California 2011-2012 Regular Session Status: To Executive 1 D cosponsors

AB 568 — Pregnant inmates and wards: least restrictive restraints.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the Corrections Standards Authority, and commencing July 1, 2012, the Board of State and Community Corrections, to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant not be shackled by the wrists, ankles, around the abdomen, or to another person, including during time spent outside a correctional facility, during transport to or from a correctional facility, during labor, delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public, and the restraints would only remain in place as long as the threat exists. The bill would require the authority, and later the board, to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary, the bill would require the least restrictive means be used, consistent with the legitimate security needs of each inmate or ward, and the restraints would only remain in place as long as the threat exists. The bill would provide that these provisions are applicable to movement within the correctional facility, transport to and from the facility, time spent outside the facility to receive medical or dental care, to attend court, or other appointments.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 1:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2555.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2013.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Ordered to third reading.

  9. From Special Consent Calendar pursuant to Joint Rule 22.2.

  10. Ordered to special consent calendar.

  11. Read second time. Ordered to third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 7). Re-referred to Com. on APPR.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  15. Referred to Com. on PUB. S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1357.)

  18. Read second time. Ordered to consent calendar.

  19. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 4).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on APPR.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee March 19.

  24. Read first time. To print.

Sponsors

  • Mitchell · Cosponsor
  • Atkins · Cosponsor
  • Liu · Cosponsor
  • Skinner · Primary
  • Josh Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Skinner

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 568 SKINNER Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Atkins — Yea
Butler — Yea
Huber — Yea
Knight — Yea
Miller — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Dickinson — Yea
Donnelly — Yea
Perea — Yea
Wagner — Yea
Feuer — Yea
Campos — Yea
Halderman — Yea
Harkey — Yea
Huffman — Yea
Logue — Yea
Portantino — Yea
Allen — Yea
Ammiano — Yea
Conway — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Fong — Yea
Fletcher — Yea
Bonilla — Not Voting
Galgiani — Yea
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Beall — Yea
Block — Yea
Lara — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB568 Skinner By Liu

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 0001
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Runner — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Cannella — Yea
Corbett — Yea
Harman — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 568 SKINNER Consent Calendar Second Day

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 650010
Republican 2000
Democratic 3000
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Feuer — Yea
Carter — Yea
Fuentes — Yea
Gatto — Yea
Butler — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
John A. Pérez — Yea
Fletcher — Yea
Halderman — Yea
Hall — Yea
Harkey — Yea
Hueso — Yea
Jeffries — Yea
Beall — Yea
Knight — Yea
Bonilla — Yea
Block — Yea
Chesbro — Yea
Dickinson — Yea
Miller — Yea
Monning — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Valadao — Yea
Campos — Yea
Yamada — Yea
Atkins — Yea
Alejo — Not Voting
Donnelly — Yea
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Portantino — Not Voting
Mitchell — Not Voting
Gorell — Not Voting
Conway — Not Voting
Torres — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lara — Yea
Mansoor — Yea
Mendoza — Yea
Nestande — Yea
Smyth — Yea
Cedillo — Not Voting
Eng — Yea
Davis — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Hill — Yea
Lara — Yea
Blumenfield — Yea
Donnelly — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Bradford — Yea
Norby — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 568 do?
Existing law requires the Corrections Standards Authority, and commencing July 1, 2012, the Board of State and Community Corrections, to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant not be shackled by the wrists, ankles, around the abdomen, or to another person, including during time spent outside a correctional facility, during transport to or from a correctional facility, during labor, delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public, and the restraints would only remain in place as long as the threat exists. The bill would require the authority, and later the board, to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary, the bill would require the least restrictive means be used, consistent with the legitimate security needs of each inmate or ward, and the restraints would only remain in place as long as the threat exists. The bill would provide that these provisions are applicable to movement within the correctional facility, transport to and from the facility, time spent outside the facility to receive medical or dental care, to attend court, or other appointments.
Who sponsors AB 568?
AB 568 is sponsored by Mitchell, Atkins, Liu, Skinner, and Lowenthal, Josh (Democratic).
What is the current status of AB 568?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 568?
Track AB 568 free on One Click Politics — get push/email alerts when it moves.

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