BILL ANALYSIS
AB 1487
Page 1
Date of Hearing: May 12, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1487 (Hill) - As Amended: April 2, 2009
SUMMARY : Increases from $3 to $6 the fee charged for each
inmate-initiated medical visit by an inmate confined in a county
or city jail, and requires that the $3 fee increase be deposited
in the county inmate welfare fund, as specified.
EXISTING LAW :
1)Provides that a sheriff, director of corrections, or chief of
police is authorized to charge a fee in the amount of $3 for
each inmate initiated medical visit of an inmate confined in a
county or city jail. [Penal Code Section 4011.2(a).]
2)States that the fee shall be charged to the inmate's personal
account at the facility. If the inmate has no money in his or
her personal account, there shall be no charge for the medical
visit, the inmate shall not be denied medical care because of
a lack of funds because of a lack of funds in his or her
personal account at the facility. [Penal Code Section
4011.2(b) and (c).]
3)Provides that the medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee for any
life-threatening or emergency situation, defined as those
health services required for alleviation of severe pain or for
immediate diagnosis and treatment of unforeseen medical
conditions that if not immediately treated could lead to
disability or death. [Penal Code Section 4011.2(d).]
4)Requires that all moneys received for inmate initiated medical
visits received by a sheriff, director of corrections, or
chief of police be transferred to the county or city general
fund. [Penal Code Section 4011.2(f).]
5)Authorizes a county sheriff to establish, maintain and operate
a store in connection with the county jail and for this
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purchase may purchase confectionary, tobacco and tobacco
users' supplies, postage and writing materials, and toilet
articles and supplies and sell these goods, articles, and
supplies for cash to inmates. [Penal Code Section 4025(a).]
6)Provides that the sale prices of the articles offered for sale
at the store shall be fixed by the sheriff. Any profit shall
be deposited in the inmate welfare fund to be kept in the
treasury of the county. [Penal Code Section 4025(b).]
7)Provides that money and property deposited in the inmate
welfare fund shall be expended by the sheriff primarily for
the benefit, education, and welfare of the inmates confined
within the county jail. [Penal Code Section 4025(e).]
8)Authorizes the sheriff to expend money from the inmate welfare
fund to provide indigent inmates, prior to the release from
the county jail or other adult correctional facility under the
sheriff's jurisdiction, with essential clothing and
transportation expenses. [Penal Code Section 4025(i).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement . According to the author, "The fee
currently charged for inmate-initiated visits has not
increased since 1994, but the costs associated with providing
these services have risen since then. AB 1487 would help
bring the fee in line with the increased costs, while ensuring
that inmates are not denied care because of an inability to
pay.
"The bill also requires that any fees collected in excess of the
current $3 go toward the county Inmate Welfare Fund (IWF).
The IWF is designed to provide services essential to the
benefit, welfare, and educational needs of the inmates
confined within the detention facilities. Any funds that are
not needed for the welfare of the inmates may be expended for
the maintenance of county jail facilities. The sheriff may
also expend money from the IWF to provide indigent inmates,
upon release from the county jail or any other adult detention
facility under the jurisdiction of the sheriff, with essential
clothing and transportation expenses.
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"AB 1487 is designed to help counties meet the fiscal demands of
rising costs of medical expenses while ensuring that
additional moneys collected are spent to benefit inmate
welfare."
2)Inmate Welfare Fund : Existing law authorizes the sheriff of
each county to establish an IWF. (Penal Code Section 4025.)
The purpose of the IWF is to fund programs that assist inmates
in transitioning back into the community. Programs include
education, drug and alcohol treatment, library services and
counseling. [Penal Code Section 4025(e).] Money from an IWF
may also be used for essential clothing and transportation
expenses for an inmate upon release. [Penal Code Section
4025(i).]
This bill increases from the fee charged for each
inmate-initiated medical visit by an inmate confined in a
county or city jail from $3 to $6, but requires that the $3
fee increase be deposited in the county IWF.
3)Argument in Support: The California State Sheriffs'
Association (the sponsor of this bill) states, "Current law
authorizes a sheriff to charge a fee in the amount of $3 for
each inmate-initiated medical visit of an inmate confined in a
county or city jail. The fee is charged to the inmate's
personal account at the facility and is based strictly o the
ability to pay. If the inmate has no money in his or her
personal account, there is no charge for the medical visit nor
is an inmate denied medical care because of a lack of funds in
his or her personal account. The $3 fee that is currently
charged for inmate-initiated medical visits has not been
enacted, yet the fee has not been adjusted to keep in line
with those costs.
"AB 1487 would increase this fee to $6 and specify the
allocation of these funds. The current $3 fee will continue
to be collected and transferred to the county or city general
fund pursuant to existing law. The additional $3 fee proposed
by this bill will be collected and transferred to the county
IWF. The IWF is designed to provide services essential to the
benefit, welfare, and educational needs of inmates confined
within the detention facilities."
4)Argument in Opposition . According to the Disability Rights
California , "Existing law permits a sheriff, chief or director
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of corrections, or chief of police to charge a fee in the
amount of $3 for each medical visit initiated by an inmate so
long as the visit is not a life-threatening emergency, the
inmate has funds in a personal account to make the payment,
and the medical provider chooses not to waive the fee. This
bill will raise the fee from $3 to $6 and requires that $3 of
the fee go into the county IWF. The bill provides no language
delineating circumstances under which a medical provider is
permitted to waive the proposed $6 fee for an inmate-initiated
request for medical service."
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association (Sponsor)
Amador County Sheriff
Association fro Los Angeles Deputy Sheriffs
Alameda County Sheriff
California State Association of Counties
Contra Costa County Sheriff
Del Norte County Sheriff
El Dorado County Sheriff
Fresno County Sheriff
Los Angeles County Sheriff's Department
Mariposa County Sheriff
Regional Council of Rural Counties
Sacramento County Sheriff's Department
San Bernardino County Sheriff's Department
Santa Barbara County Sheriff
Santa Cruz County Sheriff
Shasta County Sheriff
Tuolumne County Sheriff's Office
Ventura County Sheriff
Yolo County Sheriff
Opposition
Disability Rights California
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744