Assembly Bill No. 137 State Government (Approved on July 16, 2021)
Current legislation prohibits the sterilization of individuals with developmental disabilities without their consent, provided they have the capacity to give consent, unless a limited conservator with the authority to consent to the sterilization of an adult with developmental disabilities is appointed and obtains court approval for the procedure. Additionally, the law prohibits sterilization for birth control purposes in county jails and state prison facilities. It also outlines a process for compensating victims and derivative victims of specific crimes through the California Victim Compensation Board, utilizing the Restitution Fund, which consists of General Fund resources. The law specifies eligibility criteria, sets limits on compensation amounts, and requires applicants to verify their claims under penalty of perjury. Furthermore, certain property, including benefits from disability or health insurance policies or programs, is exempt from the enforcement of money judgments under existing law.
The bill proposes the creation of the Forced or Involuntary Sterilization Compensation Program, contingent upon an allocation in the annual Budget Act or any other legislative act explicitly designated for this purpose. This program would be overseen by the California Victim Compensation Board with the aim of offering victim compensation to survivors who underwent state-sponsored sterilization under eugenics laws in California from 1909 to 1979, as well as survivors of coercive sterilization carried out in prisons after 1979.