Bill Text: GA HB464 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Conditions of detention; certain medical costs; deductions from inmate account; modify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2009-04-21 - Effective Date [HB464 Detail]
Download: Georgia-2009-HB464-Comm_Sub.html
09 HB464/SCSFA/1
SENATE
SUBSTITUTE TO HB 464
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to modify
provisions relating to deductions from an inmate account to provide for the
payment of certain medication costs; to provide for definitions; to provide for
exceptions for payment of medication costs; to provide for related matters; to
amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to
responsibilities of a governmental unit with custody of an inmate generally,
costs of emergency and follow-up care, and access to medical services or
hospital care for inmates, so as to provide for requirements for hospitals that
provide emergency health care services to state
inmates;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by revising Code Section
42-5-55, relating to deductions from an inmate account for the payment of
certain damages and medical costs, limits on deductions, and fee for managing
inmate accounts, as follows:
"42-5-55.
(a)
As used in this Code section, the term:
(1)
'Chronic
illness’ means an illness requiring care and treatment over an extended
period of time. Chronic illness includes, but is not limited to, hypertension,
diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency
syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an
autoimmune disorder, and renal disease.
(2)
'Detention facility' means a state, county, or private correctional institution,
workcamp, or other state or county detention facility used for the detention of
persons convicted of a felony or a misdemeanor.
(2)(3)
'Inmate' means a person who is detained in a detention facility by reason of
being convicted of a felony or a misdemeanor.
(3)(4)
'Medical treatment' means each visit initiated by the inmate to an institutional
physician; physician's extender, including a physician's assistant or a nurse
practitioner; registered nurse; licensed practical nurse; medical assistant;
dentist; dental hygienist; optometrist; or psychiatrist for examination or
treatment.
(4)(5)
'Officer in charge' means the warden, captain, or superintendent having the
supervision of any detention facility.
(b)
The commissioner or, in the case of a county or private facility, the officer in
charge may establish by rules or regulations criteria for a reasonable deduction
from money credited to the account of an inmate to:
(1)
Repay the costs of:
(A)
Public property or private property in the case of an inmate housed in a private
correctional facility willfully damaged or destroyed by the inmate during his or
her incarceration;
(B)
Medical treatment
and
prescription medication for injuries
inflicted by the inmate upon himself or herself or others
unless the
inmate has a severe mental health designation as determined by the
department;
(C)
Searching for and apprehending the inmate when he or she escapes or attempts to
escape; such costs to be limited to those extraordinary costs incurred as a
consequence of the escape; or
(D)
Quelling any riot or other disturbance in which the inmate is unlawfully
involved; or
(2)
Defray the costs paid by the state or county
for:
(A)
Medical
medical
treatment for an inmate when the request for medical treatment has been
initiated by the
inmate;
and
(B)
Medication prescribed for the treatment of a medical condition unrelated to
pregnancy or a chronic
illness.
(c)
The provisions of paragraph (2) of subsection (b) of this Code section shall in
no way relieve the governmental unit, agency, or subdivision having physical
custody of an inmate from furnishing him or her with needed medical
treatment.
(d)
Notwithstanding any other provisions of this Code section, the deductions from
money credited to the account of an inmate as authorized under subsection (b) of
this Code section shall not be made whenever the balance in the inmate's account
is $10.00 or less.
(e)
The officer in charge of any detention facility is authorized to charge a fee
for establishing and managing inmate money accounts. Such fee shall not exceed
$1.00 per month."
SECTION
1A.
Code
Section 42-5-2 of the Official Code of Georgia Annotated, relating to
responsibilities of a governmental unit with custody of an inmate generally,
costs of emergency and follow-up care, and access to medical services or
hospital care for inmates, is amended by adding a new subsection to read as
follows:
"(c)
A hospital authority or hospital which is not a party to a contract with the
Georgia Department of Corrections or its agents on July 1, 2009, shall be
reimbursed no more than the applicable Georgia Medicaid rate for emergency
services provided to such state inmate. For purposes of this subsection, the
term 'state inmate' means any inmate for whom the Georgia Department of
Corrections shall be responsible for the payment of medical care thereof.
Nothing in this Code section shall prohibit the Georgia Department of
Corrections from negotiating higher fees or rates with health care providers.
It is the intent of the General Assembly that the Georgia Department of
Corrections or its agents enter into negotiations with health care providers to
contract for the provision of services as provided in this Code
section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
