Pacovilla says, “If SB 1079 is ever signed into law, it will undoubtedly be found lacking by the 9th Circuit Court of Appeals.” (The 9th Circuit, which is headquartered in San Francisco, is the most liberal of all the federal appellate courts.)
BILL BANNING SEX CHANGES FOR PRISON INMATES PASSES CALIFORNIA SENATE COMMITTEE
KERO 23
March 28, 2012
BAKERSFIELD, Calif. -- Senator Michael J. Rubio (D – Shafter) announces the passage of SB 1079 out of the Senate Health Committee Wednesday afternoon. SB 1079 protects critical taxpayer dollars by establishing state law that prohibits medically unnecessary procedures and services for inmates including sex changes, infertility treatments, breast enlargements and weight reduction surgery.
The California Department of Corrections and Rehabilitation (CDCR) is responsible for managing medical treatment of about 129,000 inmates in the state. The Legislative Analyst’s Office reported prison health care spending jumped from $1.2 billion in 2005-06 to $2.2 billion in 2010-11.
In 2009, a male prisoner serving 50 years to life for killing a woman sued the State of California to pay for his sex change operation to become a woman. Beyond already paying his annual incarceration costs topping $40,000 and thousands for ongoing female hormone therapy, the prisoner asked the state to cover the sex change surgery that usually top $20,000. The 1st District Court of Appeal denied the request last September and the state Supreme Court denied hearing the case upon appeal.
By late April 2012, the six year receivership that provided federal oversight of the state’s prison healthcare system will have ended. There is presently no legal framework to prevent medically unnecessary treatments for state prison inmates.
“SB 1079 will prevent state inmates from receiving cosmetic surgery—or any other medically unnecessary treatment—at taxpayer expense,” Rubio said. “At a time when California is being forced to lay off teachers and cut dental services from our state’s poorest children, the hardworking residents of our state should not be on the hook for these clearly excessive procedures for criminals. Clearly, prison inmates should never have a ‘right’ to a taxpayer funded sex change.”
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