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AB-732 County jails: prisons: incarcerated pregnant persons.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
AB732:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2019

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 Sections 3408 and 4023.8 to the Penal Code, relating to county jails. incarcerated persons.


LEGISLATIVE COUNSEL'S DIGEST


AB 732, as amended, Bonta. County jails: pregnant inmates. prisons: incarcerated pregnant persons.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Under existing law, a female prisoner has the right to summon and receive the services of any physician and surgeon to determine whether they are pregnant. If the prisoner is found to be pregnant, existing law entitles the prisoner to services from the physician and surgeon of the prisoner’s choice. Existing law prohibits an inmate known to be pregnant or in recovery after delivery from being restrained by the use of leg irons, waist chains, or handcuffs behind the body and prohibits restraints by the wrist, ankles, or both, unless deemed necessary for safety purposes, during labor, delivery, and recovery. Existing law requires an incarcerated person in state prison who menstruates to have access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.
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 or the state prison 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. jail or prison. The bill would require an inmate incarcerated person who is confirmed to be pregnant to be scheduled for an obstetrics examination within 7 days. The bill would require pregnant inmates incarcerated pregnant persons to be scheduled for prenatal care visits, as specified. The bill would require pregnant inmates incarcerated pregnant persons to be provided specified prenatal services and a referral to a medical social worker. The bill would require inmates incarcerated pregnant persons to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow a pregnant inmate an incarcerated pregnant person to elect to have a support person present during childbirth. The bill would require an inmate an incarcerated pregnant person to be provided with a postpartum examination one week, 2 weeks, 6 weeks, and 12 weeks postpartum. The bill would prohibit solitary confinement for incarcerated pregnant persons. The bill would require the jail or prison to provide personal hygiene products for use with the person’s menstrual cycle and reproductive system. 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 3408 is added to the Penal Code, to read:

3408.
 (a) An incarcerated person in the state prison 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 prison.
(b) An incarcerated person in prison who is confirmed to be pregnant shall be scheduled for prenatal examination with an obstetrician, obstetrical nurse practitioner, or certified nurse midwife within seven days of arriving at the prison. 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) Incarcerated pregnant persons shall be scheduled for prenatal care visits as follows, unless otherwise indicated by the obstetrician, 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) Incarcerated pregnant persons 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 a 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) Incarcerated pregnant persons housed in a multitier housing unit shall be assigned lower bunk and lower tier housing.
(f) Incarcerated pregnant persons 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 incarcerated pregnant person or person who gives birth after incarceration in the prison shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. 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 prison, the reason for the denial shall be provided in writing to the incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff.
(h) Each incarcerated pregnant person shall be referred to a medical 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 delivery.
(2) Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement.
(3) Oversee the placement of the newborn child.
(i) An incarcerated pregnant person may be temporarily taken to a hospital outside the prison for the purpose of giving childbirth and shall be transported in the least restrictive way possible. An incarcerated pregnant person in labor shall be treated as an emergency and shall be transported via ambulance to the outside facility, accompanied by prison staff.
(j) An incarcerated pregnant person may elect to have a support person present during childbirth. The support person may be an approved visitor or the prison’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 prison or that person’s designee. If an incarcerated pregnant person’s request for an elected support person is denied, reason for the denial shall be provided in writing to the incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff. Upon receipt of a written denial, the incarcerated pregnant person may choose the approved institution staff to act as the support person.
(k) All pregnant and postpartum incarcerated persons 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 incarcerated pregnant patients who are hospitalized for prolonged periods of time or are experiencing regular, painful, and frequent labor contractions shall not be shackled by the wrists, ankles, or both.
(m) Upon return to prison, an obstetrician, obstetrical nurse practitioner, or certified nurse midwife shall provide an examination at one week, two weeks, six weeks, and 12 weeks postpartum and shall determine whether the incarcerated person may be cleared for full duty or if medical restrictions are warranted.
(n) An incarcerated pregnant person shall not be held in solitary confinement.
(o) An incarcerated person shall, upon request, be provided with materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.

SECTION 1.SEC. 2.

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

4023.8.
 (a) An inmate of incarcerated person in 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 incarcerated person in a county jail who is confirmed to be pregnant shall be scheduled for an obstetrics a prenatal examination with an obstetrician physician, obstetrician, 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 Incarcerated pregnant persons shall be scheduled for prenatal care visits as follows, unless otherwise indicated by the obstetrician physician, obstetrician, 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 Incarcerated pregnant persons 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 Incarcerated pregnant persons housed in a multi-tier housing unit shall be assigned lower bunk and lower tier housing.
(f) Pregnant inmates Incarcerated pregnant persons 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 incarcerated pregnant person or person 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. incarcerated persons. 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 incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the inmate, incarcerated person, infant, public, or staff.
(h) Each pregnant inmate incarcerated pregnant person shall be referred to a medical social worker who shall do all of the following:
(1) Discuss with the inmate incarcerated person the options available for placement feeding, placement, and care of the child after delivery.
(2) Assist the pregnant inmate incarcerated pregnant person 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 An incarcerated pregnant person 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 An incarcerated pregnant person 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 An incarcerated pregnant person 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 an incarcerated pregnant person’s request for an elected support person is denied, reason for the denial shall be provided in writing to the inmate incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the inmate, incarcerated person, infant, public, or staff. Upon receipt of a written denial, the pregnant inmate incarcerated pregnant person may choose the approved institution staff to act as the support person.
(k) All pregnant and postpartum inmates incarcerated persons 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 incarcerated pregnant 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, obstetrician, 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 incarcerated person may be cleared for full duty or if medical restrictions are warranted.
(n) An incarcerated pregnant person shall not be held in solitary confinement.
(o) An incarcerated person shall, upon request, be provided with materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.

SEC. 2.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.