BILL NUMBER: AB 2232	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2010

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 amended, 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 
 instead require that the above fee be charged  and
additionally  authorize   require the Secretary
to charge  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  , and would
provide for the inmate to be billed for any balance owing, with
payment due 6 months after release  . 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.   The
bill would require the dental provider to waive the fee in any
life-threatening or emergency situation. 
   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 Secretary of the Department of Corrections and
Rehabilitation  is authorized to   shall 
charge a fee in the amount of  ten dollars ($10) 
 five dollars ($5)  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)  (1)    The fees shall be charged to the
prison account of the inmate. If the inmate 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. 
   (2) Any negative balance associated with an inmate's prison
account shall be discharged from the trust accounting system at the
time of the inmate's release. The balance shall be billed to the
inmate and shall be due six months from the date of release. Any
unpaid balance shall be reinstated into the trust accounting system
if the inmate returns to custody. 
   (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  
shall  waive the fee for any inmate-initiated treatment in any
life-threatening or emergency situation, defined as those health
services required for immediate diagnosis or treatment of unforeseen
medical conditions that if not immediately diagnosed 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 be charged to the inmate in an amount
equal to 25 percent of the fee initially charged to the inmate
pursuant to subdivision (a).
   (f) All moneys received by the 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.