The idea that a doctor could basically tie a woman’s tubes without her express and fully informed consent reads like a horror story. However, it’s a practice that started in California’s prison system at the turn of the 20th century and a human rights issue that the state’s lawmakers thought they fixed long ago.
“We thought it had ended in the ’80s, and we were shocked to learn it was happening as late as 2010,” California Sen. Hannah-Beth Jackson (D-Santa Barbara) said. “Frequently these women were uninformed or misinformed or they were coerced. It’s very difficult for women to exert their free will in a prison system.”
Forced or coerced sterilization is illegal in the state of California, but an in-depth piece released by the Center for Investigative Reporting in July 2013 revealed that sterilizations carried out in some state prisons through 2010 raised red flags. Specifically, the center reported that procedures were performed—without the required state approvals—on at least 148 female inmates between 2006 and 2010. The article explains that women were signed up for surgery while they were pregnant or were on the operating table for caesarian section.
In response to the report, Jackson is one of the driving forces behind a new bill that would prohibit forced or coerced sterilizations in state prisons.
“It was clear that the law just wasn’t strong enough,” Jackson said.
Senate Bill 1135 would add a section to the penal code, which governs how prisons go about their business.
“The penal code makes it clear,” Jackson said. “We’re serious about this law.”
The bill would prohibit sterilization in correctional facilities for the purpose of birth control, except in cases in which a patient’s life is in danger or if it’s needed to treat a medical condition. The prisoner in question would also need to consult with an independent physician about the procedure and receive counseling about the permanency of the surgery.
The California Legislative Caucus, which Jackson vice-chairs, requested that an audit be performed on the issue, and it’s expected to be completed sometime this spring. The bill is expected to be heard in the Senate Public Safety Committee in the spring as well.
“This should close the book on it once and for all,” Jackson said.
To read the Center for Investigative Reporting article, visit http://cironline.org/reports/female-inmates-sterilized-california-prisons-without-approval-4917.
This article appears in Feb 27 – Mar 6, 2014.