BILL NUMBER: AB 999 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bonta
FEBRUARY 22, 2013
An act to add Chapter 10.9 (commencing with Section 6500) to Title
7 of Part 3 of the Penal Code, relating to prison inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 999, Bonta. Prisoner Protections for Family and Community
Health Act.
Under existing law, the Secretary of the Department of Corrections
and Rehabilitation is responsible for the administration of the
state prisons. Existing law makes it a crime to engage in sodomy
while incarcerated in a state prison and existing regulation
prohibits inmates from participating in illegal sexual acts.
This bill would require the department to develop a 5-year plan to
extend the availability of condoms in all California prisons. The
bill would require, commencing January 1, 2015, and contingent upon
the receipt of donations by the department, that no less than 5
prisons be incorporated into the program each year, and would require
a comprehensive plan to include every prison in the state by the
final year. The bill would require all nonadministrative costs of the
program, including the dispensers and condoms, to be paid for
through donations. The bill would allow the department to decline to
implement the program at a prison after specifying the reason in an
addendum to the comprehensive plan if the department demonstrates
that implementation of the program at a particular prison would be
unsafe. The bill would make related findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Prisoner Protections for Family and Community Health Act.
SEC. 2. The Legislature finds and declares all of the following:
(a) Assembly Bill 1334 of the 2007-08 Regular Session would have
required the Department of Corrections and Rehabilitation to allow
nonprofits and health agencies to enter department institutions to
provide sexual barrier protection devices, including condoms, to
state prisoners.
(b) In his October 14, 2007, veto message for Assembly Bill 1334,
Governor Arnold Schwarzenegger noted that, although it is illegal to
engage in sexual activity while incarcerated, providing access to
condoms is "consistent with the need to improve our prison healthcare
system and overall public health."
(c) The veto message directed the department to determine the risk
and viability of such a program by identifying one state prison
facility for the purpose of allowing nonprofits and health agencies
to distribute sexual barrier devices.
(d) To accomplish the Governor's directive, a pilot program was
implemented in Solano State Prison, Facility II, for one year, from
November 5, 2008, through November 4, 2009. Several agencies covered
all costs for the program and volunteered their staff time and
expertise.
(e) The Center for Health Justice, a nonprofit organization,
purchased the condom dispensing machines and condoms, monitored and
refilled the dispensers throughout the pilot period, and provided
education for staff and inmates.
(f) Researchers from the Division of Correctional Health Care
Services, Public Health Unit, and the State Department of Public
Health, Office of AIDS, and the Sexually Transmitted Diseases Control
Branch, provided evaluation services and finalized their conclusions
in a September 2011 report entitled: Evaluation of a Prisoner Condom
Access Pilot Program Conducted in One California State Prison
Facility.
(g) The report concluded that there was no evidence that the
availability of condoms created an increased risk of breaches of
safety or security, or resulted in injury to staff or inmates, in a
general population prison facility setting.
(h) The report also stated that its findings may not be
generalized with regard to other settings, for example, because of
higher security or in a setting dedicated to inmates with mental
health problems. Additional pilot studies may be warranted in these
other settings.
(i) The report concluded that providing condoms from dispensing
machines similar to those used in the pilot program is feasible and
of relatively low cost to implement and maintain.
(j) Estimates of the in-prison HIV and STD transmission rates are
not available. However, given the relatively low cost of providing
condoms relative to the cost of treating HIV, and that very few HIV
infections would need to be prevented to cover the costs of the
program, it is likely that providing condoms could reduce department
medical costs.
SEC. 3. Chapter 10.9 (commencing with Section 6500) is added to
Title 7 of Part 3 of the Penal Code, to read:
CHAPTER 10.9. PRISONER PROTECTIONS FOR FAMILY AND COMMUNITY
HEALTH ACT
6500. (a) Based on the recommendations contained in the
"Evaluation of a Prisoner Condom Access Pilot Program Conducted in
One California State Prison Facility" report, and in light of the
successful pilot project conducted at California State Prison,
Solano, the Department of Corrections and Rehabilitation shall
develop a five-year plan to expand the availability of condoms in all
California prisons.
(b) Commencing January 1, 2015, no less than five prisons, as
determined by the department, shall be incorporated into the program
each year, with the final year yielding a comprehensive plan that
includes every prison in the state.
(c) In developing the plan, the department shall consider all of
the following recommendations that were made in the report:
(1) Initiate and incrementally expand a program to provide inmates
with access to condoms while continuing to monitor the safety and
acceptability of the program.
(2) Consider additional pilot studies in settings that may pose a
serious health or safety risk, for example, higher security
facilities or housing for inmates with serious mental health
problems.
(3) Mount dispensers in discreet locations to provide confidential
access and increase accessibility by minimizing inoperability due to
vandalism. Dispensers with solid steel construction and protected
locks are available that are more tamper resistant than those used in
the pilot study.
(4) Consider making condoms available confidentially upon request
during a medical or mental health visit, in addition to dispensing
machines.
(5) Provide information to staff and inmates describing findings
from the current study demonstrating that safety and security were
not impacted by the distribution of condoms.
(6) Include inmate peer educators, inmates' men's and women's
advisory counsels, and medical, public health, and custody staff in
local institutional condom program planning and implementation.
(d) (1) The implementation of this program is contingent upon
sufficient donations being made to the department. All
nonadministrative costs of the program, including the dispensers and
condoms, shall be paid for through donations.
(2) If the department demonstrates that implementation of the
program at a particular prison would be unsafe for a reason that is
unique to that prison, the department may decline to implement the
program at that prison after specifying the reason in an addendum to
the comprehensive plan prepared pursuant to subdivision (b) that
explains why the reason overcomes the findings contained in the
"Evaluation of a Prisoner Condom Access Pilot Program Conducted in
One California State Prison Facility" report.