Administration of Justice 07/30/2010
Medical Parole
SB 1399 (Leno) – Request for Comment
As Proposed to be Amended
Senate Bill 1399, by Senator Mark Leno, would establish a medical
parole program for physically or cognitively incapacitated state
prison inmates. According to information provided by the sponsor
– the federal healthcare receiver over the state’s medical and
mental health delivery systems – 32 inmates alone (who are either
in a California Department of Corrections and Rehabilitation
(CDCR) treatment bed or in an outside hospital) cost the state
$42.6 million annually. This figure includes costs for both
medical care and guarding.
CSAC – along with a number of county affiliates – continues to
work with the author’s office and sponsors of SB 1399, both of
whom appreciate and understand the county perspective on the
bill. There appears to be a joint commitment to ensure that a
medical parole program is designed in such a way as to avoid a
shift of the state’s expenses and responsibilities to county
governments. The measure is pending amendments that will: 1)
establish a process by which the CDCR shall work with the federal
government to seek Medi-Cal coverage for medical parolees; and,
2) specify that counties shall be reimbursed on a quarterly basis
for the non-federal share of Medi-Cal coverage. Further, if the
medical parolee is found ineligible for Medi-Cal, SB 1399 would
specify that the medical parolee’s medical needs are the
responsibility of the state.
The amendments are not currently in print, but CSAC staff has
been given a mock-up version of the proposed changes. To receive
a copy of the amendments, please contact Rosemary Lamb at
rlamb@counties.org.
SB 1399 will be heard in the Assembly Appropriations Committee on
August 4, 2010.
Alternative Custody
SB 1266 (Liu) – Request for Comment
As Amended on May 19, 2010
Senate Bill 1266, by Senator Carol Liu, would establish an
alternative custody program made available on a voluntary basis
to female inmates, including those who are pregnant or who,
immediately prior to incarceration, were the primary caregivers
to dependent children. It is anticipated that up to 5,000 female
inmates would be eligible for participation. The bill identifies
some criteria – including the presence of serious, violent, or
sex-related offenses in the criminal background; a history of
escaping from a detention facility; or a risk to commit a violent
offense – that would preclude participation in this program.
CSAC – along with a number of county affiliates – continues to
engage with the author’s office to ensure that this measure is
designed and implemented in a manner that does not shift costs
for this specified group of offenders to counties for the time
period that they would have otherwise been detained by the state.
Recent amendments articulate the author’s intent to avoid
transferring the state’s costs to local governments. The author’s
office appears very sensitive to local impacts and has committed
to working with counties as the bill moves forward. We are
currently seeking additional clarifications to the May 19 version
of the measure related to dental coverage. CSAC strongly
encourages counties to review SB 1266 and provide feedback as
soon as is practical to CSAC Administration of Justice staff.
SB 1266 is scheduled for a hearing in the Assembly Appropriations
Committee on August 4, 2010.
Vital Records
AB 1745 (Ammiano) – Support
As Amended on June 10, 2010
Assembly Bill 1745, by Assembly Member Tom Ammiano, would repeal
and recast Health and Safety Code Section 103692 relating to fees
associated with the disposition of human remains. The measure
would permit the local registrar of births and deaths to charge
an additional fee of up to eight dollars (a fee
currently capped at $11). The revenue collected through this fee
increase would be deposited into the county treasury and utilized
to support the disposition of the remains of indigent residents
of the county.
AB 1745 is sponsored by the City and County of San Francisco and
is currently awaiting action by the full Senate. CSAC is in
support of this measure.
County Recorders
AB 2618 (Nestande) – Chaptered
Chapter 44, Statutes of 2010
Assembly Bill 2618, by Assembly Member Brian Nestande, will
protect homeowners from real estate fraud by providing a
homeowner notice when the recording of a deed was completed on
their property.
Current law gives Los Angeles and Riverside counties the
authority to notify a homeowner anytime a deed is recorded –
within 30 days of the recordation – relating to their home. The
purpose of this notification is to prevent :1) instances in which
a person forges a homeowner’s signature and takes out a loan on
the individual’s property; and, 2) homeowners from being tricked
into signing a quitclaim deed for their property.
This measure extends the authority to notify a homeowner of a
deed recordation on their property to all 58 county recorders
upon the approval of the county board of supervisors. It is
important to note that Los Angeles County – pursuant to SB 1842
(Chapter 815, Statues of 1992) – may collect a fee of seven
dollars from the party filing the deed to cover the costs of
notifying the homeowner of the filing; however, when the
authority to notify homeowners was granted to Riverside County in
SB 1287 (Chapter 117, Statutes of 2008), it did not authorize
Riverside County to collect a fee. AB 2618 merely extends the
authority to notify homeowners of a deed recording to all
counties and does not authorize counties to impose a fee to cover
the costs of notification.
AB 2618 was signed into law by the Governor on July 6, 2010.