Bill Text: CA SB1433 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Incarcerated persons: contraceptive counseling and services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State. Chapter 311, Statutes of 2016. [SB1433 Detail]

Download: California-2015-SB1433-Amended.html

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BILL NUMBER: SB 1433	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2016
	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Mitchell

                        FEBRUARY 19, 2016

   An act to  repeal Section 4023.5 of, and to  repeal and
add  Sections  Secti   on  3409
 and 4023.5  of the Penal Code, relating to
incarcerated persons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1433, as amended, Mitchell. Incarcerated persons: contraceptive
counseling and services.
   Existing law requires that any woman inmate in state prison, or
any female confined in a local detention facility, as defined, be
allowed to continue to use materials necessary for (1) personal
hygiene with regard to her menstrual cycle and reproductive system
and (2) birth control measures as prescribed by her physician, upon
her request. Existing law requires each and every woman inmate or
female confined in a local detention facility to be furnished with
information and education regarding the availability of family
planning services by the Department of Corrections and Rehabilitation
or the county, respectively. Existing law requires family planning
services to be offered to each and every woman inmate or female
confined in a local detention facility at least 60 days prior to a
scheduled release date, as specified. Existing law also requires the
department or county, respectively, to furnish any woman inmate or
female confined in a local detention facility with the services of a
licensed physician or with services necessary to meet her family
planning needs at the time of her release, as specified, upon her
request.
   This bill would provide that any person incarcerated in state
prison or  confined in  a local detention 
facility  facility, as defined,  who menstruates
shall, upon request, have access to and be allowed to use materials
necessary for personal hygiene with regard to their menstrual cycle
and reproductive system.  The bill would provide that
incarcerated or confined persons who are capable of becoming pregnant
shall, upon request, have access to and be allowed to obtain
contraceptive counseling and their choice of birth control at no
cost. The bill would require that all birth control methods and
emergency contraception approved by the United States Food and Drug
Administration (FDA) be made available to incarcerated or confined
persons who are capable of becoming pregnant, except as provided. The
bill would require all contraceptive counseling and contraceptive
services provided to these persons to be furnished by a licensed
health care practitioner with a clinical background in reproductive
health care and to be nondirective, unbiased, and noncoercive. The
bill would require health care providers furnishing contraceptive
services to receive specified training. The bill would require the
department or county, respectively, to furnish incarcerated or
confined persons who are capable of becoming pregnant with
information and education regarding the availability of family
planning services and their right to receive nondirective, unbiased,
and noncoercive contraceptive counseling and services. The bill would
require each facility to post this information in conspicuous
places, as specified. The bill would require contraceptive and family
planning services to be offered and made available to all
incarcerated or confined persons capable of becoming pregnant at
least 60 days, but not longer than 90 days, prior to a scheduled
release date.   The bill would provide that any
incarcerated person who is capable of becoming pregnant shall, upon
request, have access to and be allowed to obtain contraceptive
counseling and their choice of birth control method, as specified,
unless medically contraindicated. The bill would require that 
 all birth control methods approved by the United States Food and
Drug Administration (FDA) be made available to incarcerated persons
who are capable of becoming pregnant, except as provided, and would
require California Correctional Health Care Services or the local
detention facility to establish a formulary that   consists
of all of these birth control methods. The bill would provide that if
a birth control method has more than one FDA-approved therapeutic
equivalent, only one version of that method shall be required to be
made available, unless another version is specifically indicated by a
prescribing provider and approved by the chief medical physician at
the institution. The bill would require incarcerated persons to have
access to nonprescription birth control methods without the
requirement to see a licensed health care provider. The bill would
require that any contraceptive service that requires a prescription,
or any contraceptive counseling, provided to incarcerated persons
capable of becoming pregnant, be furnished by a licensed health care
provider who has been provided with training in reproductive health
care and be nondirective, unbiased, and noncoercive. The bill would
require health care providers furnishing contraceptive services to
receive specified training. The bill would require a facility to
  furnish incarcerated persons who are capable of becoming
pregnant with information and education regarding the availability of
family planning services and their right to receive nondirective,
unbiased, and noncoercive contraceptive counseling and services. The
bill would require each facility to post this information in
conspicuous places, as specified. The bill would require that
contraceptive and family planning services be offered and made
available to all incarcerated or confined persons capable of becoming
pregnant at least 60 days, but not longer than 180 days, prior to a
scheduled release date. By requiring  counties 
 city, county, or regional facilities  to provide
contraception counseling, birth control, and specified information
and education to persons confined in local detention facilities who
menstruate or who are capable of becoming pregnant, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3409 of the Penal Code is repealed. 
  SEC. 2.    Section 3409 is added to the Penal
Code, to read:
   3409.  (a) Any incarcerated person in state prison who menstruates
shall, upon request, have access and be allowed to use materials
necessary for personal hygiene with regard to their menstrual cycle
and reproductive system. Any incarcerated person who is capable of
becoming pregnant shall, upon request, have access and be allowed to
obtain contraceptive counseling and their choice of birth control at
no cost.
   (b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to
incarcerated persons who are capable of becoming pregnant, with the
exception of sterilizing procedures prohibited by Section 3440.
   (2) If a birth control method or emergency contraception has one
or more FDA-approved therapeutic equivalents, only one version of
that method or emergency contraception shall be required to be made
available unless another version is specifically indicated by a
prescribing provider.
   (c) (1) All contraceptive counseling and contraceptive services
provided to incarcerated persons who are capable of becoming pregnant
shall be furnished by a licensed health care provider with a
clinical background in reproductive health care and shall be
nondirective, unbiased, and noncoercive. These services shall be
furnished by the department or by any other agency which contracts
with the department. Except as provided in paragraph (2), health care
providers furnishing contraceptive services shall receive training
in the following areas:
   (A) The requirements of this section.
   (B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
   (2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in subparagraph (B).
   (d) Any incarcerated person who is capable of becoming pregnant
shall be furnished by the department with information and education
regarding the availability of family planning services and their
right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. Each facility shall post this
information in conspicuous places to which all incarcerated persons
who are capable of becoming pregnant have access.
   (e) Contraceptive counseling and family planning services shall be
offered and made available to all incarcerated persons who are
capable of becoming pregnant at least 60 days, but not longer than 90
days, prior to a scheduled release date.
   (f) Nothing in this section shall be construed to limit an
incarcerated person's access to any method of contraception that is
prescribed or recommended for any medically indicated reason.

   SEC. 2.    Section 3409 is added to the  
Penal Code   , to read:  
   3409.  (a) Any incarcerated person in state prison or a local
detention facility who menstruates shall, upon request, have access
and be allowed to use materials necessary for personal hygiene with
regard to their menstrual cycle and reproductive system. Any
incarcerated person who is capable of becoming pregnant shall, upon
request, have access and be allowed to obtain contraceptive
counseling and their choice of birth control methods, subject to the
provisions of subdivision (b), unless medically contraindicated.
   (b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to
incarcerated persons who are capable of becoming pregnant, with the
exception of sterilizing procedures prohibited by Section 3440.
   (2) California Correctional Health Care Services or the local
detention facility shall establish a formulary consisting of all
FDA-approved birth control methods that shall be available to persons
specified in subdivision (a). If a birth control method has more
than one FDA-approved therapeutic equivalent, only one version of
that method shall be required to be made available, unless another
version is specifically indicated by a prescribing provider and
approved by the chief medical physician at the institution. Persons
shall have access to nonprescription birth control methods without
the requirement to see a licensed health care provider.
   (c) (1) Any contraceptive service that requires a prescription, or
any contraceptive counseling, provided to incarcerated persons who
are capable of becoming pregnant provided, shall be furnished by a
licensed health care provider who has been provided training in
reproductive health care and shall be nondirective, unbiased, and
noncoercive. These services shall be furnished by the facility or by
any other agency which contracts with the facility. Except as
provided in paragraph (2), health care providers furnishing
contraceptive services shall receive training in the following areas:

   (A) The requirements of this section.
   (B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
   (2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in paragraph (1).
   (d) Any incarcerated person who is capable of becoming pregnant
shall be furnished by the facility with information and education
regarding the availability of family planning services and their
right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. Each facility shall post this
information in conspicuous places to which all incarcerated persons
who are capable of becoming pregnant have access.
   (e) Contraceptive counseling and family planning services shall be
offered and made available to all incarcerated persons who are
capable of becoming pregnant at least 60 days, but not longer than
180 days, prior to a scheduled release date.
   (f) Nothing in this section shall be construed to limit an
incarcerated person's access to any method of contraception that is
prescribed or recommended for any medically indicated reason.
   (g) For purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of a
person for more than 24 hours. 
  SEC. 3.  Section 4023.5 of the Penal Code is repealed. 
  SEC. 4.    Section 4023.5 is added to the Penal
Code, to read:
   4023.5.  (a) Any person confined in a local detention facility who
menstruates shall, upon request, have access and be allowed to use
materials necessary for personal hygiene with regard to their
menstrual cycle and reproductive system. Any person confined in a
local detention facility who is capable of becoming pregnant shall,
upon request, have access and be allowed to obtain contraceptive
counseling and their choice of birth control at no cost.
   (b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to persons
confined in a local detention facility who are capable of becoming
pregnant, with the exception of sterilizing procedures prohibited by
Section 3440.
   (2) If a birth control method or emergency contraception has one
or more FDA-approved therapeutic equivalents, only one version of
that method or emergency contraception shall be required to be made
available unless another version is specifically indicated by a
prescribing provider.
   (c) (1) All contraceptive counseling and provision of
contraceptive services to persons confined in a local detention
facility who are capable of becoming pregnant shall be furnished by a
licensed health care provider with a clinical background in
reproductive health care and shall be nondirective, unbiased, and
noncoercive. These services shall be furnished by the county or by
any other agency which contracts with the county. Except as provided
in paragraph (2), health care providers furnishing contraceptive
services shall receive training in the following areas:
   (A) The requirements of this section.
   (B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
   (2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in subparagraph (B).
   (d) Any person confined in a local detention facility who is
capable of becoming pregnant shall be furnished by the county with
information and education regarding the availability of family
planning services and their right to receive nondirective, unbiased,
and noncoercive contraceptive counseling and services. Each facility
shall post this information in conspicuous places to which all
persons confined in a local detention facility who are capable of
becoming pregnant have access.
   (e) Contraceptive counseling and family planning services shall be
offered and made available to all persons confined in a local
detention facility who are capable of becoming pregnant at least 60
days, but not longer than 90 days, prior to a scheduled release date.

   (f) Nothing in this section shall be construed to limit the access
of a person who is confined in a local detention facility to any
method of contraception that is prescribed or recommended for any
medically indicated reason.
   (g) For purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of a
person for more than 24 hours. 
   SEC. 5.   SEC. 4.   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.