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
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|Ayes:|Ammiano, Cedillo, |Ayes:|Monning, Atkins, Eng, |
| |Mitchell, Hall | |Garrick, Gordon, Hayashi, |
| | | |Roger Hernández, |
| | | |Mitchell, Nestande, Pan, |
| | | |Williams |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Logue, Mansoor |
| | | | |
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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;
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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
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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.
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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