Bill Text: CA SB1135 | 2013-2014 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 1135	AMENDED
	BILL TEXT

	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, as amended, 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
 required for the necessary treatment of a physical medical
condition if   medically necessary, excluding for the
purpose of   birth control, 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 and all county jails or other institutions of
confinement to publish an annual report of sterilizations performed,
disaggregated by race, age, medical justification, and method of
sterilization, including, but not limited to, hysterectomy and
oophorectomy, and 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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, 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  required for
the necessary treatment of a physical medical condition, excluding
birth control, and only if   medically necessary,
excluding for the purpose of birth control, as determined by
contemporary standards of evidence-based medicine, to treat a
diagnosed condition, and  all of the following requirements are
satisfied:
   (A) Less  drastic   invasive  measures
to address the medical need are nonexistent, are refused by the
individual, or are first attempted and deemed  unsuccessful.
  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) The department and all county jails or other institutions of
confinement shall do both of the following:
   (1) Publish an annual report of sterilizations performed,
disaggregated by race, age, medical justification, and method of
sterilization, including, but not limited to, hysterectomy and
oophorectomy.
   (2) 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.
   (e) 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.