BILL NUMBER: AB 2261	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 24, 2012

   An act to amend Section 4011.2 of the Penal Code, relating to
county jails.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2261, as introduced, Valadao. County inmates: medical visits.
   Existing law authorizes a city or county to make claim for and
recovery of the costs of necessary hospital, medical, surgical,
dental, or optometric care rendered to any prisoner confined in a
county or city jail, who would otherwise be entitled to that care
under the Medi-Cal program, as specified, or under the provisions of
any private program or policy. Existing law provides that the city or
county is only liable for the costs of that care that cannot be
recovered. Existing law also authorizes a sheriff, chief or director
of corrections, or chief of police 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. Existing law provides that the fee is charged
to the inmate's personal account at the facility, and that, if the
inmate does not have any money in his or her personal account, there
is no charge for the medical visit. Existing law also provides that
an inmate shall not be denied medical care because of a lack of funds
in his or her personal account at the facility.
   This bill would revise the provision authorizing a sheriff, chief
or director of corrections, or chief of police 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, and would instead authorize those
persons to establish and charge a single, standardized fee for each
inmate-initiated medical visit of an inmate confined in a county or
city jail. The bill would require that the same fee charged be
charged to all inmates, except as otherwise provided under existing
law. The bill would prohibit the fee from exceeding the reasonable
costs incurred by the facility as a result of the visit.
   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 4011.2 of the Penal Code is amended to read:
   4011.2.  (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to 
establish and  charge a  single, standar   dized
 fee  in the amount of three dollars ($3)  for
each inmate-initiated medical visit of an inmate confined in a county
or city jail.  The same fee shall   be charged to all
inmates, except as otherwise provided in this section. The fee shall
not exceed the reasonable costs incurred by the facility as a result
of the visit. 
   (b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate  has no   does not
have any  money in his or her personal account, there shall be
no charge for the medical visit.
   (c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
   (d) The medical 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 treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.
   (e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
   (f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
transferred to the county or city general fund.