Bill Text: CA AB732 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 732 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: County jails: prisons: incarcerated pregnant persons.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2020-08-29 - Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 1. Page 4432.). [AB732 Detail]

Download: California-2019-AB732-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 732

Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Limón and Weber)
(Coauthor: Senator Mitchell)

February 19, 2019

An act to add Section 4023.8 to the Penal Code, relating to county jails.

LEGISLATIVE COUNSEL'S DIGEST

AB 732, as introduced, Bonta. County jails: pregnant inmates.

Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime. Existing law gives an inmate who is pregnant in a local detention facility the right to summon and receive the services of a physician or surgeon to determine if the inmate is pregnant and to receive medical services. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities to require that inmates who are received by the facility while they are pregnant are provided a balanced, nutritious diet approved by a doctor, prenatal and postpartum information and healthcare, information pertaining to childbirth education and infant care, and a dental cleaning. Existing law requires that these standards also prohibit the restraining of an inmate known to be pregnant or in recovery after delivery, except as specified.

This bill would require an inmate of a county jail who is identified as possibly pregnant during an intake health examination to be scheduled for laboratory work to verify pregnancy within 3 business days of arrival at the jail. The bill would require an inmate who is confirmed to be pregnant to be scheduled for an obstetrics examination within 7 days. The bill would require pregnant inmates to be scheduled for prenatal care visits, as specified. The bill would require pregnant inmates to be provided specified prenatal services and a referral to a medical social worker. The bill would require inmates to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow a pregnant inmate to elect to have a support person present during childbirth. The bill would require an inmate to be provided with a postpartum examination one week, 2 weeks, 6 weeks, and 12 weeks postpartum. By imposing new 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 4023.8 is added to the Penal Code, to read:

4023.8.

(a) An inmate of a county jail who is identified as possibly pregnant during an intake health examination shall be scheduled for laboratory work to verify pregnancy within three business days of arrival at the jail.

(b) An inmate of a county jail who is confirmed to be pregnant shall be scheduled for an obstetrics examination with an obstetrician physician, obstetrical nurse practitioner, or certified nurse midwife within seven days of arriving at the jail. The examination shall include all of the following:

(1) A determination of the term of pregnancy.

(2) A plan of care.

(3) The ordering of diagnostic studies, if needed.

(c) Pregnant inmates shall be scheduled for prenatal care visits as follows, unless otherwise indicated by the obstetrician physician, obstetrical nurse practitioner, or certified nurse midwife:

(1) Every four weeks in the first trimester up to 24 to 28 weeks, inclusive gestation.

(2) Every two weeks thereafter up to 36 weeks gestation.

(3) Every one week thereafter until delivery.

(d) Pregnant inmates shall be provided access to all of the following:

(1) Prenatal vitamins, to be taken on a daily basis, with 600-800 micrograms of folic acid per day or four milligrams per day for persons with a family history of neural tube defect.

(2) Childbirth education and parenting options.

(3) Newborn care that includes access to appropriate assessment, diagnosis, care, and treatment for infectious diseases that may be transmitted from a birthing person to the birthing person’s infant, such as HIV or syphilis.

(4) Lactation education and support by a certified lactation educator, consultant, or specialist.

(5) Access to doula support during pregnancy, labor, birth, and for 12 weeks postpartum.

(e) Pregnant inmates housed in a multi-tier housing unit shall be assigned lower bunk and lower tier housing.

(f) Pregnant inmates who have used heroin within three days prior to incarceration, either by admission or written documentation by a probation officer, or who are currently receiving methadone treatment, shall be enrolled in a methadone maintenance program.

(g) (1) An eligible pregnant inmate or inmate who gives birth after incarceration in the jail shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating inmates. At a minimum, the notice shall contain guidelines for qualification, the timeframe for application, and the process for appealing a denial of admittance to those programs.

(2) If a community-based program is denied access to the jail, the reason for the denial shall be provided in writing to the inmate within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the inmate, infant, public, or staff.

(h) Each pregnant inmate shall be referred to a medical social worker who shall do all of the following:

(1) Discuss with the inmate the options available for placement and care of the child after delivery.

(2) Assist the pregnant inmate with access to a phone in order to contact relatives regarding newborn placement.

(3) Oversee the placement of the newborn child.

(i) A pregnant inmate may be temporarily taken to a hospital outside the jail for the purpose of giving childbirth and shall be transported in the least restrictive way possible. A pregnant inmate in labor shall be treated as an emergency and shall be transported via ambulance to the outside facility, accompanied by jail staff.

(j) A pregnant inmate may elect to have a support person present during childbirth. The support person may be an approved visitor or the jail’s staff designated to assist with prenatal, labor, and postpartum care. The approval for the support person shall be made by the administrator of the jail or that person’s designee. If a pregnant inmate’s request for an elected support person is denied, reason for the denial shall be provided in writing to the inmate within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the inmate, infant, public, or staff. Upon receipt of a written denial, the pregnant inmate may choose the approved institution staff to act as the support person.

(k) All pregnant and postpartum inmates shall receive appropriate, timely, culturally responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing or newly diagnosed chronic conditions including infectious diseases.

(l) All pregnant inmate patients who are hospitalized for prolonged periods of time or are experiencing regular, painful, and frequent labor contractions shall not to be shackled by the wrists, ankles, or both.

(m) Upon return to the jail, an obstetrician physician, obstetrical nurse practitioner, or certified nurse midwife shall provide a postpartum examination at one week, two weeks, six weeks, and 12 weeks postpartum and shall determine whether the inmate may be cleared for full duty or if medical restrictions are warranted.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.