BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1462 (Leno) - County sheriffs: medical release of prisoners.
          
          Amended: April 9, 2012          Policy Vote: Public Safety 5-2
          Urgency: No                     Mandate: No
          Hearing Date: May 24, 2012      Consultant: Jolie Onodera
          
          SUSPENSE FILE. AS PROPOSED TO BE AMENDED.


          Bill Summary: SB 1462 would authorize a sheriff to release a 
          prisoner from a county jail after conferring with a jail 
          physician if the sheriff determines the prisoner would not 
          reasonably pose a threat to public safety and the prisoner is 
          deemed to have a life expectancy of six months or less. This 
          bill would also authorize the court, at the request of a 
          sheriff, to grant medical probation to any prisoner sentenced to 
          a county jail who is physically incapacitated, as specified, if 
          that incapacitation did not exist at the time of sentencing, or 
          to a prisoner who would require acute long-term inpatient 
          rehabilitation services. Before a prisoner's compassionate 
          release or release to medical probation, the sheriff would be 
          required to secure a placement option for the prisoner, as 
          specified. 
          
          Fiscal Impact: 
              No state costs. Increased annual costs to provide long-term 
              care services of $1.5 million federal statewide, to the 
              extent 30 prisoners are granted medical probation and 
              determined eligible for Medi-Cal. Estimated costs are based 
              on an average annual cost of $100,000 per individual. 
              Statewide costs could be higher or lower commensurate with 
              the actual number of prisoners granted medical probation and 
              the medical costs specific to each individual.

              Major annual savings in the millions of dollars to local 
              jails as a result of eliminating costly security and medical 
              costs for these prisoners. In Los Angeles (LA) County alone, 
              annual savings of $7.3 million is estimated for ten 
              individuals identified as potentially eligible for medical 
              probation (based on an average daily security/base medical 
              rate of $2,000 per prisoner).  

          Background: Existing law authorizes a sheriff to release a 







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          prisoner for transfer to a medical facility or residential care 
          facility if the prisoner's physical condition, as determined by 
          a private physician (not under contract with the county or a 
          county employee), renders the prisoner incapable of causing harm 
          to others upon release, the prisoner's condition is not expected 
          to improve to the extent he/she would pose a threat to public 
          safety, and the sheriff determines the prisoner's medical needs 
          would be better served in a medical facility or residence other 
          than a county correctional facility. 

          Existing law includes a form of "compassionate release" for 
          prisoners determined by the Secretary of the CDCR or the Board 
          of Parole Hearings to be either, 1) terminally ill with an 
          incurable condition caused by an illness or disease that would 
          produce death within six months, as determined by a CDCR 
          physician, or, 2) permanently medically incapacitated with a 
          medical condition that renders him or her permanently unable to 
          perform activities of daily living, resulting in 24-hour care, 
          and the incapacitation did not exist at the time of original 
          sentencing.
          
          Current law also includes medical parole, if determined by the 
          BPH would not pose a threat to public safety, for any state 
          prisoner other than those sentenced to death, life without 
          parole, or who is otherwise barred by an initiative statute, who 
          the head physician of the institution where the prisoner is 
          located determines is permanently medically incapacitated with a 
          medical condition that renders him or her permanently unable to 
          perform activities of basic daily living resulting in the 
          prisoner requiring 24-hour care, and that incapacitation did not 
          exist at the time of sentencing. Data as of April 2012 from the 
          California Correctional Health Care Services indicates that of 
          39 cases set for hearing, 35 cases (nearly 90 percent) were 
          approved by the BPH for medical parole. An additional six people 
          received compassionate release prior to their medical parole 
          hearing.   

          Proposed Law: This bill would authorize a sheriff, after 
          conferring with a jail physician, to release from a county 
          correctional facility, a prisoner sentenced to 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 six months or less. Prior to a prisoner's compassionate 








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          release, the sheriff would be required to notify the court of 
          his/her intention to release the prisoner, as specified. 

          This bill would further provide that the sheriff, after 
          conferring with the jail physician, 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 
          county jail under either of the following circumstances:
               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-hourcare, if that 
              incapacitation did not exist at the time of sentencing.
               The prisoner would require acute long-term inpatient 
              rehabilitation services.

          During the time on medical probation, the probation officer or 
          court may, at any time, request a medical examination of the 
          person by a jail physician. If the court determines based on the 
          medical examination that the person's medical condition has 
          improved to the extent that the person no longer qualifies for 
          medical probation, the court may return the person to the 
          custody of the sheriff.

          Before a prisoner's compassionate release or release on medical 
          probation, the sheriff 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 Medicaid benefits or other 
          medical coverage that might assist in funding the prisoner's 
          medical treatment while in the community.

          The bill further states that it may 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.
          Related Legislation: SB 1399 (Leno) Chapter 405/2010 provides 
          that any prisoner determined to be medically incapacitated with 
          a medical condition that renders the prisoner permanently unable 
          to perform activities of basic daily living, and results in the 
          prisoner requiring 24-hour care, and that incapacitation did not 
          exist at the time of sentencing, shall be granted medical 
          parole, if the Board of Parole Hearings determines that the 
          conditions under which the prisoner would be released would not 








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          reasonably pose a threat to public safety. 
          
          Staff Comments: The fiscal impact of this bill is dependent on 
          several factors that are indeterminable at this time. Because 
          the statute defining eligibility for medical parole is very 
          restrictive and requires both medical documentation and a parole 
          board hearing, there are a relatively small number of eligible 
          prisoners. As the provisions of this bill would authorize the 
          courts to grant medical probation based on a sheriff's 
          determination after discussion with the jail physician, and 
          would not require additional review or a board hearing, the 
          number of medical probationers could potentially be greater. 

          Although an earlier version of the bill would have applied its 
          provisions only to felons sentenced to jail pursuant to 2011 
          Public Safety Realignment who would have otherwise been 
          sentenced to state prison, the bill as currently proposed would 
          extend the authority for compassionate release and medical 
          probation to any inmate sentenced to county jail, including all 
          felons and misdemeanants.

          The number of eligible prisoners statewide is unknown at this 
          time. LA County has identified 10 prisoners currently eligible 
          for medical probation under the provisions of this bill. County 
          jails will see substantial savings in the millions of dollars 
          annually due to the elimination of costly security and medical 
          costs associated with these high-cost prisoners. As of April 
          2012, LA County indicated expenditures of over $900,000 for ten 
          prisoners over a period of less than three months. At an average 
          daily rate of approximately $2,000 for security and basic 
          medical costs, the county would save $7.3 million annually.

          The bill requires the sheriff to secure a placement option for 
          the prisoners before the prisoner's release on medical 
          probation. To the extent the prisoner is determined eligible for 
          Medi-Cal, increased costs of approximately $100,000 per year per 
          medical probationer would be funded federally 50 percent and 50 
          percent General Fund. Assuming LA County represents 
          approximately one third of the statewide eligible caseload, 30 
          prisoners granted medical probation would  result in annual 
          costs of $3 million ($1.5 million federal/$1.5 million General 
          Fund). Statewide costs could be higher or lower dependent on the 
          number of prisoners granted medical probation and the medical 
          costs specific to each case.








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          Recommended Amendments: To address the potential General Fund 
          impact associated with this bill, staff recommends an amendment 
          to specify the local entity currently responsible for payment of 
          the prisoner's medical costs would continue to pay the 
          nonfederal share of Medi-Cal costs associated with each 
          individual's medical treatment.

          Author's amendments would specify that for any prisoner released 
          pursuant to compassionate release or medical probation that is 
          eligible for Medi-Cal, the county shall continue to pay the 
          non-federal share of the prisoner's Medi-Cal costs.