Existing law requires an incarcerated person in a state prison or county jail 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 pregnancy 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 with access to, among other things, prenatal vitamins. Existing law prohibits incarcerated pregnant persons from being tased, pepper sprayed, or exposed to other chemical weapons.
This bill would additionally require incarcerated pregnant persons to be provided with free and clean bottled water and daily high-quality and high caloric nutritional meals, as specified. The bill would also prohibit incarcerated pregnant persons from being placed in solitary confinement or restrictive housing units during their pregnancy or for 12 weeks postpartum.
Existing law, for a pregnant person incarcerated in the state prison, requires that person to be provided access to community-based programs serving pregnant, birthing, or lactating incarcerated persons, and authorizes that person to elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. Existing law requires, if that person's request for access to community-based programs or a support person is denied, the reason for the denial to be provided in writing to the incarcerated person within 15 working days of receipt of the request.
This bill would require the reasons for that denial to be provided in writing to the incarcerated person within 2 working days of receipt of the request, and would extend these requirements to county jails.
This bill would additionally extend the requirements on county jails to detention facilities generally, and would define detention facilities as including any city, county, or regional facility used for the confinement of any person, including those under 18 years of age, for more than 24 hours.
By imposing additional duties on local governments, 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 the statutory provisions noted above.

Statutes affected:
AB2527: 3408 PEN, 4023.8 PEN
02/13/24 - Introduced: 3408 PEN, 4023.8 PEN
03/12/24 - Amended Assembly: 3408 PEN, 4023.8 PEN
05/16/24 - Amended Assembly: 3408 PEN, 4023.8 PEN
AB 2527: 3408 PEN, 4023.8 PEN