Bill Text: CA SB1135 | 2013-2014 | Regular Session | Chaptered
Bill Title: Inmates: sterilization.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 558, Statutes of 2014. [SB1135 Detail]
Download: California-2013-SB1135-Chaptered.html
BILL NUMBER: SB 1135 CHAPTERED
BILL TEXT
CHAPTER 558
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2014
APPROVED BY GOVERNOR SEPTEMBER 25, 2014
PASSED THE SENATE AUGUST 19, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 11, 2014
AMENDED IN ASSEMBLY JUNE 26, 2014
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Jackson
(Principal coauthors: Senators Anderson and Hancock)
(Principal coauthor: Assembly Member Lowenthal)
FEBRUARY 20, 2014
An act to add Chapter 6 (commencing with Section 3440) to Title 2
of Part 3 of the Penal Code, relating to inmates.
LEGISLATIVE COUNSEL'S DIGEST
SB 1135, Jackson. Inmates: sterilization.
Existing law establishes a state correctional system and provides
for the establishment of county jails. Existing law regulates certain
aspects of medical care for inmates.
This bill would prohibit sterilization for the purpose of birth
control of an individual under the control of the Department of
Corrections and Rehabilitation or a county correctional facility, as
specified. The bill would also otherwise prohibit any means of
sterilization of an inmate, except when required for the immediate
preservation of life in an emergency medical situation or when
medically necessary, as determined by contemporary standards of
evidence-based medicine, to treat a diagnosed condition and certain
requirements are satisfied, including that patient consent is
obtained. If a sterilization procedure is performed pursuant to these
exceptions, the bill would require psychological consultation and
medical followup, as specified. The bill would require the
department, if a sterilization procedure is performed on one or more
individuals under its control, to annually publish on its Internet
Web site data related to the number of sterilizations performed,
disaggregated by race, age, medical justification, and method of
sterilization. The bill would require each county jail or other
institution of confinement, if a sterilization procedure is performed
on one or more individuals under its control, to annually submit to
the Board of State and Community Corrections data related to the
number of sterilizations performed, disaggregated by race, age,
medical justification, and method of sterilization, and would require
the board to annually publish that data on its Internet Web site.
The bill would require the department and all county jails or other
institutions of confinement to provide notification to all
individuals under their custody, and to all employees who are
involved in providing health care services, of their rights and
responsibilities with regard to the sterilization of inmates.
By imposing additional duties on local correctional facilities in
connection with inmate medical care, 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to prevent sterilization abuse of vulnerable populations, to
ensure safeguards against sterilization abuse within the coercive
environment of prison and jail, and to positively affirm that all
people should have the right to fully self-determine their
reproductive lives free from coercion, violence, or threat of force.
SEC. 2. Chapter 6 (commencing with Section 3440) is added to Title
2 of Part 3 of the Penal Code, to read:
CHAPTER 6. STERILIZATION OF INMATES
3440. (a) Sterilization for the purpose of birth control,
including, but not limited to, during labor and delivery, of an
individual under the control of the department or a county and
imprisoned in the state prison or a reentry facility, community
correctional facility, county jail, or any other institution in which
an individual is involuntarily confined or detained under a civil or
criminal statute, is prohibited.
(b) Sterilization of an individual under the control of the
department or a county and imprisoned in the state prison or a
reentry facility, community correctional facility, county jail, or
any other institution in which an individual is involuntarily
confined or detained under a civil or criminal statute, through tubal
ligation, hysterectomy, oophorectomy, salpingectomy, or any other
means rendering an individual permanently incapable of reproducing,
is prohibited except in either of the following circumstances:
(1) The procedure is required for the immediate preservation of
the individual's life in an emergency medical situation.
(2) The sterilizing procedure is medically necessary, as
determined by contemporary standards of evidence-based medicine, to
treat a diagnosed condition, and all of the following requirements
are satisfied:
(A) Less invasive measures to address the medical need are
nonexistent, are refused by the individual, or are first attempted
and deemed unsuccessful by the individual, in consultation with his
or her medical provider.
(B) A second physician independent of, and not employed by, but
authorized to provide services to individuals in the custody of, and
to receive payment for those services from, the department or county
department overseeing the confinement of the individual conducts an
in-person consultation with the individual and confirms the need for
a medical intervention resulting in sterilization to address the
medical need.
(C) Patient consent is obtained after the individual is made aware
of the full and permanent impact the procedure will have on his or
her reproductive capacity, that future medical treatment while under
the control of the department or county will not be withheld should
the individual refuse consent to the procedure, and the side effects
of the procedure.
(c) If a sterilization procedure is performed pursuant to
paragraph (1) or (2) of subdivision (b), presterilization and
poststerilization psychological consultation and medical followup,
including providing relevant hormone therapy to address surgical
menopause, shall be made available to the individual sterilized while
under the control of the department or the county.
(d) (1) The department shall, if a sterilization procedure is
performed on one or more individuals under its control, annually
publish on its Internet Web site data related to the number of
sterilizations performed, disaggregated by race, age, medical
justification, and method of sterilization.
(2) (A) Each county jail or other institution of confinement
shall, if a sterilization procedure is performed on one or more
individuals under its control, annually submit to the Board of State
and Community Corrections data related to the number of
sterilizations performed, disaggregated by race, age, medical
justification, and method of sterilization.
(B) The Board of State and Community Corrections shall annually
publish the data received pursuant to subparagraph (A) on its
Internet Web site.
(e) The department and all county jails or other institutions of
confinement shall provide notification to all individuals under their
custody and to all employees who are involved in providing health
care services of their rights and responsibilities under this
section.
(f) An employee of the department or of a county jail or other
institution of confinement who reports the sterilization of an
individual performed in violation of this section is entitled to the
protection available under subparagraphs (A) and (B) of paragraph (2)
of subdivision (a) of Section 6129, or under the California
Whistleblower Protection Act (Article 3 (commencing with Section
8547) of Chapter 6.5 of Division 1 of Title 2 of the Government Code)
or the Whistleblower Protection Act (Article 10 (commencing with
Section 9149.20) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of
the Government Code).
SEC. 3. 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.
