(1) 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 incarcerated person in a county jail or the 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 test upon intake or request, and in the case of a county jail, within 72 hours of arrival at the jail. The bill would require 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. The bill would require incarcerated pregnant persons to be scheduled for prenatal care visits, as specified. The bill would require incarcerated pregnant persons to be provided specified prenatal services and a referral to a social worker. The bill would require incarcerated pregnant persons to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow an incarcerated pregnant person to elect to have a support person present during childbirth. The bill would require an incarcerated pregnant person to be provided with a postpartum examination one week, and as needed up to 12 weeks postpartum. The bill would prohibit the use of tasers, pepper spray, or other chemical weapons against incarcerated pregnant persons. By imposing new duties on county jails, this bill would impose a state-mandated local program.

(2) Existing law provides an inmate in a prison or local detention facility with the right to summon and receive the services of any physician to determine whether they are pregnant.

This bill would provide an incarcerated person in a local detention facility with the right to summon a physician, nurse practitioner, certified nurse midwife, or physician assistant. The bill would make conforming changes.

(3) Existing law requires that any female person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system.

This bill would specify that this includes, but is not limited to, sanitary pads and tampons, and would require those items to be provided at no cost to the incarcerated person. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program.

(4) Existing law requires local detention facilities to furnish every female person confined in the facility with information and education regarding the availability of family planning services and requires that family planning services be offered at least 60 days prior to a scheduled release.

This bill would make these requirements applicable to all incarcerated persons. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program.

(5) 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.