Amended in Assembly February 26, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 68

Introduced by Assembly Member Maienschein

January 9, 2013

An act to amend Section 3550 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

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 both end delete the county of commitment begin insert , the county of last legal residence, end insert 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 1.  

Section 3550 of the Penal Code is amended to
read:

3550.  

(a) Notwithstanding any other provision of law, except
as provided in subdivision (b), any prisoner who the head physician
of the institution where the prisoner is located determines, as
provided in this section, 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 care, and that incapacitation did not
exist at the time of sentencing, 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.

(b) Subdivision (a) shall not apply to any prisoner sentenced to
death or life in prison without possibility of parole or to any inmate
who is serving a sentence for which parole, pursuant to subdivision
(a), is prohibited by any initiative statute. The provisions of this
section shall not be construed to alter or diminish the rights
conferred under the Victim’s Bill of Rights Act of 2008: Marsy’s
Law.

(c) When a physician employed by the Department of
Corrections and Rehabilitation who is the primary care provider
for an inmate identifies an inmate that he or she believes meets
the medical criteria for medical parole specified in subdivision (a),
the primary care physician shall recommend to the head physician
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,
if the head physician of the institution concurs in the
recommendation of the primary care physician, he or she shall
refer the matter to the Board of Parole Hearings using a
standardized form and format developed by the department, and
if the head physician of the institution 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.

(d) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may
independently request consideration for medical parole by
contacting the head physician at the prison or the department.
Within 30 days of receiving the request, the head physician of the
institution shall, in consultation with the prisoner’s primary care
physician, make a determination regarding whether the prisoner
meets the criteria for medical parole as specified in subdivision
(a) and, if the head physician of the institution determines that the
prisoner satisfies the criteria set forth in subdivision (a), he or she
shall refer the matter to the Board of Parole Hearings using a
standardized form and format developed by the department. If the
head physician of the institution 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.

(e) The Department of Corrections and Rehabilitation shall
complete parole plans for inmates referred to the Board of Parole
Hearings for medical parole consideration. The parole plans shall
include, but not be limited to, the inmate’s plan for residency and
medical care.

(f) Notwithstanding any other law, 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. Medical parole hearings may be
heard in absentia.

(g) Upon receiving a recommendation from the head physician
of the institution where a prisoner is located for the prisoner to be
granted medical parole pursuant to subdivision (c) or (d), the board,
as specified in subdivision (f), shall make an independent judgment
regarding whether the conditions under which the inmate would
be released pose a reasonable threat to public safety, and make
written findings related thereto.

(h) Notwithstanding any other provision of law, the board or
the Division of Adult Parole Operations shall have the authority
to impose any reasonable conditions on prisoners subject to medical
parole supervision pursuant to subdivision (a), including, but not
limited to, the requirement that the parolee submit to electronic
monitoring. As a further condition of medical parole, pursuant to
subdivision (a), the parolee may be required to submit to an
examination by a physician selected by the board for the purpose
of diagnosing the parolee’s 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, based on that medical
examination, that the person’s medical condition has improved to
the extent that the person no longer qualifies for medical parole,
the board shall return the person to the custody of the department.

(1) Notwithstanding any other provision of law establishing
maximum periods for parole, a prisoner sentenced to a determinate
term who is placed on medical parole supervision prior to the
earliest possible release date and who remains eligible for medical
parole, shall remain on medical parole, pursuant to subdivision
(a), until that earliest possible release date, at which time the
parolee shall commence serving that period of parole provided by,
and under the provisions of, Chapter 8 (commencing with Section
3000) of Title 1.

(2) Notwithstanding any other provisions of law establishing
maximum periods for parole, a prisoner sentenced to an
indeterminate term who is placed on medical parole supervision
prior to the prisoner’s minimum eligible parole date, and who
remains eligible for medical parole, shall remain on medical parole
pursuant to subdivision (a) until that minimum eligible parole date,
at which time the parolee shall be eligible for parole consideration
under all other provisions of Chapter 8 (commencing with Section
3000) of Title 1.

(i) The Department of Corrections and Rehabilitation shall, at
the time a prisoner is placed on medical parole supervision pursuant
to subdivision (a), 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.

(j) The provisions for medical parole set forth in this title shall
not affect an inmate’s eligibility for any other form of parole or
release provided by law.

(k) Notwithstanding any other provision of law, the Department
of Corrections and Rehabilitation shall give notice to the county
of commitment begin insert , the county of last legal residence as defined in
subdivision (l) of Section 14053.7 end insert begin insert of the Welfare and Institutions
Code, end insert and the county of proposed release of any medical parole
hearing as described in subdivision (f), and of any medical parole
release as described in subdivision (g), according to the following:

(1) Notice shall be made at least 30 days prior to the time any
medical parole hearing or medical parole release is scheduled for
an inmate receiving medical parole consideration, regardless of
whether the inmate is sentenced either determinately or
indeterminately.

(2) Notice shall include all relevant and pertinent information
about the inmate, including his or her name, criminal history,
medical and behavioral health needs, plan for residency and
medical care as described in subdivision (e), and any skilled
nursing facility location.