BILL ANALYSIS Ó SB 1462 Page 1 SENATE THIRD READING SB 1462 (Leno) As Amended August 6, 2012 Majority vote SENATE VOTE :23-15 PUBLIC SAFETY 4-2 HEALTH 11-2 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, |Ayes:|Monning, Atkins, Eng, | | |Mitchell, Hall | |Garrick, Gordon, Hayashi, | | | | |Roger Hernández, | | | | |Mitchell, Nestande, Pan, | | | | |Williams | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Hagman |Nays:|Logue, Mansoor | | | | | | ----------------------------------------------------------------- SUMMARY : Provides authority for sheriffs, with specified limitations, to release persons from county jail who have a terminal illness with a life expectancy of less than six months and who do not pose a threat to the community. Additionally, this bill provides authority for sheriffs to grant medical parole for inmates who are incapacitated. Specifically, this bill : 1)Provides that a sheriff has the authority, after conferring with a physician who has oversight for providing medical care at a county jail, 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. 2)Specifies that 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: a) The prisoner's name; SB 1462 Page 2 b) The offense or offenses for which the prisoner was incarcerated, if applicable, and the pending charges, if applicable; c) The date of sentence, if applicable; d) The physician's diagnosis of the prisoner's condition; e) The physician's prognosis for the prisoner's recovery; and, f) The prisoner's address after release. 3)States that before a prisoner's compassionate release from a county jail pursuant to this section, 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 federal Medicaid benefits or other medical coverage that might assist in funding the prisoner's medical treatment while in the community. 4)Specifies that 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 the offender would have otherwise been incarcerated. 5)Provides that 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. 6)Provides that a sheriff, after conferring with the physician who has oversight for providing medical care, 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: a) The prisoner is physically incapacitated with a medical condition that renders the prisoner permanently unable to perform activities of basic daily living, which has SB 1462 Page 3 resulted in the prisoner requiring 24-hour care, if that incapacitation did not exist at the time of sentencing; or, b) The prisoner requires acute long-term inpatient rehabilitation services. 7)States that before a prisoner's release to medical probation, a 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 federal Medicaid benefits or other medical coverage that might assist in funding the prisoner's medical treatment while in the community. 8)Provides that 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. 9)Specifies that 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. 10)Provides that 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. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. SB 1462 Page 4 COMMENTS : According to the author, "SB 1462 will ensure that a small number of high-cost inmates sentenced to extended periods in county jail do not overwhelm a county's financial resources. "By mirroring the authority granted to the State, this bill will provide sheriffs with the flexibility to implement realignment without risking public safety. If at any time, a probationer's physical or medical condition should improve, the bill authorizes the court or probation to request a medical reevaluation of the probationer. "Should the court determine that the inmate's condition no longer qualifies for medical probation, the inmate may be returned directly to the custody of the Sheriff. "SB 1462 will also provide financial relief to counties in terms of lower medical costs. As it stands now, nearly every county in the state must contract with outside hospitals to house and treat inmates with acute medical needs. Incarcerated inmates, regardless of their medical condition, are not eligible to receive any federally funded medical care. "Under SB 1462, prisoners granted medical probation will no longer be prohibited from accessing federally funded medical benefits." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0004545