California Legislature—2015–16 Regular Session

Assembly Bill No. 1703

Introduced by Assembly Member Santiago

January 25, 2016

An act to amend Section 4011.5 of the Penal Code, relating to inmates.

LEGISLATIVE COUNSEL’S DIGEST

AB 1703, as introduced, Santiago. Inmates: medical treatment.

Existing law authorizes a court, when an inmate requires medical or surgical treatment necessitating hospitalization that cannot be furnished at the jail, to order the removal of the inmate to a hospital, as specified. Existing law authorizes a sheriff or jailer who determines that a prisoner in a city or county jail under his or her charge is in need of immediate medical or hospital care, and that the health and welfare of the prisoner will be injuriously affected unless the prisoner is forthwith removed to a hospital, to authorize the immediate removal of the prisoner under guard to a hospital, without first obtaining a court order.

This bill would specify that “immediate medical or hospital care” includes, but is not limited to, critical specialty medical procedures or treatment, such as dialysis, which cannot be furnished, performed, or supplied at a city or county jail.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4011.5 of the Penal Code is amended to
read:

4011.5.  

begin delete Whenever it appears to end delete begin insert (a) end insert begin insert   end insert begin insert If end insert a sheriff or jailer
begin insert determines end insert that a prisoner in a county jail or a city jail under his
begin insert or her end insert charge is in need of immediate medical or hospital care,
and that the health and welfare of the prisoner will be injuriously
affected unless begin delete he end delete begin insert the prisoner end insert is forthwith removed to a hospital,
the sheriff or jailer may authorize the immediate removal of the
prisoner under guard to a hospital, without first obtaining a court
order as provided in Section 4011. begin delete In any such case, however, if end delete
begin insert If end insert the condition of the prisoner prevents his begin insert or her end insert return to the jail
within 48 hours from the time of his begin insert or her end insert removal, the sheriff or
jailer shall apply to a judge of the superior court for an order
authorizing the continued absence of the prisoner from the jail in
the manner provided in Section 4011. The provisions of Section
4011 governing the cost of medical and hospital care of prisoners
and the liability begin delete therefor, end delete begin insert for those costs end insert shall apply to the cost of,
and the liability for, medical or hospital care of prisoners removed
from jail pursuant to this section.

begin insert

(b) For purposes of this section, “immediate medical or hospital
care” includes, but is not limited to, critical specialty medical
procedures or treatment, such as dialysis, which cannot be
furnished, performed, or supplied at a county jail or city jail.

end insert