HomeMy WebLinkAboutMINUTES - 07072009 - C.14RECOMMENDATION(S):
SUPPORT Assembly Bill 1487 (Hill), a bill that would increase 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
recommended by the Health Services Department Director.
FISCAL IMPACT:
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. 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.
BACKGROUND:
EXISTING LAW:
1) Provides that a sheriff, director of corrections, or chief of police is authorized to charge a
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/07/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 7, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Jane Pennington, Deputy
cc:
C.14
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 7, 2009
Contra
Costa
County
Subject:SUPPORT Position for AB 1487 (Hill): Inmate Medical Expenses
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 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).]
BACKGROUND: (CONT'D)
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. "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 on 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 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 for
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 / Public Safety Committee, Chief Counsel / (916)
319-3744
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
AB 1487 (Hill)
AMENDED IN ASSEMBLY APRIL 2, 2009
california legislature—2009–10 regular session
ASSEMBLY BILL No. 1487
Introduced by Assembly Member Hill
February 27, 2009
An act to amend Section 4011.2 of the Penal Code, relating to inmate
medical costs.
legislative counsel’s digest
AB 1487, as amended, Hill.Inmate medical expenses.
Under existing law, a sheriff, chief or director of corrections, or a
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 who has money in his or her personal account. 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 be transferred to the
county or city general fund.
Existing law requires that the above fee be charged to the inmate’s
account at his or her respective facility and prohibits a denial of medical
care to an inmate because of a lack of funds in that account.
This bill would increase the above fee to $6.The bill would require
that any amount collected for an inmate-initiated medical visit in excess
of $3 be placed into the county inmate welfare fund.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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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 charge
a fee in the amount of six dollars ($6) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) 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.
(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 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. distributed as
follows:
(1) The first three dollars ($3) collected for an inmate-initiated
medical visit shall be transferred to the county or city general
fund.
(2) Any amount over three dollars ($3) collected for an
inmate-initiated medical visit shall be placed into the inmate
welfare fund created pursuant to Section 4025.
O
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