California 2025-2026 Regular Session

California Assembly Bill AB1269 Latest Draft

Bill / Amended Version Filed 03/28/2025

                            Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1269Introduced by Assembly Member BryanFebruary 21, 2025 An act to add Section 4032.5 to the Penal Code, relating to county and city jails.LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Bryan. County and city jails: incarcerated person contacts. Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.This bill bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4032.5 is added to the Penal Code, to read:4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1269Introduced by Assembly Member BryanFebruary 21, 2025 An act to add Section 4032.5 to the Penal Code, relating to county and city jails.LEGISLATIVE COUNSEL'S DIGESTAB 1269, as amended, Bryan. County and city jails: incarcerated person contacts. Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.This bill bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Assembly  March 28, 2025

Amended IN  Assembly  March 28, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 1269

Introduced by Assembly Member BryanFebruary 21, 2025

Introduced by Assembly Member Bryan
February 21, 2025

 An act to add Section 4032.5 to the Penal Code, relating to county and city jails.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1269, as amended, Bryan. County and city jails: incarcerated person contacts. 

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.This bill bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4032.5 is added to the Penal Code, to read:4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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

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

SECTION 1. Section 4032.5 is added to the Penal Code, to read:4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.

SECTION 1. Section 4032.5 is added to the Penal Code, to read:

### SECTION 1.

4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.

4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.

4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.(3) The incarcerated person has been admitted to a public or community hospital.(b)(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.



4032.5. (a) Within This section shall be known, and may be cited, as Wakieshas Law.

(b) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail shall inform all people 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 people if the incarcerated person consents. A serious or critical medical condition may include any of the following:

(1) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease.

(2) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment.

(3) The incarcerated person has been admitted to a public or community hospital.

(b)



(c) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and next of kin form within 24 hours.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

### SEC. 2.