California · Government Code

GOV §26605.5: (a) The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to release from a county correctional facility f

Civil

What this law says, in plain English

This statute authorizes sheriffs to release severely incapacitated prisoners to medical facilities when a physician certifies they pose no threat to others, after notifying the court with specific information about the prisoner and medical condition.

Read the full statutory text
(a) The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to release from a county correctional facility for transfer to a medical facility or residential care facility, a prisoner whose physical condition, in the opinion of the examining physician, is such that he or she is rendered incapable of causing harm to others upon or after release from custody. Prior to authorizing the release, however, the sheriff shall first determine that all of the following conditions exist: (1) The prisoner, upon diagnosis by the examining physician, is deemed to be so severely physically incapacitated that he or she poses no threat to the safety of others. (2) The examining physician has no reasonable expectation that the prisoner’s physical condition will improve to the extent that he or she could pose a threat to the safety of others. (3) The prisoner’s medical needs would be better served in a medical facility or residence other than a county correctional facility. (b) Prior to the release of any prisoner pursuant to this section, the sheriff shall notify the presiding judge of the superior court of his or her intention to transfer a severely incapacitated prisoner to a medical facility or residence for the provision of medical care and other services. This notification shall include: (1) The prisoner’s name. (2) The offense or offenses for which the prisoner was incarcerated, if applicable, and the pending charges, if applicable. (3) The date of sentence, if applicable. (4) The physician’s diagnosis of the prisoner’s condition. (5) The physician’s prognosis for the prisoner’s recovery. (c) Nothing in this section shall be construed as authorizing the sheriff to refuse to receive and incarcerate a defendant or sentenced individual who is not in need of immediate medical care or who has a terminal medical condition.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.