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 4011.2Sections 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.