Bill would limit inmate sterilization for birth control

The vice chairwoman of the California Legislative Women's Caucus introduced legislation Thursday that would limit sterilization surgeries in state prisons, county jails and other detention centers to prevent possible abuses.

The bill by state Sen. Hannah-Beth Jackson, D-Santa Barbara, would ban inmate sterilizations for birth control purposes. Surgeries would be restricted to life-threatening medical emergencies and the curing of physical ailments.

The bill, SB1135, is the culmination of talks among lawmakers, prison rights advocates and correctional officials that occurred after the Center for Investigative Reporting found that 132 women received tubal ligations in violation of prison rules from 2006 to 2010. Former inmates and prisoner advocates said medical staffers had coerced the women, targeting those they deemed likely to return to prison in the future.

The bill would require that prison officials attempt measures short of sterilization unless a woman's life is in danger. If an inmate is to be sterilized, prisons would need to obtain independent physician approval and provide for extensive counseling.

Prisons performing sterilizations would have to report annually the number of surgeries by race, age, reason and surgical method.

Prison rules have restricted tubal ligations since 1994, but no such limits were placed on surgeries that removed women's uteruses and ovaries. Jackson's bill would close that loophole.

The legislation is co-sponsored by state Sens. Loni Hancock, D-Berkeley, and Joel Anderson, R-Alpine (San Diego County), and by Assemblywoman Bonnie Lowenthal, D-Long Beach.

"The women's caucus has been vigilant in trying to uncover and fight against the traumatic abuse that incarcerated women have suffered by these sterilization procedures," Jackson said. "We want to make sure that the unconscionable act of forced sterilization never occurs again in California."

California has an ugly past of sterilization abuse, with an estimated 20,000 people being operated on between 1909 and 1964. Minority groups, the poor, the disabled, the mentally ill and criminals were singled out.

A spokeswoman for the state Department of Corrections and Rehabilitation declined to comment on Jackson's legislation. Joyce Hayhoe, spokeswoman for the federal receivership that oversees the state's prison medical care, praised it.

"The receiver's office is supportive of the bill being introduced by Sen. Jackson," Hayhoe said.