BILL NUMBER: SB 1135INTRODUCED BILL TEXT INTRODUCED BY Senator Jackson (Principal coauthors: Senators Anderson and Hancock) (Principal coauthor: Assembly Member Lowenthal) FEBRUARY 20, 2014 An act to add Chapter 6 (commencing with Section 3440) to Title 2 of Part 3 of the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGEST SB 1135, as introduced, Jackson. Inmates: sterilization. Existing law establishes a state correctional system and provides for the establishment of county jails. Existing law regulates certain aspects of medical care for inmates. This bill would prohibit sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility, as specified. The bill would also otherwise prohibit any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation and when required for the necessary treatment of a physical medical condition if certain requirements are satisfied, including that patient consent is obtained. If a sterilization procedure is performed pursuant to these exceptions, the bill would require psychological consultation and medical followup, as specified. The bill would require the department and all county jails or other institutions of confinement to publish an annual report of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, including, but not limited to, hysterectomy and oophorectomy. By imposing additional duties on local correctional facilities in connection with inmate medical care, 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. It is the intent of the Legislature in enacting this act to prevent sterilization abuse of vulnerable populations, to ensure safeguards against sterilization abuse within the coercive environment of prison and jail, and to positively affirm all peoples' right to fully self-determine their reproductive lives free from coercion, violence, or threat of force. SEC. 2. Chapter 6 (commencing with Section 3440) is added to Title 2 of Part 3 of the Penal Code, to read: CHAPTER 6. STERILIZATION OF INMATES 3440. (a) Sterilization for the purpose of birth control, including, but not limited to, during labor and delivery, of an individual under the control of the department or a county and imprisoned in a state prison, reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, is prohibited. (b) Sterilization of an individual under the control of the department or a county and imprisoned in a state prison, reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, through tubal ligation, hysterectomy, oopherectomy, or any other means rendering an individual permanently incapable of reproducing, is prohibited except in either of the following circumstances: (1) The procedure is required for the immediate preservation of the individual's life in an emergency medical situation. (2) The procedure is required for the necessary treatment of a physical medical condition, excluding birth control, and only if all of the following requirements are satisfied: (A) Less drastic measures to address the medical need are nonexistent, are refused by the individual, or are first attempted and deemed unsuccessful. (B) A second physician independent of, and not employed by, the department or county department overseeing the confinement of the individual is consulted and confirms the need for a medical intervention resulting in sterilization to address the medical need. (C) Patient consent is obtained after the individual is made aware of the full and permanent impact the procedure will have on his or her reproductive capacity, that future medical treatment while under the control of the department or county will not be withheld should the individual refuse consent to the procedure, and the side effects of the procedure. (c) If a sterilization procedure is performed pursuant to paragraph (1) or (2) of subdivision (b), presterilization and poststerilization psychological consultation and medical followup, including providing relevant hormone therapy to address surgical menopause, shall be made available to the individual sterilized while under the control of the department or the county. (d) The department and all county jails or other institutions of confinement shall publish an annual report of sterilizations performed, disaggregated by race, age, medical justification, and method of sterilization, including, but not limited to, hysterectomy and oophorectomy. SEC. 3. 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.