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  MAY 31, 2016
	AMENDED IN SENATE  APRIL 7, 2016
	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Mitchell
    (   Coauthor:   Assembly Member  
Cristina Garcia   ) 

                        FEBRUARY 19, 2016

   An act  to repeal Section 4023.5 of, and  to
repeal and add Section 3409 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 a local detention 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
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  the  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.  
facility.  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 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   no  .


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  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  in state prison
 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)  The  California Correctional Health Care Services
 or the local detention facility  shall establish a
formulary  consisting   that consists  of
all FDA-approved birth control methods  and  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.   facility.  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,  
pregnant,  shall be furnished by a licensed health care provider
who has been provided  with  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   that  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.    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.