(a) A condition or restriction upon the obtaining of an abortion by a person detained in any local detention facility, pursuant to 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 that act, shall not be imposed. 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 transportation. 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 providing informed consent.

(b) For the purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement of any female person for more than 24 hours.

Terms Used In California Penal Code 4028

  • county: includes "city and county". See California Penal Code 7
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7

(c) 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.

(Amended by Stats. 2020, Ch. 321, Sec. 8. (AB 732) Effective January 1, 2021.)

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