BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

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          SB 1399 (Leno)                                             9
          As Amended April 14, 2010
          Hearing date: April 20, 2010
          Penal Code
          SM:dl

                                    MEDICAL PAROLE  

                                       HISTORY

          Source:Federal Prison Health Care Receiver

          Prior Legislation: AB 1539 (Krekorian) - Chap. 740, Stats. of  
          2007
                       AB 1946 (Steinberg) - vetoed; 2003-2004
                       AB 675 (Migden) - vetoed; 2001
                       AB 29 (Villaraigosa) - Ch. 751, Stats. of 1997

          Support:  California Catholic Conference; Crestwood Behavioral  
          Health, Inc.; Life
                           Support Alliance; Service International  
                    Employee's Union, Local 1000

          Opposition: California Hospital Association (unless amended);  
                    Taxpayers for 
                           Improving Public Safety; Crime Victims United  
                    of California



                                      KEY ISSUES
           
          SHOULD A PRISONER, EXCEPT AS SPECIFIED, WHO THE BOARD OF PAROLE  




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          HEARINGS (BPH) DETERMINES, BASED ON MEDICAL EVALUATIONS, MEETS  
          SPECIFIED MEDICAL CRITERIA AND COULD BE RELEASED WITHOUT  
          REASONABLY POSING A THREAT TO PUBLIC SAFETY BE GRANTED MEDICAL  
          PAROLE?
                                                                (CONTINUED)






          SHOULD THE DIVISION OF ADULT PAROLE OPERATIONS HAVE THE  
          AUTHORITY TO IMPOSE ANY REASONABLE CONDITIONS OF PAROLE ON  
          PRISONERS ON MEDICAL PAROLE, AND TO REQUIRE THE PAROLEE TO  
          SUBMIT TO AN EXAMINATION BY A PHYSICIAN TO DIAGNOSE THEIR  
          CURRENT MEDICAL CONDITION, SUBMIT A REPORT TO BPH; AND IF BPH  
          DETERMINES THAT THE PAROLEE'S MEDICAL CONDITION HAS  
          SUBSTANTIALLY IMPROVED AND THAT THE PERSON POSES A THREAT TO  
          PUBLIC SAFETY, SHOULD BPH BE AUTHORIZED TO REVOKE THE PAROLE?



                                       PURPOSE

          The purpose of this bill is to establish a medical parole  
          program, as specified.
                                          

           Existing law  provides that if the Secretary of the Department of  
          Corrections and Rehabilitation or the Board of Parole Hearings  
          or both determine that a prisoner is either: 

                     Terminally ill with an incurable condition caused by  
                 an illness or disease that would produce death within six  
                 months, as determined by a physician employed by the  
                 department; or 
                     The prisoner is permanently medically incapacitated  
                 with a medical condition that renders him or her  
                 permanently unable to perform activities of basic daily  
                 living, and results in the prisoner requiring 24-hour  















                 total care, including, but not limited to, coma,  
                 persistent vegetative state, brain death,  
                 ventilator-dependency, loss of control of muscular or  
                 neurological function, and that incapacitation did not  
                 exist at the time of the original sentencing;
                     And that the conditions under which the prisoner  
                 would be released or receive treatment do not pose a  
                 threat to public safety, 

          The secretary or the board may recommend to the court that the  
          prisoner's sentence be recalled and that the court shall have  
          the discretion to resentence or recall if the court finds that  
          the facts described above exist.  (Penal Code section 1170(e)(1)  
          and (e)(2).)

           Existing law  provides that the Board of Parole Hearings shall  
          make findings, as specified, before making a recommendation for  
          resentencing or recall to the court.  This subdivision does not  
          apply to a prisoner sentenced to death or a term of life without  
          the possibility of parole.  (Penal Code section (e)(2).  

           Existing law  provides that within 10 days of receipt of a  
          positive recommendation by the secretary or the board, the court  
          shall hold a hearing to consider whether the prisoner's sentence  
          should be recalled.  (Penal Code section (e)(3).)

           Existing law  provides that any physician employed by the  
          department who determines that a prisoner has six months or less  
          to live shall notify the chief medical officer of the prognosis.  
           If the chief medical officer concurs with the prognosis, he or  
          she shall notify the warden.  Within 48 hours of receiving  
          notification, the warden or the warden's representative shall  
          notify the prisoner of the recall and resentencing procedures,  
          and shall arrange for the prisoner to designate a family member  
          or other outside agent to be notified as to the prisoner's  
          medical condition and prognosis, and as to the recall and  
          resentencing procedures.  If the inmate is deemed mentally  
          unfit, the warden or the warden's representative shall contact  
          the inmate's emergency contact and provide the information  
          described above, as specified.  (Penal Code section (e)(4).)
















           Existing law  provides that the warden or the warden's  
          representative shall provide the prisoner and his or her family  
          member, agent, or emergency contact, updated information  
          throughout the recall and resentencing process with regard to  
          the prisoner's medical condition and the status of the  
          prisoner's recall and resentencing proceedings.  (Penal Code  
          section (e)(5).)

           Existing law  provides that the prisoner or his or her family  
          member or designee may independently request consideration for  
          recall and resentencing by contacting the chief medical officer  
          at the prison or the secretary.  Upon receipt of the request,  
          the chief medical officer and the warden or the warden's  
          representative shall follow the procedures described above.  If  
          the secretary determines that the prisoner satisfies the  
          criteria for sentencing recall described above, the secretary or  
          board may recommend to the court that the prisoner's sentence be  
          recalled.  The secretary shall submit a recommendation for  
          release within 30 days in the case of inmates sentenced to  
          determinate terms and, in the case of inmates sentenced to  
          indeterminate terms, the secretary shall make a recommendation  
          to the Board of Parole Hearings with respect to the inmates who  
          have applied under this section.  The board shall consider this  
          information and make an independent judgment of eligibility and  
          make findings related thereto before rejecting the request or  
          making a recommendation to the court.  This action shall be  
          taken at the next lawfully noticed board meeting.  (Penal Code  
          section (e)(6).)

           Existing law  provides that any recommendation for recall  
          submitted to the court by the secretary or the Board of Parole  
          Hearings shall include one or more medical evaluations, a  
          postrelease plan, and findings pursuant to paragraph (2).   
          (Penal Code section (e)(7).)

           Existing law  provides that, if possible, the matter shall be  
          heard before the same judge of the court who sentenced the  
          prisoner.
















           Existing law  provides that if the court grants the recall and  
          resentencing application, the prisoner shall be released by the  
          department within 48 hours of receipt of the court's order,  
          unless a longer time period is agreed to by the inmate.  At the  
          time of release, the warden or the warden's representative shall  
          ensure that the prisoner has each of the following in his or her  
          possession: a discharge medical summary, full medical records,  
          state identification, parole medications, and all property  
          belonging to the prisoner.  After discharge, any additional  
          records shall be sent to the prisoner's forwarding address.   
          (Penal Code section (e)(9).) 

           Existing law  provides that the secretary shall issue a directive  
          to medical and correctional staff employed by the department  
          that details the guidelines and procedures for initiating a  
          recall and resentencing procedure.  The directive shall clearly  
          state that any prisoner who is given a prognosis of six months  
          or less to live is eligible for recall and resentencing  
          consideration, and that recall and resentencing procedures shall  
          be initiated upon that prognosis.  (Penal Code section (e)(10).)

           This bill  would provide that, except as specified below, a  
          prisoner who the Board of Parole Hearings determines, based on  
          the results of the medical evaluations performed by the  
          Department of Corrections and Rehabilitation physicians, 

                 suffers from a significant and permanent condition,  
               disease, or syndrome resulting in the prisoner being  
               physically or cognitively debilitated or incapacitated and 
                 the conditions under which the prisoner would be  
               released would not reasonably pose a threat to public  
               safety shall be granted medical parole.

           This bill  would provide that this "medical parole" shall not  
          apply to:

                 any prisoner sentenced to death,
                 any prisoner sentenced to life in prison without  
               possibility of parole or 
                 any inmate who is serving a sentence for which medical  















               parole is prohibited by any initiative statute. 

           This bill  provides that medical parole placements and  
          revocations shall be made in accordance with the Victim's Bill  
          of Rights Act of 2008: Marsy's Law.

           This bill  provides that when a physician employed by the  
          Department of Corrections and Rehabilitation (CDCR) who is the  
          primary care provider for an inmate identifies an inmate that he  
          or she believes meets the criteria for medical parole, as  
          specified, the primary care physician shall recommend to the  
          chief medical officer of the institution where the prisoner is  
          located that the prisoner be referred to the Board of Parole  
          Hearings for consideration for medical parole.  Within 30 days  
          of receiving that recommendation the chief medical officer shall  
          make a determination of the prisoner's eligibility for medical  
          parole and, if he or she concurs in the recommendation of the  
          primary care physician, refer the matter to the Board of Parole  
          Hearings.  If the chief medical officer does not concur in the  
          recommendation, he or she shall provide the primary care  
          physician with a written explanation of the reasons for denying  
          the referral.

           This bill  would provide that the prisoner or his or her family  
          member or designee may independently request consideration for  
          medical parole by contacting the chief medical officer at the  
          prison or the secretary.  Within 30 days of receiving the  
          request, the chief medical officer shall, in consultation with  
          the prisoner's primary care physician, make a determination  
          whether the prisoner meets the criteria for medical parole as  
          specified, and, if the chief medical officer determines that the  
          prisoner does satisfy the specified criteria he or she shall  
          refer the matter to the Board of Parole Hearings.  If the chief  
          medical officer does not concur in the recommendation, he or she  
          shall provide the prisoner or his or her family member or  
          designee with a written explanation of the reasons for denying  
          the application.

           This bill  provides that upon receiving a recommendation from a  
          chief medical officer of the department for a prisoner to be  















          granted medical parole, the board, as specified, shall make an  
          independent judgment and make findings related thereto.  

           This bill  provides that medical parole hearings shall be  
          conducted by two-person panels consisting of at least one  
          commissioner.  In the event of a tie vote, the matter shall be  
          referred to the full board for a decision.

           This bill  provides that the Division of Adult Parole Operations  
          shall have the authority to impose any reasonable conditions on  
          prisoners subject to medical parole supervision, including, but  
          not limited to, the requirement that the parolee submit to  
          electronic monitoring.  As a further condition of medical parole  
          the parolee may be required to submit to an examination by a  
          physician for the purpose of diagnosing their current medical  
          condition.  In the event such an examination takes place, a  
          report of the examination and diagnosis shall be submitted to  
          the board by the examining physician.  If the board determines  
          that the person's medical condition has substantially improved  
          and that the person poses a threat to public safety, the board  
          may revoke the parole and return the person to the custody of  
          the department.

           This bill  would provide that a prisoner placed on medical parole  
          supervision prior to the earliest possible parole date that the  
          prisoner would otherwise have been released to parole under,  
          shall remain on medical parole, until that earliest possible  
          parole date, at which time the parolee shall commence serving  
          the normal period of parole that they would otherwise have been  
          subject to.

           This bill  requires the warden or warden's representative, along  
          with the appropriate medical or mental health care  
          representatives, at the time a prisoner is placed on medical  
          parole, to ensure that the prisoner has applied for any federal  
          entitlement programs for which the prisoner is eligible, and has  
          in his or her possession a discharge medical summary, full  
          medical records, parole medications, and all property belonging  
          to the prisoner that was under the control of the department.   
          Any additional records shall be sent to the prisoner's  















          forwarding address after release to health care-related parole  
          supervision.


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .
















               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  
               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  
               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010 ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  That appeal, and the final outcome of this litigation,  
          is not anticipated until later this year or 2011.

           This bill  does not appear to aggravate the prison overcrowding  
          ---------------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).















          crisis described above.


                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               Does it make sense for the state to pay for two  
               correctional officers to guard an inmate  
               24-hours-a-day as the inmate lies comatose or in a  
               permanent vegetative state in a hospital bed?  Does it  
               make sense for CDCR to become a long-term care  
               facility for inmates with, for example, end-stage  
               Alzheimer's disease, whose dementia is so severe they  
               no longer understand that they are in prison?   
               California is paying tens of millions of dollars every  
               year to incarcerate these very high-cost inmates.   
               These offenders were sent to prison to protect society  
               and to punish them for their crimes.  Because of their  
               medical condition, however, they are no longer a  
               threat and the ones being punished are the taxpayers.   


               California is not alone in facing this problem.   
               Across the country 36 states have implemented some  
               form of medical release to relieve them of the  
               crushing financial burden of keeping inmates in prison  
               whose medical condition has rendered their  
               incarceration no longer necessary.  In 1997,  
               California first authorized the Secretary of CDCR or  
               the Parole Board to recommend to the sentencing judge  
               that an inmate's sentence be recalled due to terminal  
               illness.  Ten years later that authority was extended  
               to cover cases of medical incapacitation.  However,  
               last year only two such releases were approved and we  
               continue to incarcerate inmates who could, by any  
               rational standard, be released without posing a threat  
               to the public.  
















               SB 1399 addresses some of the issues that have been  
               identified as problematic in the current law.  Rather  
               than requiring a sentence recall it creates an  
               alternative procedure that permits these inmates to be  
               placed on parole supervision under conditions  
               determined by the parole board, and allows the parole  
               to be revoked if for any reason the parolee's  
               condition changes and creates a danger to the public.
                
               This medical parole will place public safety paramount  
               and stop needlessly punishing the taxpayers.  

          2.  California's Most Expensive Inmates  

          In February 2006, the federal court in the Plata v.  
          Schwarzenegger case pertaining to inmate medical care, found  
          that California's delivery of health care to prison inmates  
          violates the U.S. Constitution and, as a result appointed a  
          Receiver to take over the direct management and operation of the  
          state's prison medical health care delivery system from the  
          CDCR.  

          Since the appointment of the Receiver, corrections health care  
          costs have risen sharply.  The Legislative analyst's office  
          reports that actual state spending on adult correctional health  
          care services grew from $1.2 billion in 2005-06 to $2.5 billion  
          in 2008-09, an average annual increase of 27 percent.   
          (  http://www.lao.ca.gov/handouts/crimjust/2010/Correctional_health 
          _care_03_18_10.pdf  )

          While there are undoubtedly many reasons for this, one large  
          cost driver is a relatively small number of high cost inmates  
          who require extensive medical treatment.  According to the  
          Receiver's office, 750 of California's sickest inmates have  
          annual medical bills ranging from $100,000 to $2.5 million each.  
           Of those 750, eliminating those inmates sentenced to death,  
          life without the possibility of parole, and those sentenced  
          under the Three Strikes law, leaves 429 of these most expensive  
          inmates.  The Receiver states that, of inmates requiring total  















          care for conditions such as total parenteral nutrition (fed  
          entirely through tubes), encephalophy-(brain swelling [fluid]),  
          malignant neoplasm-(cancer), ventilator dependent requiring  
          total care:

                 21 inmates are currently in outside hospitals at an  
               annual average cost of $1,973,252 million each.  Total  
               annual cost for these inmates is $41,438,292. 
                 11 inmates are within the CDCR system in a Correctional  
               Treatment Center bed at an annual average cost of $114,395  
               each.  Total annual cost for these inmates is $1,258,345 
                 The total cost for these 32 inmates alone is $42,696,637  
               million annually.

          The Receiver has provided the following examples of these high  
          cost inmates:  


                 Male in his 60's with diabetes, urinary tract  
               infections, hypertension, seizures, dementia, paralyzed  
               right side, with stroke.  Requires total 24 hour around the  
               clock nursing care, incapable of independent movement,  
               speech, bladder control.  Has been institutionalized for  
               more than 2 years in a long term care acute setting, since  
               CDCR has no unit that can deliver the acuity of nursing and  
               medical care he needs, at a cost of $350, 000 per year,  
                                                                        independent of guarding costs.  He has no capacity for  
               independent action.


                 Male in his 50's, with end stage lung disease, on a  
               ventilator, unable to exist off the ventilator.  He needs  
               24 hour nursing care at the long term acute hospital level  
               and has accrued over $500,000 in costs in the last 18  
               months.  Incapable of talking, swallowing, moving, bladder  
               control, eating, very little apparent cognitive function.


                 Male in his 60's, with end stage cardiac disease,  
               diabetes, hypertension, gangrenous legs, poor circulation,  















               multiple cardiac arrests, very long lengths of stay in  
               hospitals, too weak to exist outside of a skilled nursing  
               setting, has accrued over $1,000,000 per year, and a total  
               cost of close to $1.8 million dollars.  Could be paroled to  
               a skilled nursing facility, not capable of independent  
               activity, movement, very cognitively impaired. 


          In addition to the costs of medical care for the sickest inmates  
          who are cared for in outside hospitals, the cost of keeping them  
          in prison includes the cost of providing two correctional  
          officers to guard them 24-hours a day.  

          On April 7, 2010, the Sacramento Bee reported:


               Guard care costly


               Eliminating 24-hour guard care at health facilities  
               outside prisons also could potentially save millions.


               A state audit last year found that between 2003 and  
               2008, medical guard time accounted for 24 percent of  
               the prison system's guard overtime - an increase of  
               nearly $66 million. 


               In 2008, prison records showed that one inmate in Kern  
               County left in a vegetative state after being  
               assaulted in prison was guarded by two round-the-clock  
               correctional officers at an outside nursing facility  
               at a rate of $2,317 a day.


               The job of watching over inmate Jackson Phaysaleum,  
               24, was considered overtime because it was not  
               budgeted for guards, officials said in 2008.

















               The guards' time added up to more than $410,000 during  
               a period of less than six months through May 2008 -  
               almost as much as the $421,000 in medical care  
               Phaysaleum received during that time frame.


               Phaysaleum is still alive and is six years into a  
               46-years-to-life sentence for killing two men in a  
               drug-turf dispute. However, he was transferred back to  
               Kern Valley State Prison's health center in late 2008,  
               an official there said.


          ( http://www.sacbee.com/2010/03/28/2638467/watchdog-proposes-medic 
          al-parole.html#ixzz0kRWTOe9R  )

          DOES CONTINUING TO INCARCERATE THESE INMATES SERVE ANY  
          LEGITIMATE PENALOGICAL PURPOSE?

          WOULD ALLOWING THESE INMATES TO BE PLACED ON MEDICAL PAROLE  
          RESULT IN SUBSTANTIAL SAVINGS FOR THE STATE?  

          WOULD ALLOWING THESE INMATES TO BE PLACED ON MEDICAL PAROLE OPEN  
          UP HEALTH CARE RESOURCES FOR THOSE INMATES WHO DO NEED TO BE  
          INCARCERATED?






























          3.  Previous Attempts to Address This Issue  

          California is not alone in facing the cost burden of inmates  
          requiring extensive medical treatment.  In 2008, USA Today  
          reported that 36 states have some form of medical release  
          program.  (36 States Release Ill Or Dying Inmates, Marty Roney,  
          USA TODAY, August 14, 2008,  
           http://www.usatoday.com/news/nation/2008-08-13-furloughs_N.htm  )   


          Nor is this the first time California has attempted to address  
          this issue.  In 2007, AB 1539 (Krekorian) was enacted (Chap.  
          740, Stats. of 2007), which is now found at section 1170(e) of  
          the Penal Code.  That statute establishes a procedure for  
          inmates who are "permanently medically incapacitated," as  
          defined, to seek a recommendation from the CDCR secretary or  
          from the Board of Parole Hearings to seek a sentencing recall  
          from the original sentencing judge, based on the inmate's  
          medical condition.  In the years following the enactment of AB  
          1539, releases on medical grounds have not increased.  Last  
          year, two inmates had their sentences recalled pursuant to the  
          procedure established in AB 1539.  

          In conversations with numerous CDCR employees, Committee staff  
          has learned that there are likely several reasons for this.  One  
          difficulty with the existing law is the definition of who  
          qualifies.  In addition to finding that the conditions under  
          which the prisoner would be released or receive treatment do not  
          pose a threat to public safety under the current law, the CDCR  
          or the Board or both have to find the prisoner is either  
          terminally ill with less than six months to live or

                 permanently medically incapacitated
                 with a medical condition that renders him or her  
               permanently unable to perform activities of basic daily  
               living, and 
                 results in the prisoner requiring 24-hour total care,  
               including, but not limited to, coma, persistent vegetative  
               state, brain death, ventilator-dependency, loss of control  




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               of muscular or neurological function, and 
                 that incapacitation did not exist at the time of the  
               original sentencing.









































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          Physicians report that this definition is very difficult to  
          apply.  For example, it is not clear how many activities of  
          daily living the inmate needs to be unable to perform or whether  
          certain activities are more significant than others.  When a  
          CDCR primary care physician does find that a prisoner appears to  
          qualify under these provisions, that evaluation is then  
          subjected to several layers of administrative review before it  
          is even submitted to the secretary for his or her approval.  At  
          each layer of administrative review the application may be  
          denied without explanation, leaving those who have previously  
          approved the application in doubt as to how to properly review  
          the next application.  Any application that does gain approval  
          from CDCR is then turned over to the Board of Parole Hearings  
          for a second review of whether the inmate's release would pose a  
          threat to public safety.  If the application survives this far,  
          the secretary then, in turn, must submit the matter to the  
          sentencing judge to consider recalling the inmate's sentence and  
          imposing a new sentence.  

          The end result, in the event a case is approved, is that the  
          inmate will be resentenced and will therefore be completely  
          released from CDCR's control.  While some inmates may remain on  
          parole for a period of time following resentencing (were the  
          court to, e.g., resentence the inmate to a determinate term of  
          however much time they have served to date), that parole would  
          eventually terminate and there would be no way to return the  
          inmate to prison if their condition were to improve.  While it  
          is extremely unlikely that an inmate that qualifies for  
          sentencing recall under section 1170(e) would recover, neither  
          physicians, CDCR administrators, or judges want to be in a  
          position to say this could never happen.  This creates another  
          significant inhibiting factor even in the most egregious cases.   
          This very fact was cited as grounds for a veto the first time  
          this approach was proposed (AB 1946 (Steinberg), of the 2003-04  
          Legislative session) and would appear to act as an inhibiting  
          factor for the numerous decision-makers all the way through the  
          application process.






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          Under this bill medical parole would be granted where an inmate:

                 suffers from a significant and permanent condition,  
               disease, or syndrome resulting in the prisoner being  
               physically or cognitively debilitated or incapacitated and 
                 the conditions under which the prisoner would be  
               released would not pose a threat to public safety 

          The initial medical evaluation would be made by the inmate's  
          primary care physician, and that evaluation would need to be  
          concurred in by the chief medical officer for the prison.  The  
          application would then be sent to the BPH for its determination  
          as to whether the inmate could be released without reasonably  
          posing a threat to public safety.  The Board would be required  
          to meet all the provisions of Marsy's Law in relation to the  
          rights of victims in the parole process.  

          One significant difference between this bill and the current law  
          is that the end result would be that the inmate remains on  
          parole and would be subject to whatever conditions of parole the  
          parole board feels are appropriate to monitor the parolee,  
          including, for example, electronic monitoring.  This bill also  
          would permit the parole board require the parolee to submit to  
          an examination by a physician for the purpose of diagnosing  
          their current medical condition.  The examining physician would  
          then send a report of the examination and diagnosis to the  
          board.  If the board determines that the person's medical  
          condition has substantially improved and that the person poses a  
          threat to public safety, the board may revoke the parole and  
          return the person to the custody of the department. 

          SHOULD INMATES WHOSE MEDICAL CONDITION HAS RENDERED THEM  
          HARMLESS TO THE PUBLIC BE PAROLED TO RECEIVE THEIR MEDICAL CARE  
          OUTSIDE OF PRISON?

          WHAT ARE THE OBSTACLES THAT HAVE PREVENTED THESE INMATES FROM  
          BEING RELEASED IN THE PAST?





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          WILL MORE OF THESE INMATES BE PAROLED UNDER A SYSTEM WHERE THERE  
          IS A MECHANISM TO CONTINUE TO MONITOR THE PAROLEE'S CONDITION  
          AND RETURN THEM TO PRISON IF THEY WERE EVER TO BECOME A RISK TO  
          PUBLIC SAFETY?


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