Existing law requires an incarcerated person in a state prison who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration to be offered a pregnancy test upon intake or request. Existing law requires an incarcerated person who is confirmed to be pregnant to be scheduled for pregnancy examination with a physician, nurse practitioner, certified nurse midwife, or physician assistant within 7 days. Existing law requires incarcerated pregnant persons to be provided specified prenatal services and a referral to a social worker. Existing law requires incarcerated pregnant persons be given access to community-based programs serving pregnancy, birthing, or lactating inmates. Existing law allows an incarcerated pregnant person to be provided with a postpartum examination within one week, and as needed up to 12 weeks, postpartum.

This bill would require, within 7 days of arriving at a prison, each incarcerated pregnant person to be referred to a social worker to discuss options for parenting classes and other classes relevant to caring for newborns and options for placement and visiting the newborn. The bill would require a prenatal plan of care to include additional meals and beverages. The bill would also require that the incarcerated mother and newborn child remain at a medical facility after delivery for as long as the medical provider determines is necessary for recovery and postpartum medical care. The bill would require the mother and child to be provided with bonding time, as specified. The bill would require that the incarcerated mother be permitted to breastfeed the newborn at the medical facility, and pump breast milk to be stored and provided to the child.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons, and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, that may impact the visitation of inmates to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations establish the framework for establishing a visiting process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations.

This bill would require the department to expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the incarcerated mother and newborn child following delivery. The bill would require family visitation for the incarcerated mother to see their newborn child to be allowed as available, unless the department has made a case-by-case determination that the incarcerated mother would pose a threat of harm to their newborn child.