California's Assembly Bill 1810, also known as the Menstrual Equity for Incarcerated Persons Act, establishes a new standard for the humane treatment of incarcerated individuals. The law ensures free, self-serve access to menstrual products in correctional settings, an issue that long went unaddressed despite serious health and dignity concerns. For defense attorneys and advocates, understanding AB 1810 is vital to safeguarding clients' rights and ensuring compliance with basic constitutional protections.

What Assembly Bill 1810 Requires

AB 1810 mandates that state prisons, local jails, juvenile facilities, and Division of Juvenile Justice institutions provide unrestricted, self-serve access to menstrual products. Covered products include pads, tampons, and any supplies used to manage uterine or vaginal bleeding. Importantly, the law eliminates the prior requirement that incarcerated individuals request these products from staff—ending a practice that often led to denial, delay, or humiliation.

The new law applies to anyone who menstruates while incarcerated, regardless of gender identity or medical condition. It treats menstrual care as a health necessity, not a discretionary privilege. This approach aligns with broader human rights principles and recognizes that lack of access can cause serious physical and psychological harm.

Legislative Background and Timeline

AB 1810 was chaptered into law on September 29, 2024, as Chapter 939 of the California Statutes and took effect immediately. The urgency clause underscores the Legislature's intent to remedy systemic failures without delay. Assemblymember Isaac Bryan authored the bill, citing evidence from a Department of Justice investigation that found over 25 county jails were failing to provide sufficient menstrual care.

This data highlighted how previous policies left individuals relying on unsafe alternatives like toilet paper or rags, leading to infections, missed programs, and emotional distress. The legislation received unanimous bipartisan support, a rare but telling sign of consensus around the importance of dignity and health access in correctional facilities.

Correcting Systemic Failures in Jail Health Practices

The request-based system prior to AB 1810 left room for staff misconduct and arbitrary denials. In some cases, correctional officers allegedly used menstrual product access as a disciplinary tool or form of humiliation. Such practices violate standards of decency and expose facilities to civil rights liability. By guaranteeing self-serve access, AB 1810 ensures individuals are not dependent on staff approval to address a basic health need.

These reforms also align with broader policy shifts, such as those addressed under California Penal Code 1465.9 elimination of criminal justice administrative fees, which similarly targeted institutional practices that disproportionately harmed marginalized populations.

Constitutional Protections and Legal Context

Under the Eighth Amendment, incarcerated individuals are entitled to adequate medical care. Courts have held that deliberate indifference to serious medical needs, such as menstrual hygiene, can form the basis of civil liability. AB 1810 reinforces this constitutional obligation by explicitly requiring consistent and equitable access to menstrual products.

Additionally, removing staff discretion over access helps reduce the risk of gender discrimination and due process violations, particularly for transgender inmates. The law also helps guard against unequal treatment under institutional policies, an issue that has previously led to federal lawsuits and consent decrees.

Compliance Requirements for California Correctional Facilities

To comply with AB 1810, facilities must maintain an ongoing inventory of menstrual products and distribute them through self-serve locations accessible without staff approval. Correctional officers cannot withhold products as punishment or create informal systems that hinder access.

• No fee may be charged for menstrual products
• No requests or rationing policies are allowed
• Facilities must stock enough inventory to prevent shortages
• Access must be granted with dignity, privacy, and timeliness

Facilities that previously linked product access to behavior or compliance must revise their policies. This mirrors the broader requirement that correctional systems modernize outdated or abusive practices—much like the changes required by California's 10-20-Life law under Penal Code 12022.53, which restructured sentencing practices for firearm use in felonies.

Legal Remedies for Violations of AB 1810

If correctional facilities fail to meet AB 1810 standards, legal remedies are available. Incarcerated individuals may bring claims under 42 U.S.C. §1983 for violations of federal civil rights. Attorneys may also pursue state-based claims if correctional negligence leads to medical harm or rights violations.

Strategically, defense attorneys should document any reports from clients involving product denials, unsanitary conditions, or retaliatory practices. These records may support litigation, motions for sentence modification, or requests for alternative housing placements based on substandard confinement conditions.

Additionally, persistent facility-wide violations may be challenged through class actions or advocacy group litigation, especially when systemic harm can be demonstrated through patterns of abuse or neglect.

Implications for Broader Criminal Justice Reform

AB 1810 represents a tangible shift toward humane and trauma-informed correctional policy. It complements other reforms aimed at dignity and reentry support—such as eliminating financial burdens on inmates, improving access to mental health services, and rethinking solitary confinement practices.

The law also highlights how legislative advocacy rooted in lived experience can effect systemic change. Advocacy by formerly incarcerated women and LGBTQ+ individuals played a major role in the law's development, underscoring the value of first-hand narratives in shaping criminal justice policy.

Penalties for Noncompliance

AB 1810 does not impose new criminal penalties, but failure to comply can trigger significant legal consequences for correctional institutions, including:

• Litigation under federal civil rights law (42 U.S.C. §1983)
• State civil liability for injuries or medical complications
• Regulatory sanctions from state correctional oversight bodies
• Reputational damage from publicized violations

For these reasons, compliance is not optional. Correctional facilities must develop and implement new operational policies immediately to meet statutory and constitutional requirements.

Assembly Bill 1810 Defense Lawyers in California

If you or a loved one has been denied access to menstrual products while incarcerated, Bulldog Law is here to help. Our experienced team of criminal defense attorneys understands how AB 1810 and related legislation affect incarcerated individuals' rights and can advocate for relief, whether through civil claims, sentencing alternatives, or prison condition challenges.

At Bulldog Law, we fight to ensure that every client is treated with dignity, fairness, and respect, both inside and outside the courtroom. Contact us today to learn how our attorneys can support you or your loved one in addressing violations of AB 1810 and holding institutions accountable under the law.