Female Inmates In California Sterilized Illegally, Audit Confirms

The California state auditor in charge of investigating the illegal sterilization of female prison inmates blasted federal and state oversight of sterilization surgeries for female prison inmates on Thursday. The audit findings show numerous illegal operations and violations of California’s informed-consent law.

The Daily Bulletin reports 144 tubal ligations were performed between 2005 and 2013, and more than a quarter of those were done illegally. In total, 39 female inmates were sterilized illegally in the California prison system.

State Auditor Elaine Howle points out that the numbers could be much higher because auditors found seven cases at just one hospital for which health records were lost in a routine purging, making it impossible to determine the legality of those procedures.

Senator Ted Lieu, (D-Los Angeles County) was one of the first lawmakers to call for an audit of the procedures. Upon hearing the official audit, he said, ” It made me sick to my stomach.” Back in 2013, when the investigation began, The Inquisitr reported Valley State Prison OB-GYN, Dr. James Heinrich had some tough words for the women in his care, saying:

“Somebody looking for the state to give them a handout. The only reason you do that is not because you feel wronged, but that you want to stay on the state’s dole somehow.”

Heinrich felt that sterilizing the inmates was cheaper in the long run because then the state didn’t have to care for the children. In the latest audit, the state is being charged with coercion of the female inmates, targeting those deemed likely to return to prison after they were released.

SF Gate notes a laundry list of startling audit findings including lack of consent and ‘systemic’ problem. It appears that the inmates were sterilized illegally if they fell into these categories:

• Had been pregnant five or more times before being sterilized.
• Tested at less than a high school level of reading proficiency, with about one-third reading below the sixth-grade level.
• When there was a question of mental competency. Doctors did not ensure that the patient had an understanding of the lasting effects of the procedure and that the required waiting period had been satisfied. In numerous cases, the doctor did not even sign a form stating the patient was mentally competent.
• Women who could be rushed into sterilization. State law mandates a 30-day wait to ensure patients aren’t pressured or rushed, but it appears many cases were done before the 30-day wait was over.

Senator Hannah-Beth Jackson (D-Santa Barbara) said:

“We now have clear proof that the prison environment is an environment where consent simply cannot be obtained in a responsible, reliable manner for these procedures.”

Cynthia Chandler, an adjunct professor at the Golden Gate University School of Law and co-founder of the prisoner rights group Justice Now, said the audit and resulting report was a good first step for female inmate rights.

Justice Now has been raising questions about sterilization of female inmates since the early 2000s. They received reports from female inmates that abuse was occurring in regards to sterilization procedures. Chandler claims their concerns were easily dismissed due to their political stance:

“We were dismissed as heretics despite having evidence abuse and illegal sterilizations were occurring. This report feels like an incredible step and vindication for people who work toward challenging human rights abuses.”

In response to the allegations and report, Jackson introduced a bill that would ban all inmate sterilizations for birth control purposes. Under SB1135, sterilization surgeries would be performed only during life-threatening emergencies and to cure an actual physical illness. The Senate approved SB1135 in May and it is now before the Assembly.

Of the female inmates sterilized illegally, a shocking two-thirds of those requests came from Dr. James Heinrich, the State OB/GYN, who thinks we are paying way too much out in welfare to these inmates and their children. Do you agree with the audit that the procedures were done for economic reasons to avoid paying out future welfare payments to the children of the sterilized inmates?