BILL NUMBER: AB 1487 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 27, 2009
An act to amend Section 4011.2 Sections
4011.2 and 4025 of the Penal Code, relating to inmate medical
costs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1487, as amended, Hill. Inmate medical expenses.
Under existing law, a sheriff, chief or director of corrections,
or a chief of police is authorized to charge a fee in the amount of
$3 for each inmate-initiated medical visit of an inmate confined in a
county or city jail who has money in his or her personal account.
Existing law authorizes the medical provider to waive the fee,
requires the medical provider to waive the fee in any
life-threatening or emergency situation, as defined, exempts followup
medical visits from the fee, and requires all moneys received
pursuant to this provision to be transferred to the county or city
general fund.
Existing law requires that the above fee be charged to the inmate'
s account at his or her respective facility and prohibits a denial of
medical care to an inmate because of a lack of funds in that
account.
This bill would increase the above fee to $6. The bill would
require that any amount collected for an inmate-initiated medical
visit in excess of $3 be placed into the county inmate welfare fund.
Existing law provides that the sheriff of each county may maintain
an inmate welfare fund to be kept in the treasury of the county into
which profit from a store operated in connection with the county
jail, 10% of all gross sales of inmate hobbycraft, and any rebates or
commissions received from a telephone company, as specified, is
required to be deposited. Existing law authorizes the sheriff to
expend money from the fund to pay for the benefit, education, and
welfare of the inmates, as well as maintenance costs, as specified,
if those funds are not needed for the welfare of the inmates.
The bill would require that the money deposited in the inmate
welfare fund pursuant to this bill be expended by the sheriff only
for the benefit and education of the inmates, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4011.2 of the Penal Code is amended to read:
4011.2. (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to charge a
fee in the amount of six dollars ($6) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate has no money in his or her personal
account, there shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.
(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) Moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
distributed as follows:
(1) The first three dollars ($3) collected for an inmate-initiated
medical visit shall be transferred to the county or city general
fund.
(2) Any amount over three dollars ($3) collected for an
inmate-initiated medical visit shall be placed into the inmate
welfare fund created pursuant to Section 4025.
SEC. 2. Section 4025 of the Penal Code
is amended to read:
4025. (a) The sheriff of each county may establish, maintain and
operate a store in connection with the county jail and for this
purpose may purchase confectionery, tobacco and tobacco users'
supplies, postage and writing materials, and toilet articles and
supplies and sell these goods, articles, and supplies for cash to
inmates in the jail.
(b) The sale prices of the articles offered for sale at the store
shall be fixed by the sheriff. Any profit shall be deposited in an
inmate welfare fund to be kept in the treasury of the county.
(c) There shall also be deposited in the inmate welfare fund 10
percent of all gross sales of inmate hobbycraft.
(d) There shall be deposited in the inmate welfare fund any money,
refund, rebate, or commission received from a telephone company or
pay telephone provider when the money, refund, rebate, or commission
is attributable to the use of pay telephones which are primarily used
by inmates while incarcerated.
(e) The money and property deposited in the inmate welfare fund
shall be expended by the sheriff primarily for the benefit,
education, and welfare of the inmates confined within the jail. Any
funds that are not needed for the welfare of the inmates may be
expended for the maintenance of county jail facilities. Maintenance
of county jail facilities may include, but is not limited to, the
salary and benefits of personnel used in the programs to benefit the
inmates, including, but not limited to, education, drug and alcohol
treatment, welfare, library, accounting, and other programs deemed
appropriate by the sheriff. Inmate welfare funds shall not be used to
pay required county expenses of confining inmates in a local
detention system, such as meals, clothing, housing, or medical
services or expenses, except that inmate welfare funds may be used to
augment those required county expenses as determined by the sheriff
to be in the best interests of inmates. An itemized report of these
expenditures shall be submitted annually to the board of supervisors.
(f) Notwithstanding any other provision in this section, the money
deposited into the inmate welfare fund pursuant to Section 4011.2
shall be expended by the sheriff only for the benefit and education
of the inmates confined within the jail. These services and programs
may include education, drug and alcohol treatment, library, and other
service oriented or educational programs deemed appropriate by the
sheriff, including reentry assistance services pursuant to Section
4025.5.
(f)
(g) The operation of a store within any other county
adult detention facility which is not under the jurisdiction of the
sheriff shall be governed by the provisions of this section, except
that the board of supervisors shall designate the proper county
official to exercise the duties otherwise allocated in this section
to the sheriff.
(g)
(h) The operation of a store within any city adult
detention facility shall be governed by the provisions of this
section, except that city officials shall assume the respective
duties otherwise outlined in this section for county officials.
(h)
(i) The treasurer may, pursuant to Article 1
(commencing with Section 53600), or Article 2 (commencing with
Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code, deposit, invest, or reinvest any part of the inmate
welfare fund, in excess of that which the treasurer deems necessary
for immediate use. The interest or increment accruing on these funds
shall be deposited in the inmate welfare fund.
(i)
(j) The sheriff may expend money from the inmate welfare
fund to provide indigent inmates, prior to release from the county
jail or any other adult detention facility under the jurisdiction of
the sheriff, with essential clothing and transportation expenses
within the county or, at the discretion of the sheriff,
transportation to the inmate's county of residence, if the county is
within the state or within 500 miles from the county of
incarceration. This subdivision does not authorize expenditure of
money from the inmate welfare fund for the transfer of any inmate to
the custody of any other law enforcement official or jurisdiction.