California 2021-2022 Regular Session

California Senate Bill SB1139 Compare Versions

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1-Senate Bill No. 1139 CHAPTER 837 An act to add Sections 5007.6, 6401, 6401.5, and 6401.8 to the Penal Code, relating to prisons. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1139, Kamlager. Prisons: visitation.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department. This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5007.6 is added to the Penal Code, to read:5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.SEC. 2. Section 6401 is added to the Penal Code, to read:6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.SEC. 3. Section 6401.5 is added to the Penal Code, to read:6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.SEC. 4. Section 6401.8 is added to the Penal Code, to read:6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
1+Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 23, 2022 Amended IN Assembly August 15, 2022 Amended IN Assembly June 09, 2022 Amended IN Senate May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1139Introduced by Senator KamlagerFebruary 16, 2022 An act to add Sections 5007.6, 6401, 6401.5, and 6401.8 to the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTSB 1139, Kamlager. Prisons: visitation.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department. This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5007.6 is added to the Penal Code, to read:5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.SEC. 2. Section 6401 is added to the Penal Code, to read:6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.SEC. 3. Section 6401.5 is added to the Penal Code, to read:6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.SEC. 4. Section 6401.8 is added to the Penal Code, to read:6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
22
3- Senate Bill No. 1139 CHAPTER 837 An act to add Sections 5007.6, 6401, 6401.5, and 6401.8 to the Penal Code, relating to prisons. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1139, Kamlager. Prisons: visitation.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department. This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 23, 2022 Amended IN Assembly August 15, 2022 Amended IN Assembly June 09, 2022 Amended IN Senate May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1139Introduced by Senator KamlagerFebruary 16, 2022 An act to add Sections 5007.6, 6401, 6401.5, and 6401.8 to the Penal Code, relating to prisons. LEGISLATIVE COUNSEL'S DIGESTSB 1139, Kamlager. Prisons: visitation.Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department. This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Senate Bill No. 1139 CHAPTER 837
5+ Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 23, 2022 Amended IN Assembly August 15, 2022 Amended IN Assembly June 09, 2022 Amended IN Senate May 19, 2022
66
7- Senate Bill No. 1139
7+Enrolled September 01, 2022
8+Passed IN Senate August 30, 2022
9+Passed IN Assembly August 23, 2022
10+Amended IN Assembly August 15, 2022
11+Amended IN Assembly June 09, 2022
12+Amended IN Senate May 19, 2022
813
9- CHAPTER 837
14+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
15+
16+ Senate Bill
17+
18+No. 1139
19+
20+Introduced by Senator KamlagerFebruary 16, 2022
21+
22+Introduced by Senator Kamlager
23+February 16, 2022
1024
1125 An act to add Sections 5007.6, 6401, 6401.5, and 6401.8 to the Penal Code, relating to prisons.
12-
13- [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 SB 1139, Kamlager. Prisons: visitation.
2032
2133 Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department. This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements.
2234
2335 Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons. Existing law authorizes the department to provide medical care to incarcerated persons and to develop polices and regulations on visitation. Existing regulations establish the framework by which incarcerated persons in prison receive medical treatment and visitors and make personal calls.
2436
2537 Existing regulations allow an incarcerated person to designate, on forms provided by the department, an individual to receive an inmates health information or records, a next of kin or person to be notified in case of their death, serious injury, or serious illness, and persons on the incarcerated persons approved visitor list. Existing regulations require the incarcerated person to send to the potential visitor a visitor questionnaire for the departments approval. Existing law allows an individual with capacity to execute a power of attorney for health care, giving the agent authority to make health care decisions.
2638
2739 This bill, upon appropriation by the Legislature, would require the department to allow persons outside of a department facility to initiate a telephone call with an incarcerated person when the person has been admitted to the hospital for a serious or critical medical condition and to inform the department when a family member or designated person has become critically ill or dies while the incarcerated has been hospitalized. The bill would require the department to assist an incarcerated person in completing an approved visitor list, medical release of information form, medical power of attorney form, and next of kin form, and to allow the incarcerated person to update those forms within 24 hours of being hospitalized, as provided. The bill would require the department, within 24 hours of an incarcerated person being hospitalized, as specified, to inform persons covered by the medical release of information form of the incarcerated persons health status. The bill would require the department to make emergency in-person contact visits and video calls available whenever an incarcerated person is hospitalized due to a serious or critical medical condition.
2840
2941 Existing law allows a patient to inspect the patients medical records upon request for those records to the health care provider and payment of reasonable costs.
3042
3143 This bill would prohibit the secretary from charging a fee for an incarcerated person to request, review, or use their medical records.
3244
3345 Under existing regulations, an inmate may file a healthcare-related grievance through an administrative process established by the department.
3446
3547 This bill, upon appropriation by the Legislature, would require the department to have a grievance process in place by which an incarcerated person or designated person may file a formal grievance to review the failure of the department to provide health care information to specified persons, to provide notice of an incarcerated persons hospitalization to specified persons, to provide visitation during hospitalization, or to provide medical care and treatment, as specified. The bill would specify that the grievance process found in specified regulations satisfies these requirements.
3648
3749 ## Digest Key
3850
3951 ## Bill Text
4052
4153 The people of the State of California do enact as follows:SECTION 1. Section 5007.6 is added to the Penal Code, to read:5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.SEC. 2. Section 6401 is added to the Penal Code, to read:6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.SEC. 3. Section 6401.5 is added to the Penal Code, to read:6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.SEC. 4. Section 6401.8 is added to the Penal Code, to read:6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
4254
4355 The people of the State of California do enact as follows:
4456
4557 ## The people of the State of California do enact as follows:
4658
4759 SECTION 1. Section 5007.6 is added to the Penal Code, to read:5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
4860
4961 SECTION 1. Section 5007.6 is added to the Penal Code, to read:
5062
5163 ### SECTION 1.
5264
5365 5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
5466
5567 5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
5668
5769 5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
5870
5971
6072
6173 5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
6274
6375 SEC. 2. Section 6401 is added to the Penal Code, to read:6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.
6476
6577 SEC. 2. Section 6401 is added to the Penal Code, to read:
6678
6779 ### SEC. 2.
6880
6981 6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.
7082
7183 6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.
7284
7385 6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:(A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.(B) Medical release of information form.(C) Medical power of attorney form.(D) Next of kin form authorizing control over body and possessions in case of death.(2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).(b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).(1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).(A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:(i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(iii) The incarcerated person has been admitted to a public or community hospital.(B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.(C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.(2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.(c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.
7486
7587
7688
7789 6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:
7890
7991 (A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility.
8092
8193 (B) Medical release of information form.
8294
8395 (C) Medical power of attorney form.
8496
8597 (D) Next of kin form authorizing control over body and possessions in case of death.
8698
8799 (2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1).
88100
89101 (b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2).
90102
91103 (1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A).
92104
93105 (A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated persons health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:
94106
95107 (i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.
96108
97109 (ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.
98110
99111 (iii) The incarcerated person has been admitted to a public or community hospital.
100112
101113 (B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours.
102114
103115 (C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated persons condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested.
104116
105117 (2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt.
106118
107119 (c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patients current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person.
108120
109121 (d) For purposes of this section, hospital shall include an on-site facility set up to provide hospital-like services during a public health emergency.
110122
111123 SEC. 3. Section 6401.5 is added to the Penal Code, to read:6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.
112124
113125 SEC. 3. Section 6401.5 is added to the Penal Code, to read:
114126
115127 ### SEC. 3.
116128
117129 6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.
118130
119131 6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.
120132
121133 6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.
122134
123135
124136
125137 6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated persons health care information and records to the designated person, the departments failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the departments failure to provide adequate medical care and treatment. The departments grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section.
126138
127139 SEC. 4. Section 6401.8 is added to the Penal Code, to read:6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
128140
129141 SEC. 4. Section 6401.8 is added to the Penal Code, to read:
130142
131143 ### SEC. 4.
132144
133145 6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
134146
135147 6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
136148
137149 6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.
138150
139151
140152
141153 6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute.