California law provides all citizens with certain rights regarding their feminine hygiene and sexual and reproductive healthcare. These rights are not revoked for incarcerated individuals, regardless of their gender identity or expression. Here’s everything you need to know about feminine hygiene in jails in California.
Menstrual Products
All incarcerated people have the right to free menstrual products, such as pads and tampons, for the duration of their menstrual cycles or postpartum care. It is illegal for jails to deprive an incarcerated person of these menstrual products in general or as a form of punishment.
Related: Pregnant Women in Prison: Rights and Statistics
Birth Control
If an individual is already on birth control at the time that they enter the jail, they must be allowed to continue using this method. Incarcerated people are also allowed to request new birth control methods within 60 days of their release date.
Additionally, jails are required to provide emergency contraception for incarcerated people who experienced sexual assault or unprotected sexual intercourse right before becoming incarcerated.
It is illegal for incarcerated people to undergo tubal ligation or vasectomy for birth control purposes while incarcerated. Sterilization procedures can only be accessed if they are requested for reasons other than birth control.
Pregnancy Tests
California law requires that jails offer incarcerated people a pregnancy test within 72 hours of their arrival. If refused, the jail must provide incarcerated people with a form called “Informed Refusal of Pregnancy Test,” which will be documented as a part of the incarcerated person’s medical file.
Additionally, incarcerated individuals can request a pregnancy test at any time. The pregnancy tests can only be provided by licensed medical providers or nursing staff in the jail, and the act of taking a test must be voluntary on the part of the incarcerated people.
Abortion
Abortion is legal for all individuals in California, and access to abortion must be provided in jail and prison. If an incarcerated person decides to get an abortion and it is approved by the jail or prison medical provider the jail or prison cannot do anything to stop the incarcerated person from obtaining one. Approval can only be revoked for safety purposes. Illegal methods that a jail or prison might use to stop the incarcerated people from obtaining an abortion include requiring a court order for transportation to an abortion facility. Abortion must be as accessible to the incarcerated person as it would be if they were not incarcerated.
Right to Medical Care in Pregnancy
Incarcerated individuals who are pregnant are entitled to all of the medical care they need while pregnant and during childbirth. This includes regular prenatal visits with a medical provider, which means every four weeks for the first 7 months of pregnancy, and every two weeks until 9 months. After 9 months, regular prenatal visits should happen every week.
If there are complications with the pregnancy, such as incarcerated individuals with obstetric problems or over 35, these incarcerated individuals have the right to request more frequent prenatal visits according to professional advice.
If the incarcerated person wishes to seek medical care outside of the jail providers, the jail is not required to cover these costs.
Additionally, pregnant incarcerated people are entitled to more food with a balanced diet as recommended by the jail medical provider, as well as prenatal vitamins and more safety accommodations. Jails must also provide access to community programs that assist pregnant individuals.
Related: Women’s Reproductive Rights in California
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