§ 3405. — 3405. (Amended by Stats. 2025, Ch. 136, Sec. 22.)

California § 3405.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 2.
• Part 3.: TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS
• Ch. 3.: CHAPTER 3. Prisoners

Text

(a)
A condition or restriction shall not be imposed upon the obtaining of an abortion by an incarcerated person, pursuant to Sections 1 and 1.1 of Article I of the California Constitution and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in those provisions. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transport. Incarcerated persons found to be pregnant and desiring abortions, shall be permitted to determine their eligibility for an abortion pursuant to state and federal
law, and if determined to be eligible, shall be permitted to obtain an abortion after giving informed consent.
(b)
The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access.

Legislative History

Amended by Stats. 2025, Ch. 136, Sec. 22. (AB 260) Effective September 26, 2025.