Bill Text: CA SB1462 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: County sheriffs: release of prisoners: medical release.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 837, Statutes of 2012. [SB1462 Detail]

Download: California-2011-SB1462-Introduced.html

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BILL NUMBER: SB 1462	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to add Sections 26605.6 and 26605.7 to the Government Code,
relating to sheriffs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1462, as introduced, Leno. County sheriffs: release of
prisoners: medical release.
   Existing law requires the sheriff to receive all persons committed
to jail by competent authority and authorizes a sheriff to release a
prisoner from a county correctional facility for transfer to a
medical care facility or residential care facility upon the advice of
a physician, as specified, provided the sheriff gives specified
notice to the superior court.
   This bill would additionally authorize the sheriff to release a
prisoner from a county correctional facility after conferring with a
physician who has oversight for providing medical care at the county
jail if the sheriff determines that the prisoner would not reasonably
pose a threat to public safety and the prisoner, upon diagnosis by
the examining physician, is deemed to have a life expectancy of 6
months or less, provided the sheriff gives specified notice to the
superior court. The bill would also authorize the sheriff to request
the court to grant medical probation or to resentence a prisoner to
medical probation in lieu of jail time to prisoners convicted and
sentenced for specified crimes to the county jail, if the prisoner is
physically incapacitated with a medical condition that renders the
prisoner permanently unable to perform activities of basic daily
living, which has resulted in the prisoner requiring 24-hour care,
and if that incapacitation did not exist at the time of sentencing or
if the prisoner would require acute long-term inpatient
rehabilitation services. The bill would authorize the probation
officer or the court to request a medical examination of the person
released on medical parole at any time, and to return that person to
the sheriff's custody if that person no longer qualifies for release.

   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 26605.6 is added to the Government Code, to
read:
   26605.6.  (a) The sheriff, or his or her designee, has the
authority, after conferring with a physician who has oversight for
providing medical care at the county jail, or that physician's
designee, to release from a county correctional facility, a prisoner
sentenced to the county jail if the sheriff determines that the
prisoner would not reasonably pose a threat to public safety and the
prisoner, upon diagnosis by the examining physician, is deemed to
have a life expectancy of six months or less.
   (b) Prior to the release of any prisoner pursuant to this section,
the sheriff shall notify the presiding judge of the superior court
of his or her intention to release the prisoner. This notification
shall include:
   (1) The prisoner's name.
   (2) The offense or offenses for which the prisoner was
incarcerated, if applicable, and the pending charges, if applicable.
   (3) The date of sentence, if applicable.
   (4) The physician's diagnosis of the prisoner's condition.
   (5) The physician's prognosis for the prisoner's recovery.
   (c) This section shall not be construed as authorizing the sheriff
to refuse to receive and incarcerate a defendant or sentenced
individual who is not in need of immediate medical care or who has a
terminal medical condition.
  SEC. 2.  Section 26605.7 is added to the Government Code, to read:
   26605.7.  (a) The sheriff, or his or her designee, after
conferring with the physician who has oversight for providing medical
care, or the physician's designee, may request the court to grant
medical probation or to resentence a prisoner to medical probation in
lieu of jail time for any prisoner sentenced to the county jail
pursuant to subdivision (h) of Section 1170 of the Penal Code, under
either of the following circumstances:
   (1) The prisoner is physically incapacitated with a medical
condition that renders the prisoner permanently unable to perform
activities of basic daily living, which has resulted in the prisoner
requiring 24-hour care, if that incapacitation did not exist at the
time of sentencing.
   (2) The prisoner would require acute long-term inpatient
rehabilitation services.
   (b) During the time on probation pursuant to this section, the
probation officer or court may, at any time, request a medical
reexamination of the person by a physician who has oversight for
providing medical care to prisoners in the county jail, or the
physician's designee. If the court determines, based on that medical
examination, that the person's medical condition has improved to the
extent that the person no longer qualifies for medical probation, the
court may return the person to the custody of the sheriff.