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AB-195 Prisoners: local reimbursement.(1999-2000)

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Passed  IN  Senate  September 07, 1999
Passed  IN  Assembly  September 09, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 195

Introduced  by  Assembly Member Wright

January 21, 1999

An act to amend Section 4016.5 of the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 195, Wright. Prisoners: local reimbursement.
Existing law requires the Department of Corrections to reimburse a city or county for costs incurred resulting from the detention of a state prisoner in various instances, including certain instances where the abstract of judgment has been completed and the department’s intake control unit has been notified that the prisoner is ready and the department is unable to accept delivery.
This bill would also require reimbursement if the detention is for any person sentenced to the state prison once the abstract of judgment as well as the probation and sentencing reports have been completed and the department’s intake control unit has been notified by the county that the prisoner is ready to be transported, but a physician has certified in writing and the department’s health care services division deputy director or his or her designee concurs that the person cannot be transported to the state prison as a result of his or her medical condition. The bill would provide that these provisions do not preclude a department physician from authorizing the transportation of the person based upon the medical assessment of the department physician after consultation with the attending physician.

The people of the State of California do enact as follows:


SECTION 1.

 Section 4016.5 of the Penal Code is amended to read:

4016.5.
 A city or county shall be reimbursed by the Department of Corrections for costs incurred resulting from the detention of a state prisoner, a person sentenced or referred to the state prison, or a parolee and from parole revocation proceedings when the detention meets any of the following conditions:
(a) The detention relates to a violation of the conditions of parole or the rules and regulations of the Director of Corrections and does not relate to a new criminal charge.
(b) The detention is pursuant to (1) an order of the Board of Prison Terms under the authority granted by Section 3060, or (2) an order of the Governor under the authority granted by Section 3062 or (3) an exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5.
(c) Security services and facilities are provided for hearings which are conducted by the Board of Prison Terms to revoke parole.
(d) (1) The detention results from a new commitment, or a referral pursuant to Section 1203.03, once the abstract of judgment has been completed, the department’s intake control unit has been notified by the county that the prisoner is ready to be transported pursuant to Section 1216, and the department is unable to accept delivery of the prisoner. The reimbursement shall be provided for each day starting on the day following the fifth working day after the date of notification by the county, if the prisoner remains ready to be delivered and the department is unable to receive the prisoner. If a county delivers or attempts to deliver a person to the department without the prior notification required by this paragraph, the date of the delivery or attempted delivery shall be recognized as the notification date pursuant to this paragraph. The notification and verification required by the county for prisoners ready to be transported, and reimbursement provided to the county for prisoners that the department is unable to receive, shall be made pursuant to procedures established by the department.
(2) (A) The detention is for any person sentenced to the state prison once the abstract of judgment as well as the probation and sentencing reports have been completed and the department’s intake control unit has been notified by the county that the prisoner is ready to be transported pursuant to Section 1216, but a physician has certified in writing and the department’s health care services division deputy director or his or her designee concurs that the person cannot be transported to the state prison as a result of his or her medical condition. Nothing in this section shall preclude a department physician from authorizing the transportation of the person based on the medical assessment of the department physician after consultation with the attending physician. The department shall monitor all medical services provided by the county to ensure the health care services are consistent with treatment guidelines and comply with the department’s Medical Standards of Care. The reimbursement shall be provided for each day starting on the day following the fifth working day after the date of notification by the county, if the prisoner continues to be unable to be transported due to his or her medical condition. The notification and verification required from the county for prisoners medically unable to be transported, and reimbursement provided to the county for prisoners that remain unable to be transported after the notification period, shall be made pursuant to procedures established by the department.
(B) The reimbursement provided pursuant to paragraph (A) for medical costs incurred by counties shall be no greater than the average reimbursement that would be allowable for comparable medical services pursuant to the department’s current hospital contracts.
(C) It is the intent of the Legislature that any person sentenced to state prison who is unable to be transported due to his or her medical condition be transported by the county in which the person is located, to a location specified by the department, as soon as the person’s attending physician in concurrence with the department’s health care services division deputy director or his or her designee testifies that the person is stable for transport.
A city or county shall be reimbursed by the department from funds appropriated in Item 5240-101-0001 of the annual Budget Act for costs incurred pursuant to subdivisions (a), (b), and (c) and from funds appropriated in Item 5240-001-0001 of that act for costs incurred pursuant to subdivision (d).
The reimbursement required by this section shall be expended for maintenance, upkeep, and improvement of jail conditions, facilities, and services. Before the county is reimbursed by the department, the total amount of all charges against that county authorized by law for services rendered by the department shall be first deducted from the gross amount of reimbursement authorized by this section. The net reimbursement shall be calculated and paid monthly by the department. The department shall withhold all or part of the net reimbursement to a county whose jail facility or facilities do not conform to minimum standards for local detention facilities as authorized by Section 6030 only if the county is failing to make reasonable efforts to correct differences, with consideration given to the resources available for those purposes.
“Costs incurred resulting from the detention,” as used in this section, shall include the same cost factors as are utilized by the Department of Corrections in determining the cost of prisoner care in state correctional facilities.