Bill Text: CA SB1364 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prisons: discretionary services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-17 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1364 Detail]

Download: California-2009-SB1364-Introduced.html

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BILL NUMBER: SB 1364	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 19, 2010

   An act to add Sections 4011.3 and 5007.3 to the Penal Code,
relating to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1364, as introduced, Harman. Prisons: discretionary services.
   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, as
specified, and requires all moneys received pursuant to this
provision to be transferred to the county or city general fund.
Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to charge a $5 fee for each
inmate-initiated medical visit of an inmate, as specified, and
provides that upon appropriation by the Legislature, the funds so
received be expended to reimburse the department for direct provision
of inmate health care services.
   This bill would, in the case of county jails, authorize a sheriff,
chief or director of corrections, or chief of police or, in the case
of state prisons, authorize the Secretary of the Department of
Corrections and Rehabilitation to institute a schedule of fees and
assess fees for discretionary services, specified to not include
certain medical services or services otherwise required by the
constitution, statute, or applicable case law. The bill would require
a procedure for the appeal of those fees assessed. The bill would
provide a process for the accrual and forgiveness of those fees, as
specified. The bill would require that all moneys received pursuant
to this bill be expended to reimburse the facilities for the
provision of discretionary services, upon approval by the governing
board in the case of local facilities or upon appropriation by the
Legislature in the case of state facilities.
   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 4011.3 is added to the Penal Code, to read:
   4011.3.  (a) A sheriff, chief or director of corrections, or chief
of police is authorized to institute a schedule of fees for
discretionary services, as specified in subdivision (e), and assess
those fees upon inmates.
   (b) A sheriff, chief or director of corrections, or chief of
police assessing fees pursuant to this section shall establish a
procedure for inmates to appeal fees assessed pursuant to this
section.
   (c) Inmates shall have the option to either pay for the fees
assessed pursuant to this section at the time the service is provided
or have the fees accrue in the inmate's personal account at the
facility. The amount that may be charged to an inmate pursuant to
this section shall not exceed an amount equal to twenty-five dollars
($25) a day. Any amount owed for fees assessed pursuant to this
section at the time the inmate is released from custody shall remain
due and payable as a charge to the inmate. However, the inmate shall
have the option of deferring payment for those fees for a period not
to exceed two years from the date of release. If the inmate is not
incarcerated within two years of his or her release from custody,
this debt shall be forgiven.
   (d) Each sheriff, chief or director of corrections, or chief or
police that assesses fees upon inmates pursuant to this section shall
adopt regulations for the implementation of this section.
   (e) For purposes of this section, "discretionary services" shall
not include services for medical care provided pursuant to Section
4011.2 or services otherwise required by the constitution, statute,
or applicable case law.
   (f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
expended, upon approval by the governing board of the city, county,
or city and county with jurisdiction, to reimburse the facility
providing discretionary services for the provision of those services.

  SEC. 2.  Section 5007.3 is added to the Penal Code, to read:
   5007.3.  (a) The Secretary of the Department of Corrections and
Rehabilitation is authorized to institute a schedule of fees for
discretionary services, as specified in subdivision (e), and assess
those fees upon inmates.
   (b) The Secretary of the Department of Corrections and
Rehabilitation shall establish a procedure for inmates to appeal fees
assessed pursuant to this section.
   (c) An inmate shall have the option to pay for the fees assessed
pursuant to this section at the time the service is provided or have
the fees accrue in the inmate's personal account at the facility. The
amount that may be charged to an inmate pursuant to this section
shall not exceed an amount equal to twenty-five dollars ($25) per
day. Any amount owed for fees assessed pursuant to this section at
the time the inmate is released from custody shall remain due and
payable as a charge to the inmate. However, the inmate shall have the
option of deferring payment for those fees for a period not to
exceed two years from the date of release. If the inmate is not
incarcerated within two years of his or her release from custody,
this debt shall be forgiven.
   (d) The Secretary of the Department of Corrections and
Rehabilitation shall adopt regulations for the implementation of this
section.
   (e) For purposes of this section, "discretionary services" shall
not include services for medical care provided pursuant to Section
5007.5 or services otherwise required by the constitution, statute,
or applicable case law.
   (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 prison
facilities for providing discretionary services in an amount that is
proportional to the amount of moneys received from those prison
facilities.