BILL ANALYSIS �
AB 2261
Page 1
Date of Hearing: April 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2261 (Valadao) - As Introduced: February 24, 2012
As Proposed to be Amended in Committee
SUMMARY : Increases from $3 to $5 the fee charged for each
inmate-initiated medical visit by an inmate confined in a county
or city jail.
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. �Penal Code Section 4011.2(b).]
3)Provides that an inmate shall not be denied medical care
because of a lack of funds in his or her personal account.
�Penal Code Section 4011.2 (c).]
4)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).]
5)States that follow-up medical visits at the direction of the
medical staff shall not be charged to the inmate. �Penal Code
Section 4011.2(e).]
6)Provides that the Director of the Department of Corrections is
authorized to charge a fee in the amount of $5 for each inmate
AB 2261
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initiated medical visit of an inmate confined in the state
prison. �Penal Code Section 5007.5(a).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "Under existing
law, a sheriff, director of corrections, or chief of police is
authorized to charge a fee in the amount of $3 for each inmate
co-pay in a county or city jail for medical care. The
Legislature set this $3 co-pay in 1994 and has not increased
it since, even though health care costs have skyrocketed over
the past 18 years. The fee is necessary to reduce frivolous
requests, staff time, and hold the inmate responsible to
participate in their own health needs. Since the cost of a
medical visit for a county inmate is so low it causes some
inmates to abuse the system, for example, some common reasons
to seek a non-medical visit are drug seeking, wanting to see a
specific person, wanting to get out of his/her cell, and now
with overcrowding some inmates just want to have some privacy.
AB 2261 will increase the co-pay from $3 to $5 which will
better align the amount charged to them with the cost of care
while deterring unnecessary and frivolous use of medical
services. This small increase will also bring the co-pay to
the current $5 fee that inmates currently pay in prison and
would have paid if it were not for realignment. AB 2261 is an
important first step towards reducing frivolous access to care
in our county jails."
2)Prior Legislation :
a) AB 1487 (Hill), of the 2009-10 Legislative Session,
would have increased from $3 to $6 the fee charged for each
inmate-initiated medical visit by an inmate confined in a
county or city jail, and required that the $3 fee increase
be deposited in the county inmate welfare fund.
AB 1487 was amended in the Senate into an unrelated subject
area.
b) AB 2232 (Nielsen), of the 2009-2010 Legislative Session,
would have required that a $5 fee be charged by the
California Department of Corrections for each
inmate-initiated medical visit of an inmate confined in the
state prison, extended the fee to dental visits, and
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required that inmates be charged for medically directed
follow up visits. AB 2232 was never heard by this
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Peace Officer Research Association of California
Regional Council of Rural Counties
Opposition
California Attorneys for Criminal Justice
Drug Policy Alliance
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744