Chapter 3. Prisoners of California Penal Code >> Title 2. >> Part 3. >> Chapter 3.
Upon the commitment or transfer of any woman to the
institution it shall be the duty of the officer having custody of her
or required to take custody of her, to deliver her to said
institution, receiving therefor the fees payable for the
transportation of prisoners to the state prisons. Such officer shall
at the same time deliver to said institution a certified abstract of
the judgment of conviction and of the order of commitment or order of
transfer. Every woman so committed or transferred under this act
shall be accompanied by a woman attendant from the place of
commitment or transfer until delivered to said institution.
There shall be kept at said institution a record of the
history and progress of every woman confined therein during the
period of her confinement, and so far as practically possible, prior
and subsequent thereto, and all judges, courts, officials and
employees, district attorneys, sheriffs, chiefs of police and peace
officers, shall furnish said institution with all data in their
possession or knowledge relative to any inmate that said institution
may request. If upon the arrest of any woman it be discovered that
she was theretofore an inmate of said institution, the institution
shall be promptly notified of her arrest.
Every woman upon being committed to said institution shall be
examined mentally and physically, and shall be given the care,
treatment and training adapted to her particular condition. Such
care, treatment and training shall be along the lines best suited to
develop her mentality, character and industrial capacity; provided,
however, no inmate shall be confined longer than the term of her
When there is any reasonable grounds to believe that a
prisoner may be forcibly removed from the California Institution for
Women, the warden shall report the fact to the Governor, who may
order the removal of the prisoner to any California State prison for
safekeeping, and it is hereby made the duty of the warden of the
prison to accept and detain the prisoner for the further execution of
her sentence. The Governor may thereafter order the prisoner
returned to the California Institution for Women for the further
execution of her sentence according to law.
The necessary costs and expenses incurred in carrying out the
provisions of this section shall be a proper charge against any fund
hereafter appropriated as an emergency fund, or similar appropriation
for contingencies, notwithstanding any limitations or restrictions
that may be imposed upon the expenditure of any appropriation.
No condition or restriction upon the obtaining of an abortion
by a prisoner, pursuant to the Therapeutic Abortion Act (Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code), other than those contained in
that act, shall be imposed. Prisoners found to be pregnant and
desiring abortions, shall be permitted to determine their eligibility
for an abortion pursuant to law, and if determined to be eligible,
shall be permitted to obtain an abortion.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
Any female prisoner shall have the right to summon and
receive the services of any physician and surgeon of her choice in
order to determine whether she is pregnant. The warden may adopt
reasonable rules and regulations with regard to the conduct of
examinations to effectuate this determination.
If the prisoner is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of these services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the institution shall
be borne by the prisoner.
Any physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The rights provided for prisoners by this section shall be posted
in at least one conspicuous place to which all female prisoners have
(a) An inmate known to be pregnant or in recovery after
delivery shall not be restrained by the use of leg irons, waist
chains, or handcuffs behind the body.
(b) A pregnant inmate in labor, during delivery, or in recovery
after delivery, shall not be restrained by the wrists, ankles, or
both, unless deemed necessary for the safety and security of the
inmate, the staff, or the public.
(c) Restraints shall be removed when a professional who is
currently responsible for the medical care of a pregnant inmate
during a medical emergency, labor, delivery, or recovery after
delivery determines that the removal of restraints is medically
(d) This section shall not be interpreted to require restraints in
a case where restraints are not required pursuant to a statute,
regulation, or correctional facility policy.
(e) Upon confirmation of an inmate's pregnancy, she shall be
advised, orally or in writing, of the standards and policies
governing pregnant inmates, including, but not limited to, the
provisions of this chapter, the relevant regulations, and the
correctional facility policies.
(f) For purposes of this section, "inmate" means an adult or
juvenile who is incarcerated in a state or local correctional
(a) Any woman inmate shall upon her request 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.
(b) Each and every woman inmate shall be furnished by the
department with information and education regarding the availability
of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date. Upon
request any woman inmate shall be furnished by the department with
the services of a licensed physician or she shall be furnished by the
department or by any other agency which contracts with the
department with services necessary to meet her family planning needs
at the time of her release.