Bill Text: CA AB1703 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Inmates: medical treatment.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2016-07-22 - Chaptered by Secretary of State - Chapter 65, Statutes of 2016. [AB1703 Detail]

Download: California-2015-AB1703-Chaptered.html

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BILL NUMBER: AB 1703	CHAPTERED
	BILL TEXT

	CHAPTER  65
	FILED WITH SECRETARY OF STATE  JULY 22, 2016
	APPROVED BY GOVERNOR  JULY 22, 2016
	PASSED THE SENATE  JUNE 30, 2016
	PASSED THE ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member Santiago

                        JANUARY 25, 2016

   An act to amend Section 4011.5 of the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1703, Santiago. Inmates: medical treatment.
   Existing law authorizes a court, when an inmate requires medical
or surgical treatment necessitating hospitalization that cannot be
furnished at the jail, to order the removal of the inmate to a
hospital, as specified. Existing law authorizes a sheriff or jailer
who determines that a prisoner in a city or county jail under his or
her charge is in need of immediate medical or hospital care, and that
the health and welfare of the prisoner will be injuriously affected
unless the prisoner is forthwith removed to a hospital, to authorize
the immediate removal of the prisoner under guard to a hospital,
without first obtaining a court order.
   This bill would specify that "immediate medical or hospital care"
includes, but is not limited to, critical specialty medical
procedures or treatment, such as dialysis, which cannot be furnished,
performed, or supplied at a city or county jail.


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

  SECTION 1.  Section 4011.5 of the Penal Code is amended to read:
   4011.5.  (a) If a sheriff or jailer determines that a prisoner in
a county jail or a city jail under his or her charge is in need of
immediate medical or hospital care, and that the health and welfare
of the prisoner will be injuriously affected unless the prisoner is
forthwith removed to a hospital, the sheriff or jailer may authorize
the immediate removal of the prisoner under guard to a hospital,
without first obtaining a court order as provided in Section 4011. If
the condition of the prisoner prevents his or her return to the jail
within 48 hours from the time of his or her removal, the sheriff or
jailer shall apply to a judge of the superior court for an order
authorizing the continued absence of the prisoner from the jail in
the manner provided in Section 4011. The provisions of Section 4011
governing the cost of medical and hospital care of prisoners and the
liability for those costs shall apply to the cost of, and the
liability for, medical or hospital care of prisoners removed from
jail pursuant to this section.
   (b) For purposes of this section, "immediate medical or hospital
care" includes, but is not limited to, critical specialty medical
procedures or treatment, such as dialysis, which cannot be furnished,
performed, or supplied at a county jail or city jail.