BILL NUMBER: SBX4 31INTRODUCED BILL TEXT INTRODUCED BY Senator Dutton JULY 16, 2009 An act to add Section 2652.7 to the Penal Code, relating to prisoners. LEGISLATIVE COUNSEL'S DIGEST SB 31, as introduced, Dutton. Prisoners: medical care. Under existing law, the Department of Corrections and Rehabilitation is required to administer a constitutional level of medical care to inmates. Existing case law defines the minimum constitutional standard of medical care as commensurate with modern medical science and of a quality acceptable within prudent professional standards. This bill provides that the Department of Corrections and Rehabilitation provide inmates with medical care that meets the community standard of care, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. 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. The Legislature recognizes that inmates confined in the state correctional system are entitled to medical care that meets the community standard of care. The Legislature also recognizes that it has the responsibility to define that standard in a way that allows the Department of Corrections and Rehabilitation to administer its medical programs in a cost-effective manner. SEC. 2. Section 2652.7 is added to the Penal Code, to read: 2652.7. The Department of Corrections and Rehabilitation shall provide inmates with medical care consistent with the community standard of care. For purposes of administering medical care, that standard is defined as the same standard of care provided to nonincarcerated persons through the state's Medi-Cal program. SEC. 3. This act addresses the fiscal emergency declared by the Governor by proclamation on July 1, 2009, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.