Last year, the Center for Investigative Reporting (CIR)
accused California of sterilizing over 140 female inmates
between 2006 and 2010 without required state approvals.
One doctor, James Heinrich, was responsible for the two-thirds
of the tubal ligation referrals during that period from the biggest
offender, Valley State prison.
Asked by CIR about his startling record, Heinrich justified the
money spent sterilizing inmates by claiming it was minimal
“compared to what you save in welfare paying for these unwanted
children—as they procreated more.” He has since been
barred from future prison work.
Following the publication of the 2013 CIR article, California
lawmakers
called for a formal investigation.
Yesterday, the California State Auditor published a report
that confirms over a quarter of the 144 sterilizations performed on
female prisoners between 2005 and 2011 were done without obtaining
proper consent. The report only details female inmates who
underwent the sterilization procedure of tubal ligation, commonly
known as having one’s “tubes tied.”
In California, a tubal ligation may only be performed on an
inmate after her doctor declares it to be medically necessary and
the service is approved by two committees: one in the prison and
the other at the California Receiver’s Office headquarters.
However, according to the auditor’s report, both committees
approved only one of the 144 procedures performed.
In fact, the Receiver’s Office wasn’t even aware that inmates
were being sterilized until January 2010, when a legal advocacy
group called Justice Now began
alleging that medically unnecessary sterilization procedures had
been performed.
Some additional findings of the California State Auditor’s
report include:
- Prison medical staff failed to document what was discussed with
the inmates about the procedure in all 144 cases. - Inmates’ physicians did not sign the required consent form in
27 cases. A physician’s signature is especially important in that
it certifies that the patient appears mentally competent and
understands the lasting effects of sterilization. - The sterilization procedure was performed before the required
waiting period had elapsed in 18 cases. State law mandates a 30-day
waiting period between when an inmate consents to the procedure and
when the sterilization actually takes place so women don’t feel
rushed or pressured. - In six cases, there were violations related to both the consent
form and waiting period.
These illegal sterilizations, and potential motivations of
doctors who encouraged the women to consent to them, echo
California’s
ugly history of sterilization abuse. In 1909, the state passed
a eugenics law that allowed state officials to sterilize those
considered “feeble-minded,” prisoners exhibiting sexual or moral
“perversions,” and anyone with three or more criminal convictions.
California’s eugenics program was apparently so “successful” that
in the 1930s, members of the German Nazi party asked California
eugenicists for advice on how to run their own program.
Between 1909 and 1964, California forcibly sterilized roughly
20,000 people. In 2003, then–Gov. Davis issued a formal apology
to victims of the grisly practice, which has been officially banned
since 1979.
California legislators are currently considering
legislation that would disallow all inmate sterilizations for
purposes other than life-threatening emergencies and to cure
physical illness. Last month, the state senate approved the
measure. It is currently before the state assembly.
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