Man in Fresno County jail for refusing tuberculosis treatment was diagnosed while in custody elsewhere

FRESNO, Calif. (KFSN) -- The inmate who has tested positive for tuberculosis is being held in a special isolation cell that removes the risk to other patients. He is not being identified because of medical confidentiality laws.

Sheriff's department spokesman Chris Curtice did tell Action News he was already being held on other charges when diagnosed with the disease.

"He was in custody at another location. During that time during his stay at the other location it was determined he had tuberculosis, he started a treatment program, to my understanding. But failed to complete it and refused to cooperate any further at that point a Fresno County superior court judge issued a warrant for him and he was transported by our transportation unit to the Fresno County jail."

State law does not allow for a person who refused TB treatment to be held in a jail facility, unless they are already incarcerated.

Chris Schneider explained, "If someone is an inmate at the jail for whatever reason, they can be housed at the jail but you don't want to be taking people from the general population, that are sick and putting them in the jail."

Schneider of Central California Legal Services represented a woman who was arrested in 1999 for refusing TB treatment. She was ultimately released for having been illegally detained and sued the county for more than a million dollars. But that is significantly different from the current case.

County health officials are hoping the man in this case complies with further testing to determine if he actually has an active case of the disease.

"Eventually people decide they want the necessary tests and if they have the disease they want the necessary treatment," said Dr. Kenneth Bird. "It's very rare that they don't after explaining it to them."

Dr. Kenneth Bird, of the Fresno County Health Department says left untreated someone with TB has only a 50 50 chance of survival.

The unidentified inmate is expected to make a court appearance in early August.

This case comes as a Stockton man who tested positive for TB and refused treatment was arrested in Bakersfield. He was publicly identified because he was out in public and considered a threat to public health.