BILL NUMBER: SB 1462	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	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, 26605.7, and 26605.8 to the
Government Code, relating to county sheriffs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1462, 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 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
pay the nonfederal share of a prisoner's or probationer's Medi-Cal
costs, as specified. The bill would not require a county to provide
medical care for a prisoner or probationer ineligible for Medi-Cal if
it determines that the prisoner or probationer can provide for his
or her own medical care, as specified.
   This bill would require a county board of supervisors to adopt a
process to fund the nonfederal share of Medi-Cal costs, as specified,
before implementing the above-referenced provisions. The bill would
require the county board of supervisors to notify the State
Department of Health Care Services of the process.


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) (1) 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 for the period of
time that the offender would have otherwise been incarcerated.
   (2) For any prisoner granted compassionate release pursuant to
this section who is ineligible for Medi-Cal, the county shall
consider whether the prisoner has private medical insurance or
sufficient income or assets to provide for his or her own medical
care. If the county determines that the prisoner can provide for his
or her own medical care, the county shall not be required to provide
the prisoner with medical care.
   (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.
  SEC. 3.  Section 26605.8 is added to the Government Code, to read:
   26605.8.  Before implementing Sections 26605.6 and 26605.7, the
county board of supervisors shall adopt a process to fund the
nonfederal share of Medi-Cal costs for the period of time that a
prisoner would have otherwise been incarcerated or for the period of
time that a probationer is on medical probation. The county board of
supervisors shall notify the State Department of Health Care Services
of the process.