Amended  IN  Assembly  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2507

Introduced by Assembly Member Jones-Sawyer

February 14, 2018

An act to add Sections 2067, 4002.5, and 4110.5 to the Penal Code, and to add Section 885.5 to the Welfare and Institutions Code, relating to detention facilities. Section 4002.5 to the Penal Code, relating to county jails.


LEGISLATIVE COUNSEL'S DIGEST


AB 2507, as amended, Jones-Sawyer. Detention facilities: County jails: infant and toddler breast milk feeding policy.
Existing law provides that the Department of Corrections and Rehabilitation has jurisdiction over the state prison. Existing law places a county jail under the jurisdiction of the sheriff of the county. Existing law authorizes the board of supervisors of a county to establish an industrial farm or industrial road camp and requires the board to employ a superintendent of that farm or camp to administer the facility. Existing law requires the Department of Corrections and Rehabilitation to establish for state facilities, and the Board of State and Community Corrections to establish for local correctional facilities, excluding portions of the facilities devoted only to the confinement of minors, minimum standards Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities governing, among other things, prenatal and postpartum information and health care, and information pertaining to childbirth and infant care, for pregnant inmates in those facilities.

Existing law authorizes the board of supervisors of a county, by ordinance, to establish juvenile ranches, camps, or forestry camps, within or without the county, to which wards of the juvenile court, as specified, may be committed. Existing law requires the Board of State and Community Corrections to adopt and prescribe, among other things, the minimum standards of operation for juvenile ranches, camps, and forestry camps.

This bill would require, on or before July 1, 2019, the Secretary of the Department Corrections and Rehabilitation, each county sheriff, each superintendent of an industrial farm or industrial road camp, and, with respect to a juvenile ranch, camp, or forestry camp, the Board of State and Community Corrections, each county sheriff to develop and implement an infant and toddler breast milk feeding policy for lactating inmates or wards, as applicable, inmates detained in or sentenced to a county jail that is based on currently accepted best practices. The bill would require the policy to include provisions for, among other things, procedures for providing medically appropriate support and care related to the cessation of lactation or weaning and for conditioning an inmate’s or ward’s participation in the program upon the inmate or ward undergoing drug screening. The bill would require the policy to be posted in the facility, jail, as specified, and to be communicated to all staff persons who interact with or oversee pregnant or lactating inmates or wards. inmates.
By imposing a higher level of service on county employees, 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 2067 is added to the Penal Code, to read:
2067.

(a)On or before July 1, 2019, the Secretary of the Department of Corrections and Rehabilitation shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:

(1)Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.

(2)Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the facility administrator.

(3)Procedures for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening.

(b)The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the facility where medical care is regularly provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.

(c)(1)This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.

(2)This section applies in all facilities under the jurisdiction of the director, including juvenile facilities.

SEC. 2.SECTION 1.

 Section 4002.5 is added to the Penal Code, to read:

4002.5.
 (a) On or before July 1, 2019, the sheriff of each county shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:
(1) Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.
(2) Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the facility administrator.
(3) Procedures for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening.
(b) The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the jail where medical care is provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.
(c) This section applies without regard to whether the jail is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.

SEC. 3.Section 4110.5 is added to the Penal Code, to read:
4110.5.

(a)On or before July 1, 2019, the superintendent of an industrial farm or industrial road camp shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates who are detained in or sentenced to the industrial farm or industrial road camp. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:

(1)Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.

(2)Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the superintendent.

(3)Procedures for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening.

(b)The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the facility where medical care is regularly provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.

(c)This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.

SEC. 4.Section 885.5 is added to the Welfare and Institutions Code, to read:
885.5.

(a)On or before July 1, 2019, the Board of State and Community Corrections shall develop and implement an infant and toddler breast milk feeding policy for lactating wards who are detained in a juvenile ranch, camp, or forestry camp established pursuant to Section 881. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:

(1)Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.

(2)Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating ward and with the approval of the facility administrator.

(3)Procedures for conditioning a ward’s participation in the program upon the ward undergoing drug screening.

(b)The infant and toddler breast milk feeding policy for lactating wards shall be posted in all locations in the facility where medical care is regularly provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating wards.

(c)This section applies without regard to whether the facility is operated pursuant to a contract with a private contractor.

SEC. 5.SEC. 2.

 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.