outcomes who are not eligible for Medi-Cal and incarcerated people. AB 583 failed passage in Assembly Appropriations Committee.
      
   2. AB 2632 (Holden), of the 2021-2022 Legislative Session, was substantially similar to AB 280. AB 2632 was vetoed.
      
   3. AB 2321 (Jones-Sawyer), Chapter 781, Statutes of 2022, prohibits confinement of a minor in a locked single-person room or cell in a juvenile facility for a period lasting longer than one hour when room confinement is necessary for institutional operations.
   4. AB 1225 (Waldron), of the 2021-2022 Legislative Session, would have prohibited an incarcerated woman from being placed in solitary confinement for medical observation. AB 1225 was held in the Assembly Appropriations Committee.
      
   5. AB 2717 (Waldron), of the 2021-2022 Legislative Session, would have expanded the community prison mother treatment program within CDCR. AB 2717 was vetoed.
      
   6. 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.
      
   7. SB 1433 (Mitchell), Chapter 311, Statutes of 2016, requires 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.
      
   8. AB 2530 (Atkins), Chapter 726, Statutes of 2012, prohibits the shackling of inmates and wards incarcerated by the CDCR who are known to be pregnant or in recovery after delivery, with leg irons, waist chains, or handcuffs behind the body.
      
   9. AB 568 (Skinner), of the 2011-2012 Legislative Session, would have prohibited inmates and wards in the custody of the CDCR, CDCR's Division of Juvenile Facilities, and local correctional and juvenile facilities, who are known to be pregnant, from being shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for safety, and if necessary for safety, be restrained in the least restrictive way possible. AB 568 was vetoed.
      
   10. AB 478 (Lieber), Chapter 608, Statutes of 2005, set minimum standards for the medical care of incarcerated individuals who are pregnant during their incarceration.
   11. SB 617 (Speier), of the 2005-2006 Legislative Session, would have required CDCR to house pregnant female prison inmates separately from other female inmates and be given appropriate health care and nutrition.
       
   12. AB 1530 (McLeod), Chapter 297, Statutes of 2004, required CDCR to ensure that female prisoners have notice of and access to parenting programs and required CDCR to accept pregnant mothers into the program.
       
       

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life Reentry Project
ACLU California Action
Anti Recidivism Coalition
Aouon Orange County
Black Women for Wellness Action Project
Black Women Organized for Political Action (BWOPA)
California Attorneys for Criminal Justice
California Catholic Conference
California for Safety and Justice
California Public Defenders Association
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice (CURYJ)
Dream.org
Ella Baker Center for Human Rights
Glide
Grip Training Institute
Initiate Justice (UNREG)
Initiate Justice Action
LA Defensa
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Los Angeles Dependency Lawyers, INC.
Los Angeles Regional Reentry Partnership (LARRP)
Prison Ftio
Public Counsel
Reproductive Freedom for All CA
Restoreher Us.america INC
Rubicon Programs
Smart Justice California, a Project of Tides Advocacy
Vera Institute of Justice
Young Women's Freedom Center

Oppose

California District Attorneys Association

Analysis Prepared by: