Today's Law As Amended


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AB-568 Pregnant inmates and wards: least restrictive restraints. (2011-2012)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) California has the third largest population of incarcerated women in the country. Tens of thousands of women go through county jails every year and an average of 4 to 7 percent are pregnant.
(b) The health and safety of pregnant inmates shall be a primary concern of all adult and juvenile state and local correctional and detention facilities.
(c) Using restraints that significantly limit a pregnant inmate’s mobility can cause serious and undue health risks to the woman and her pregnancy.
(d) Potentially harmful methods of restraint include, but are not limited to, shackling by the ankles, by the wrists in front or behind the body, across the abdomen, or to another person.
(e) To avoid threatening the health of pregnant women and potential legal challenges, it is critical that policies are adopted ensuring that restraints are properly used with this vulnerable population.
(f) It is critical that, adult and juvenile state and local correctional and detention facilities develop policies that ensure that inmates who are known to be pregnant are not restrained unless deemed necessary for the security of the inmate, staff, or the public, or all combined. Should restraints be necessary under these circumstances, facilities are instructed to use the least restrictive means of restraint as determined by the Corrections Standards Authority.
(g) These policies must meet the minimum standards established by the Corrections Standards Authority for the proper use of restraints on pregnant inmates during transport, as established pursuant to Section 6030 of the Penal Code.
(h) Pursuant to Section 6030 of the Penal Code, the Corrections Standards Authority has the authority to issue minimum standards for treatment of people incarcerated within correctional facilities, treatment of inmates in custody during temporary appointments outside correctional facilities, and transportation of inmates among correctional facilities and to and from appointments outside of correctional facilities. The Corrections Standards Authority has previously promulgated transportation regulations, including, but not limited to, requiring local correctional facilities to provide transportation for inmates in need of medical services as set forth in subdivision (c) of Section 1206 of Title 15 of the California Code of Regulations, and requiring all juvenile facilities to provide transportation for minors to mental health facilities as set forth in subdivision (f) of Section 1437 of Title 15 of the California Code of Regulations, and that all juvenile facilities have adequate transportation staff as set forth in subdivision (g) of Section 1321 of Title 15 of the California Code of Regulations. The Corrections Standards Authority has also previously established regulations addressing the treatment of inmates temporarily taken outside of correctional facilities, including requiring local correctional facilities to create policies and procedures for handling situations such as furloughs and other temporary releases, and requiring facilities to have adequate field supervision staff, as set forth in Sections 1027, 1029, and 1351 of Title 15 of the California Code of Regulations.

SEC. 2.

 Section 5007.7 of the Penal Code is amended to read:

5007.7.
 An inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days shall be deemed indigent. An indigent inmate shall receive basic supplies necessary for maintaining personal hygiene. An indigent inmate shall be provided with sufficient resources to communicate with and access the courts, including, but  known to be pregnant shall not be shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the inmate, the staff, or the public. In cases where restraints are deemed necessary, the least restrictive means shall be used, which may include cuffing an inmate’s wrists in front, consistent with the legitimate security needs of each inmate. The restraints shall remain in place only as long as the threat exists. These provisions apply to, but are  not limited to, stamps, writing materials, envelopes, paper, and the services of a notary for the purpose of notarizing a signature on a document, as required. movement within the correctional facility, transport to and from the facility, and time spent outside of the facility to receive medical or dental care, to attend court, or any other appointment. 

SEC. 3.

 Section 6030 of the Penal Code is amended to read:

6030.
 (a) The Board of State and Community Corrections  Corrections Standards Authority  shall establish minimum standards for state and  local correctional facilities. The board authority  shall review those standards biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the following areas:  following:  health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and  local correctional facilities, and personnel training.
(c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures.
(d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and  are  provided all of the following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and post partum  postpartum  information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that a woman known to be pregnant or in recovery after delivery shall not be restrained,  shall not be shackled by the wrists, ankles, around the abdomen, or to another person,  except as provided in Section 3407. The board 5007.7. This includes, but is not limited to, time spent outside a correctional facility, during transport to or from a correctional facility, during labor, during delivery, and while in recovery after giving birth, except as provided in Section 5007.7. The authority  shall develop standards regarding the restraint shackling  of pregnant women at the next  pursuant to the amendments made to this subdivision as part of its  biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility’s compliance with the standards. established pursuant to this section. 
(g) In establishing minimum standards, the board authority  shall seek the advice of the following:
(1) For health and sanitary conditions:
The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested persons.
(3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and juvenile facilities:
The California State Sheriffs’ Association and Chief Probation Officers’ Association of California, and other interested persons.
(h) This section shall remain in effect only until July 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2012, deletes or extends that date.

SEC. 4.

 Section 6030 of the Penal Code, as amended by Section 34 of Chapter 36 of the Statutes of 2011, is amended to read:

6030.
 (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the following areas:  following:  health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and  local correctional facilities, and personnel training.
(c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures.
(d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and  are  provided all of the following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and post partum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that a woman known to be pregnant or in recovery after delivery shall not be restrained,  shall not be shackled by the wrists, ankles, around the abdomen, or to another person, except as provided in Section 5007.7. This includes, but is not limited to, time spent outside a correctional facility, during transport to or from a correctional facility, during labor, during delivery, and while in recovery after giving birth,  except as provided in Section 3407. 5007.7.  The board shall develop standards regarding the restraint shackling  of pregnant women at the next  pursuant to the amendments made to this subdivision as part of its  biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility’s compliance with the standards. established pursuant to this section. 
(g) In establishing minimum standards, the board authority  shall seek the advice of the following:
(1) For health and sanitary conditions:
The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested persons.
(3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and juvenile facilities:
The California State Sheriffs’ Association and Chief Probation Officers’ Association of California, and other interested persons.
(h) This section shall become operative on July 1, 2012.

SEC. 5.

 Section 222 of the Welfare and Institutions Code is amended to read:

222.
 (a) A Any  female in the custody of a local juvenile facility shall have the right to summon and receive the services of a any  physician and surgeon of her choice in order to determine whether she is pregnant. If she is found to be pregnant, she is entitled to a determination of the extent of the medical services needed by her and to the receipt of those services from the physician and surgeon of her choice. Expenses  Any expenses  occasioned by the services of a physician and surgeon whose services are not provided by the facility shall be borne by the female.
(b) A ward who is  known to be pregnant or in recovery from delivery  shall not be restrained except as provided in Section 3407 of the Penal Code. shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the ward, the staff, or the public. In cases where restraints are deemed necessary, the least restrictive means shall be used, which may include cuffing an inmate’s wrists in front, consistent with the legitimate security needs of each ward. The restraints shall remain in place only as long as the threat exists. These provisions apply to, but are not limited to, movement within the correctional facility, transport to and from the facility, and time spent outside of the facility to receive medical or dental care, to attend court, or any other appointment. 
(c) For purposes of this section, “local juvenile facility” means a any  city, county, or regional facility used for the confinement of juveniles for more than 24 hours.
(d) The rights provided to females by this section shall be posted in at least one conspicuous place to which all female wards have access.

SEC. 6.

 Section 1774 of the Welfare and Institutions Code is amended to read:

1774.
 (a) A Any  female who has been committed to the Department of Corrections and Rehabilitation,  Division of Juvenile Facilities shall have the right to summon and receive the services of a any  physician and surgeon of her choice in order to determine whether she is pregnant. The director  Chief Deputy Secretary for Juvenile Justice  may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate that determination.
(b) If she is found to be pregnant, she is entitled to a determination of the extent of the medical services needed by her and to the receipt of those services from the physician and surgeon of her choice. Expenses  Any expenses  occasioned by the services of a physician and surgeon whose services are not provided by the facility shall be borne by the female.
(c) A ward who gives birth while under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a community treatment program has the right to the following services:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(d) A ward who is  known to be pregnant or in recovery after delivery  shall not be restrained except as provided by Section 3407 of the Penal Code. shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the ward, the staff, and the public. In cases where restraints are deemed necessary, the least restrictive means shall be used, which may include cuffing an inmate’s wrists in front, consistent with the legitimate security needs of each ward. The restraints shall remain in place only as long as the threat exists. These provisions apply to, but are not limited to, movement within the correctional facility, transport to and from the facility, and time spent outside of the facility to receive medical or dental care, to attend court, or any other appointment. 
(e) A Any  physician providing services pursuant to this section shall possess a current, valid, and unrevoked certificate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.
(f) The rights provided to females by this section shall be posted in at least one conspicuous place to which all female wards have access.