BILL NUMBER: SB 1462	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to add Sections 26605.6 and 26605.7 to the Government Code,
relating to sheriffs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1462, as amended, Leno. County sheriffs: release of prisoners:
medical release.
   Existing law requires the sheriff to receive all persons committed
to jail by competent authority and authorizes a sheriff to release a
prisoner from a county correctional facility for transfer to a
medical care facility or residential care facility upon the advice of
a physician, as specified, provided the sheriff gives specified
notice to the superior court.
   This bill would additionally authorize the sheriff to release a
prisoner from a county correctional facility after conferring with a
physician who has oversight for providing medical care at the county
jail if the sheriff determines that the prisoner would not reasonably
pose a threat to public safety and the prisoner, upon diagnosis by
the examining physician, is deemed to have a life expectancy of 6
months or less, provided the sheriff gives specified notice to the
superior court. The bill would also authorize the sheriff to request
the court to grant medical probation or to resentence a prisoner to
medical probation in lieu of jail time to  prisoners
 a prisoner  convicted and sentenced  for specified
crimes to the   to a  county jail, if the prisoner
is physically incapacitated with a medical condition that renders
the prisoner permanently unable to perform activities of basic daily
living, which has resulted in the prisoner requiring 24-hour care,
and if that incapacitation did not exist at the time of sentencing or
if the prisoner would require acute long-term inpatient
rehabilitation services. The bill would authorize the probation
officer or the court to request a medical examination of the person
released on medical parole at any time, and to return that person to
the sheriff's custody if that person no longer qualifies for release.

   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 26605.6 is added to the Government Code, to
read:
   26605.6.  (a) The sheriff, or his or her designee, has the
authority, after conferring with a physician who has oversight for
providing medical care at  the   a  county
jail, or that physician's designee, to release from a county
correctional facility, a prisoner sentenced to  the 
 a  county jail if the sheriff determines that the prisoner
would not reasonably pose a threat to public safety and the
prisoner, upon diagnosis by the examining physician, is deemed to
have a life expectancy of six months or less.
   (b)  Prior to   Before  the release of
any prisoner pursuant to this section, the sheriff shall notify the
presiding judge of the superior court of his or her intention to
release the prisoner. This notification shall include:
   (1) The prisoner's name.
   (2) The offense or offenses for which the prisoner was
incarcerated, if applicable, and the pending charges, if applicable.
   (3) The date of sentence, if applicable.
   (4) The physician's diagnosis of the prisoner's condition.
   (5) The physician's prognosis for the prisoner's recovery. 
   (6) The prisoner's address after release.  
   (c) Before a prisoner's compassionate release from a county jail
pursuant to this section, the sheriff, or his or her designee, shall
secure a placement option for the prisoner in the community and, in
consultation with the county welfare department or another applicable
county agency, examine the prisoner's eligibility for federal
Medicaid benefits or other medical coverage that might assist in
funding the prisoner's medical treatment while in the community.
 
   (c) 
    (d)  This section shall not be construed as authorizing
the sheriff to refuse to receive and incarcerate a defendant or
sentenced individual who is not in need of immediate medical care or
who has a terminal medical condition.
  SEC. 2.  Section 26605.7 is added to the Government Code, to read:
   26605.7.  (a) The sheriff, or his or her designee, after
conferring with the physician who has oversight for providing medical
care, or the physician's designee, may request the court to grant
medical probation or to resentence a prisoner to medical probation in
lieu of jail time for any prisoner sentenced to  the
  a  county jail  pursuant to subdivision
(h) of Section 1170 of the Penal Code  , under either of the
following circumstances:
   (1) The prisoner is physically incapacitated with a medical
condition that renders the prisoner permanently unable to perform
activities of basic daily living, which has resulted in the prisoner
requiring 24-hour care, if that incapacitation did not exist at the
time of sentencing.
   (2) The prisoner would require acute long-term inpatient
rehabilitation services. 
   (b) Before a prisoner's release to medical probation, the sheriff,
or his or her designee, shall secure a placement option for the
prisoner in the community and, in consultation with the county
welfare department or another applicable county agency, examine the
prisoner's eligibility for federal Medicaid benefits or other medical
coverage that might assist in funding the prisoner's medical
treatment while in the community.  
   (b) 
    (c)  During the time on probation pursuant to this
section, the probation officer or court may, at any time, request a
medical reexamination of the  person  
probationer  by a physician who has oversight for providing
medical care to prisoners in  the   a 
county jail, or the physician's designee. If the court determines,
based on that medical examination, that the  person's
  probationer's  medical condition has improved to
the extent that the  person   probationer 
no longer qualifies for medical probation, the court may return the
 person   probationer  to the custody of
the sheriff.