Unauthorized Sterilization of Women Prisoners at Issue in State Hearing

By Corey Johnson, The Center for Investigative Reporting

Top state lawmakers pledged Tuesday to pursue legislation to prevent sterilization abuses in prisons.

State Sen. Loni Hancock, chairwoman of the Public Safety Committee, made the announcement during a packed hearing at the state Capitol. It was called in response to an investigation by the Center for Investigative Reporting, which found nearly 150 women were sterilized from 2006 to 2010 without required state approval.

Former inmates told CIR that prison medical staff had coerced the women, targeting those deemed likely to return to prison in the future.

Hancock, D-Oakland, said she hoped a new law would “clarify” state policy on prison sterilizations, which are allowed only in cases of medical necessity and with high-level state approval. Sen. Joel Anderson, R-San Diego, vice chairman of the committee, said such legislation also would send a clear signal that the state’s history of forced sterilizations from the early 1900s through the 1970s should never be repeated.

“When we first heard of this issue, we acted quickly and strongly because we all understand that this is about fairness and dignity. This is at the core of basic dignity and human rights,” Anderson said. “We need as a public safety (committee) to send a clear message to all Californians that we will not accept less.”

Neither legislator provided details of what the legislation might include or when it would be introduced.

Corrections officials who testified at the hearing said they already are working closely with prison advocates and with federal Receiver Clark Kelso’s office to ensure that sterilization won’t occur again without authorization.

Kelso assured legislators that his office took swift action to stop the unauthorized sterilizations in 2010, after it realized they were occurring. He also said he would instruct his staff to continue educating outside doctors who provide medical care on contract.

Advocates expressed skepticism. Courtney Hooks, spokeswoman for Justice Now, in Oakland, said her group continues to receive reports from inmates about prison doctors suggesting sterilization to inmates.

Hooks asked lawmakers to consider tracking all prison sterilizations and requiring reports to the Medical Board of California about doctors who perform them. She also said statistics on individuals who were sterilized would improve future monitoring by allowing officials to track whether some groups or genders were disproportionally affected.

“Verbal assurances that abuses have stopped are not sufficient to ensure sterilization abuses will not reoccur. The receivership will not last forever,” Hooks told lawmakers. “There’s an urgent need to clarify the legal obligations of medical and correctional staff as well as to strengthen oversight requirements.”

Although tubal ligations have been restricted since 1994, Kelso maintains that prison staff may have believed they still were allowed.

In a July 23 letter to the California Legislative Women’s Caucus, Kelso wrote that staff recently discovered a 1999 memo titled “Revisions to Medical Standards for Inmates,” which directs that “Postpartum Tubal Ligations will be included” as part of pregnant inmate care.

Kelso said the memo, which went to all the prison medical officials at the time, conflicted with the existing ban on tubal ligation. So far, he said, his staff hasn’t found any documents explaining why it was sent out.

“That’s why I determined not to discipline doctors and didn’t refer cases to the medical board,” Kelso said. “It seems to me that we had a real conflict in direction from headquarters.”

State corrections officials told lawmakers that the newly uncovered document didn’t appear to authorize overriding the restrictions on tubal ligations, but instead provided guidance on billing.

Nora Wilson, attorney for Justice Now, called the new document “weird” and questioned the interpretation.

“I think they know they have been operating illegally and want cover,” Wilson said.

Wilson said she and other Justice Now representatives would be meeting with the federal receivership next week. The Joint Legislative Audit Committee also is scheduled to vote next Wednesday on a request for a State Auditor’s Office investigation of the prison sterilization matter.

This story was edited by Amy Pyle and copy edited by Pam Hogle and Christine Lee.

The independent, nonprofit Center for Investigative Reporting is the country’s largest investigative reporting team. For more, visit www.cironline.org. The reporter can be reached at cjohnson@cironline.org.