Governor Vetoes Bill To Allow Condoms in Prisons

The Governor of California has completed his actions on 964 bills passed by the State Legislature. Schwarzenegger vetoed the gender neutral marriage bill on Friday afternoon and on Sunday (the deadline for signing or vetoing all bills) he again vetoed legislation that would have allowed the distribution of condoms in California prisons. Assemblymember Sandre Swanson (D-Oakland)'s AB 1334 would have allowed the distribution of "sexual barrier protection devices" by nonprofit or health care agencies to inmates. (The State wouldn't even have to pay for it!) Like gender neutral marriage, Schwarzenegger has vetoed a bill to legalilze the distribution of condoms before but this time his veto message at least acknowledges that the distribution of condoms is "not an unreasonable public policy." Well, duh!

To the Members of the California State Assembly:

I am returning Assembly Bill 1334 without my signature.

This bill would enact the Inmate and Community Public Health and Safety Act, which would allow any nonprofit or health care agency to distribute sexual barrier protection devices to inmates in state prisons.

As stated in my veto of AB 1677 last year, the provisions of this bill conflict with Penal Code Sections 286 (e) and 288 (e), which make sexual activity in prison unlawful. However, condom distribution in prisons is not an unreasonable public policy and it is consistent with the need to improve our prison healthcare system and overall public health.

Local jail systems in both Los Angeles and San Francisco have already implemented condom distribution programs. Therefore, I am directing the California Department of Corrections and Rehabilitation to determine the risk and viability of such a program by identifying one state prison facility for the purpose of allowing non-profit and health agencies to distribute sexual barrier devices.

Sincerely,

Arnold Schwarzenegger

It's not every day that the Governor of the state endorses one of the main missions of a non-profit organization that Mad Professah serves on as the Chair of the Board of Directors, i.e. Center for Health Justice, even if he did use litotes to do so.