Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(a) A condition or restriction upon the obtaining of an abortion by a person detained in any local detention facility, pursuant to the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in that act, shall not be imposed.Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transportation. Persons found to be pregnant and desiring abortions shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion, after providing informed consent.
(b) For the purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement of any female person for more than 24 hours.
(c) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access.
Cite this article: FindLaw.com - California Code, Penal Code - PEN § 4028 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-4028/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)