Between fiscal years 2005-2006 and 2012-2013, 144 bilateral tubal ligations, or tube-tying procedures, were carried out. According to the report, tubal ligations are generally done “for the sole purpose of sterilization,” so prisons must follow strict guidelines to perform them.
Auditors found that 39 of 144 did not give full consent. In 27 of the 39 procedures, the physician did not sign a consent form guaranteeing that the “inmate appeared mentally competent and understood the lasting effects of the procedure.” And in 18 of the 39 cases, physicians violated the required waiting period between the inmate’s consent and the actual procedure. Inmates who did give consent did not have a witness of choice, as required by prison medical regulations. Physicians did not document their conversations with inmates about the sterilization process with any of the 144 inmates. And none of the procedures were authorized by an oversight committee of state medical professionals.
“This audit demonstrates there is a systemic problem, and implicates the entire culture. The right to have a family is a fundamental right that each of us has. Many of these women are first-time offenders and already have families,” claimed Senator Hannah-Beth Jackson, D-Santa Barbara, a member of the Legislative Women’s Caucus, in response to the audit.