AB 68, as amended, Maienschein. Parole.
Existing law provides that the Board of Parole Hearings or its successor in interest shall be the state’s parole authority. Existing law provides that, except as specified, a prisoner who is found to be permanently medically incapacitated, as specified, shall be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. Existing law requires a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner to recommend that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole if the physician believes the prisoner meets the medical criteria for medical parole.
This bill would require the Department of Corrections and
Rehabilitation to give notice of any medical parole hearing and any medical parole release to
begin delete bothend delete the county of commitment and the county of proposed release, at least 30 days prior to a medical parole hearing or a medical parole release. This bill would require that the notice include pertinent information regarding the inmate, including his or her plan for residency and medical care.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3550 of the Penal Code is amended to
(a) Notwithstanding any other provision of law, except
4as provided in subdivision (b), any prisoner who the head physician
5of the institution where the prisoner is located determines, as
6provided in this section, is permanently medically incapacitated
7with a medical condition that renders him or her permanently
8unable to perform activities of basic daily living, and results in the
9prisoner requiring 24-hour care, and that incapacitation did not
10exist at the time of sentencing, shall be granted medical parole if
11the Board of Parole Hearings determines that the conditions under
12which the prisoner would be released would not reasonably pose
13a threat to public safety.
14(b) Subdivision (a) shall
not apply to any prisoner sentenced to
15death or life in prison without possibility of parole or to any inmate
16who is serving a sentence for which parole, pursuant to subdivision
17(a), is prohibited by any initiative statute. The provisions of this
18section shall not be construed to alter or diminish the rights
19conferred under the Victim’s Bill of Rights Act of 2008: Marsy’s
21(c) When a physician employed by the Department of
22Corrections and Rehabilitation who is the primary care provider
23for an inmate identifies an inmate that he or she believes meets
24the medical criteria for medical parole specified in subdivision (a),
25the primary care physician shall recommend to the head physician
26of the institution where the prisoner is located that the prisoner be
27referred to the Board of Parole Hearings for consideration for
28medical parole. Within 30 days of receiving that recommendation,
29if the head physician of the institution concurs in the
30recommendation of the primary care physician, he or she shall
31refer the matter to the Board of Parole Hearings using a
32standardized form and format developed by the department, and
33if the head physician of the institution does not concur in the
34recommendation, he or she shall provide the primary care physician
35with a written explanation of the reasons for denying the referral.
P3 1(d) Notwithstanding any other provisions of this section, the
2prisoner or his or her family member or designee may
3independently request consideration for medical parole by
4contacting the head physician at the prison or the department.
5Within 30 days of receiving the request, the head physician of the
6institution shall, in consultation with the prisoner’s primary care
7physician, make a determination regarding whether the prisoner
8meets the criteria for medical parole as specified in subdivision
9(a) and, if the head physician of the institution determines that the
10prisoner satisfies the criteria set forth in subdivision (a), he or she
11shall refer the matter to the Board of Parole Hearings using a
12standardized form and format developed by the department. If the
13head physician of the institution does not concur in the
14recommendation, he or she shall provide the prisoner or his or her
15family member or designee with a written explanation of the
16reasons for denying the application.
17(e) The Department of Corrections and Rehabilitation shall
18complete parole plans for inmates referred to the Board of Parole
19Hearings for medical parole consideration. The parole plans shall
20include, but not be limited to, the inmate’s plan for residency and
22(f) Notwithstanding any other law, medical parole hearings shall
23be conducted by two-person panels consisting of at least one
24commissioner. In the event of a tie vote, the matter shall be referred
25to the full board for a decision. Medical parole hearings may be
26heard in absentia.
27(g) Upon receiving a recommendation from the head physician
28of the institution where a prisoner is located for the prisoner to be
29granted medical parole pursuant to subdivision (c) or (d), the board,
30as specified in subdivision (f), shall make an independent judgment
31regarding whether the conditions under which the inmate would
32be released pose a reasonable threat to public safety, and make
33written findings related thereto.
34(h) Notwithstanding any other provision of law, the board or
35the Division of Adult Parole Operations shall have the authority
36to impose any reasonable conditions on prisoners subject to medical
37parole supervision pursuant to subdivision (a), including, but not
38limited to, the requirement that the parolee submit to electronic
39monitoring. As a further condition of medical parole, pursuant to
40subdivision (a), the parolee may be required to submit to an
P4 1examination by a physician selected by the board for the purpose
2of diagnosing the parolee’s current medical condition. In the event
3such an examination takes place, a report of the examination and
4diagnosis shall be submitted to the board by the examining
5physician. If the board determines, based on that medical
6examination, that the person’s medical condition has improved to
7the extent that the person no longer qualifies for medical parole,
8the board shall return the person to the custody of the department.
9(1) Notwithstanding any other provision of law establishing
10maximum periods for parole, a prisoner sentenced to a determinate
11term who is placed on medical parole supervision prior to the
12earliest possible release date and who remains eligible for medical
13parole, shall remain on medical parole, pursuant to subdivision
14(a), until that earliest possible release date, at which time the
15parolee shall commence serving that period of parole provided by,
16and under the provisions of, Chapter 8 (commencing with Section
173000) of Title 1.
18(2) Notwithstanding any other provisions of law establishing
19maximum periods for parole, a prisoner sentenced to an
20indeterminate term who is placed on medical parole supervision
21prior to the prisoner’s minimum eligible parole date, and who
22remains eligible for medical parole, shall remain on medical parole
23pursuant to subdivision (a) until that minimum eligible parole date,
24at which time the parolee shall be eligible for parole consideration
25under all other provisions of Chapter 8 (commencing with Section
263000) of Title 1.
27(i) The Department of Corrections and Rehabilitation shall, at
28the time a prisoner is placed on medical parole supervision pursuant
29to subdivision (a), ensure that the prisoner has applied for any
30federal entitlement programs for which the prisoner is eligible,
31and has in his or her possession a discharge medical summary, full
32medical records, parole medications, and all property belonging
33to the prisoner that was under the control of the department. Any
34additional records shall be sent to the prisoner’s forwarding address
35after release to health care-related parole supervision.
36(j) The provisions for medical parole set forth in this title shall
37not affect an inmate’s eligibility for any other form of parole or
38release provided by law.
39(k) Notwithstanding any other provision of law, the Department
40of Corrections and Rehabilitation shall give notice to the county
P5 1of commitment and the county of proposed release of any medical parole
4hearing as described in subdivision (f), and of any medical parole
5release as described in subdivision (g), according to the following:
6(1) Notice shall be made at least 30 days prior to the time any
7medical parole hearing or medical parole release is scheduled for
8an inmate receiving medical parole consideration, regardless of
9whether the inmate is sentenced either determinately or
11(2) Notice shall include all relevant and pertinent information
12about the inmate, including his or her name, criminal history,
13medical and behavioral health needs, plan for residency and
14medical care as described in subdivision (e), and any skilled
15nursing facility location.