BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1462
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          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;









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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 


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