Bill Text: CA AB2740 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2740

Introduced

Bill Title: Incarcerated persons: prenatal and postpartum care.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-10 - In committee: Set, first hearing. Referred to suspense file. [AB2740 Detail]

Download: California-2023-AB2740-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2740

Introduced by Assembly Member Waldron

February 15, 2024

An act to add Sections 3408.4, 3408.5, and 6404.5 to the Penal Code, relating to incarcerated persons.

LEGISLATIVE COUNSEL'S DIGEST

AB 2740, as introduced, Waldron. Incarcerated persons: prenatal and postpartum care.

Existing law requires an incarcerated person in a 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. Existing law requires 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. Existing law requires incarcerated pregnant persons to be provided specified prenatal services and a referral to a social worker. Existing law requires incarcerated pregnant persons be given access to community-based programs serving pregnancy, birthing, or lactating inmates. Existing law allows an incarcerated pregnant person to be provided with a postpartum examination within one week, and as needed up to 12 weeks, postpartum.

This bill would require, within 7 days of arriving at a prison, each incarcerated pregnant person to be referred to a social worker to discuss options for parenting classes and other classes relevant to caring for newborns and options for placement and visiting the newborn. The bill would require a prenatal plan of care to include additional meals and beverages. The bill would also require that the incarcerated mother and newborn child remain at a medical facility after delivery for recovery, postpartum medical care, and bonding time for no fewer than 3 days before the child is removed. The bill would require that the incarcerated mother be permitted to breastfeed the newborn and pump breast milk to be stored and taken with the child upon removal from the medical facility.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons, and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, that may impact the visitation of inmates to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations establish the framework for establishing a visiting process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations.

This bill would require the department to expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the incarcerated mother and newborn child following delivery. The bill would prohibit limiting family visitation for the incarcerated mother to see their newborn child unless the incarcerated mother was convicted of a sex offense and the victim was a minor or family member.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3408.4 is added to the Penal Code, to read:

3408.4.

Within seven days of arriving at the prison, each incarcerated pregnant person shall be referred to a social worker who shall discuss with the incarcerated person options for parenting classes and other classes relevant to caring for newborns and options for visiting with the newborn. Upon referral, a social worker shall discuss with the incarcerated pregnant person the options to establish future placement for the child and to secure that placement for the child.

SEC. 2.

Section 3408.5 is added to the Penal Code, to read:

3408.5.

(a) A plan of care for an incarcerated pregnant person developed pursuant to Section 3408 shall include a meal plan with additional meals and beverages, in accordance with medical standards of care.

(b) Following delivery at a medical facility as required by Section 3408, the incarcerated mother and the newborn child shall remain at the facility no fewer than three days after delivery for recovery and postpartum medical care. The incarcerated mother and child shall be provided with no fewer than three days of bonding time after delivery and before the newborn child is removed.

(c) The incarcerated mother shall be permitted to breastfeed the newborn and pump breast milk to be stored and provided to the child upon removal from the medical facility.

SEC. 3.

Section 6404.5 is added to the Penal Code, to read:

6404.5.

(a) The department shall expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the incarcerated mother and newborn child following delivery.

(b) Eligibility for family visitation for the incarcerated mother to see their newborn child shall not be limited unless the incarcerated mother was convicted of a sex offense and the victim was a minor or family member.