BILL NUMBER: SB 1462	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2012
	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   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 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 a prisoner convicted and sentenced 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.  The bill would require a county that chooses to
implement these provisions to continue to pay the nonfederal share of
a prisoner's or probationer's Medi-Cal costs, as specif  
ied. The bill would not require a county to provide medical care for
a probationer ineligible for Medi-Cal if it determines that the
probationer can provide for his or her own medical care, 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 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 a county jail, or that physician's
designee, to release from a county correctional facility, a prisoner
sentenced to 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) 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. 

   (d) For any prisoner released pursuant to this section who is
eligible for Medi-Cal, the county shall continue to pay the
nonfederal share of the prisoner's Medi-Cal costs.  
   (d) 
    (e)  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 a county jail
 ,  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.
   (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 probationer by a physician who has oversight for
providing medical care to prisoners in a county jail, or the
physician's designee. If the court determines, based on that medical
examination, that the probationer's medical condition has improved to
the extent that the probationer no longer qualifies for medical
probation, the court may return the probationer to the custody of the
sheriff. 
   (d) (1) For any probationer granted medical probation pursuant to
this section who is eligible for Medi-Cal, the county shall continue
to pay the nonfederal share of the probationer's Medi-Cal costs.
After a probationer is released from medical probation, the county
shall no longer be required to pay the nonfederal share of the
Medi-Cal costs.  
   (2) For any probationer granted medical probation pursuant to this
section who is ineligible for Medi-Cal, the county shall consider
whether the probationer has private medical insurance or sufficient
income or assets to provide for his or her own medical care. If the
county determines that the probationer can provide for his or her own
medical care, the county shall not be required to provide the
probationer with medical care.