Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 999

Introduced by Assembly Member Bonta

February 22, 2013

An act begin insert to add Chapter 10.9 (commencing with Section 6500) to Title 7 of Part 3 of the Penal Code, end insert relating to begin insert prison end insert inmates.

LEGISLATIVE COUNSEL’S DIGEST

AB 999, as amended, Bonta. begin delete Inmates: pilot project. end delete begin insert Prisoner Protections for Family and Community Health Act. end insert

Under existing law, the Secretary of the Department of Corrections and Rehabilitation is responsible for the administration of the state prisons. begin insert Existing law makes it a crime to engage in sodomy while incarcerated in a state prison and existing regulation prohibits inmates from participating in illegal sexual acts. end insert

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This bill would require the department to develop a 5-year plan to extend the availability of condoms in all California prisons. The bill would require, commencing January 1, 2015, that no less than 5 prisons be incorporated into the program each year, and would require a comprehensive plan including every prison in the state by the final year. The bill would make related findings and declarations.

end insert begin delete

This bill would declare the intent of the Legislature to enact legislation to expand a successful pilot program that was established at California State Prison, Solano.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 10.9 (commencing with Section 6500)
is added to Title 7 of Part 3 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 10.9. end insert Prisoner Protections for Family and
Community Health Act

 

begin insert 6500. end insert   

This act shall be known, and may be cited, as the
Prisoner Protections for Family and Community Health Act.

begin insert 6501. end insert   

The Legislature finds and declares all of the following:

(a) Assembly Bill 1334 of the 2007--08 Regular Session would
have required the Department of Corrections and Rehabilitation
to allow nonprofits and health agencies to enter department
institutions to provide sexual barrier protection devices such as
condoms to state prisoners.

(b) In his October 14, 2007, veto message, Governor Arnold
Schwarzenegger noted that, although it is illegal to engage in
sexual activity while incarcerated, providing access to condoms
is “consistent with the need to improve our prison healthcare
system and overall public health.”

(c) The veto message directed the department to determine the
risk and viability of such a program by identifying one state prison
facility for the purpose of allowing nonprofits and health agencies
to distribute sexual barrier devices.

(d) To accomplish the Governor’s directive, a pilot program
was implemented in Solano State Prison, Facility II, for one year,
from November 5, 2008, through November 4, 2009. Several
agencies covered all costs and volunteered their staff time and
expertise.

(e) The Center for Health Justice, a nonprofit organization,
purchased the condom dispensing machines and condoms,
monitored and refilled the dispensers throughout the pilot period,
and provided education for staff and inmates.

(f) Researchers from the Division of Correctional Health Care
Services, Public Health Unit; the State Department of Public
Health, Office of AIDS, and the Sexually Transmitted Disease
Control Branch provided evaluation services and finalized their
conclusions in a September 2011 report entitled: Evaluation of a
Prisoner Condom Access Pilot Program Conducted in One
California State Prison Facility.

(g) The report concluded that there was no evidence that the
availability of condoms created an increased risk of breaches of
safety or security, or resulted in injury to staff or inmates in a
general population prison facility setting.

(h) The report also stated that its findings may not be
generalizable to other settings, for example, because of higher
security or in a setting dedicated to inmates with mental health
problems. Additional pilot studies may be warranted in these other
settings.

(i) The report concluded that providing condoms from
dispensing machines similar to those used in the pilot program is
feasible and of relatively low cost to implement and maintain.

(j) Estimates of the in-prison HIV and STD transmission rates
are not available. However, given the relatively low cost of
providing condoms relative to the cost of treating HIV, and that
very few HIV infections would need to be prevented to cover the
costs of the program, it is likely that providing condoms could
reduce department medical costs.

begin insert 6502. end insert   

(a) Based on the recommendations contained in the
“Evaluation of a Prisoner Condom Access Pilot Program
Conducted in One California State Prison Facility” report, and
in light of the successful pilot project conducted at California State
Prison, Solano, the Department of Corrections and Rehabilitation
shall develop a five-year plan to expand the availability of condoms
in all California prisons.

(b) Commencing January 1, 2015, no less than five prisons, as
determined by the department, shall be incorporated into the
program each year, with the final year yielding a comprehensive
plan that includes every prison in the state.

(c) In developing the plan, the department shall consider all of
the following recommendations that were made in the report:

(1) Initiate and incrementally expand a program to provide
inmates with access to condoms while continuing to monitor the
safety and acceptability of the program.

(2) Consider additional pilot studies in settings that may pose
a serious health or safety risk, for example, higher security
facilities or housing for inmates with serious mental health
problems.

(3) Mount dispensers in discreet locations to provide
confidential access and increase accessibility by minimizing
inoperability due to vandalism. Dispensers with solid steel
construction and protected locks are available that are more
tamper resistant than those used in the pilot study.

(4) Consider making condoms available confidentially upon
request during a medical or mental health visit, in addition to
dispensing machines.

(5) Provide information to staff and inmates describing findings
from the current study demonstrating that safety and security were
not impacted by the distribution of condoms.

(6) Include inmate peer educators, inmates’, Men’s, and
Women’s advisory counsels, and medical, public health, and
custody staff in local institutional condom program planning and
implementation.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to expand a successful pilot program that was
established at California State Prison, Solano.

end delete