BILL NUMBER: AB 2232	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 18, 2010

   An act to amend Section 5007.5 of the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2232, as introduced, Nielsen. Inmates: inmate-initiated medical
and dental visits.
   Under existing law, the Secretary of the Department of Corrections
and Rehabilitation is authorized to charge a fee in the amount of $5
for each inmate-initiated medical visit of an inmate confined in the
state prison. Existing law authorizes the medical provider to waive
the fee, requires the medical provider to waive the fee in any
life-threatening or emergency situation, as defined, exempts followup
medical visits from the fee, and requires all moneys received
pursuant to this provision to, upon appropriation by the Legislature,
be expended to reimburse the department for direct provision of
inmate health care services.
   This bill would increase the above fee to $10 and additionally
authorize a $5 fee for each inmate-initiated dental visit. The bill
would require that these fees be adjusted annually for inflation, as
specified. The bill would provide for the fees to be charged even if
the inmate has insufficient funds in his or her personal account to
cover the fees and would require that any amounts owing be paid
before spending on other items is permitted, except as specified. The
bill would require that followup medical or dental visits at the
direction of the medical or dental staff be charged in an amount
equal to 25% of the initial fee charged. The bill would remove the
requirement that the fee be waived in any life-threatening or
emergency situation and modify the definition of emergency services.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5007.5 of the Penal Code is amended to read:
   5007.5.  (a) The  Director of Corrections  
Secretary of the Department of Corrections and Rehabilitation 
is authorized to charge a fee in the amount of five dollars
($5)   ten dollars ($10)  for each inmate-initiated
medical visit  and in the amount of five dollars ($5) for each
inmate-initiated dental visit  of an inmate confined in the
state prison.  Commencing with the 2011-   12 fiscal
year, the fees established in this subdivision shall be adjusted
annually for inflation using data from the Department of Finance.

   (b) The  fee   fees  shall be charged to
the prison account of the inmate. If the inmate  has no
money in his or her personal account, there shall be no charge for
the medical visit.   does not have sufficient funds in
his or her personal account to cover the fee, the account shall be
debited   and may carry a negative balance. Any amounts
owing must be paid before spending on other items is  
permitted and shall be subordinate only to court-ordered payments,
such as victim restitution. 
   (c) An inmate shall not be denied medical care because of a lack
of funds in his or her prison account.
   (d) The medical  or dental  provider may waive the fee
for any inmate-initiated treatment  and shall waive the fee
 in any life-threatening or emergency situation, defined as
those health services required  for alleviation of severe
pain or  for immediate diagnosis  and  
or  treatment of unforeseen medical conditions that if not
immediately diagnosed  and   or  treated
could  reasonably be expected to  lead to disability or
death.
   (e) Followup medical  or dental  visits at the direction
of the medical  or dental  staff shall  not
 be charged to the inmate  in an amount equal to 25
percen   t of the fee initially charged to the inmate
pursuant to subdivision (a)  .
   (f) All moneys received by the  Director of Corrections
  Secretary of the Department of Corrections and
Rehabilitation  pursuant to this section shall, upon
appropriation by the Legislature, be expended to reimburse the
Department of Corrections  and Rehabilitation  for direct
provision of inmate health care services.