BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 68
                                                                  Page  1

          Date of Hearing:  April 2, 2013
          Counsel:       Stella Choe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 68 (Maienschein) - As Amended:  April 1, 2013
           
           
           SUMMARY  :  Requires the California Department of Corrections and  
          Rehabilitation (CDCR) to provide notice to the county of  
          commitment, the county of last legal residence, and the county  
          of proposed release of any medical parole release or of any  
          medical parole release.  Provides that 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.    

           EXISTING LAW  :

          1)Establishes the medical parole program whereby any prisoner  
            who the head physician of the institution where the prisoner  
            is located determines 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  
            (BPH) determines that the conditions under which the prisoner  
            would be released would not reasonably pose a threat to public  
            safety.  [Penal Code Section 3550(a).]

             a)   States that medical parole 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 medical parole is prohibited by any  
               initiative statute.  [Penal Code Section 3550(b).]

             b)   States that when a physician employed by CDCR who is the  
               primary care provider for an inmate identifies an inmate  
               that he or she believes meets the medical criteria for  
               medical parole, the primary care physician shall recommend  
               to the head physician of the institution where the prisoner  








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               is located that the prisoner be referred to the BPH 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 BPH  
               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.   
               [Penal Code Section 3550(c).]

             c)   Allows the prisoner or his or her family member or  
               designee to independently request consideration for medical  
               parole by contacting the head physician at the prison or  
               CDCR.  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 and, if the head physician of  
               the institution determines that the prisoner satisfies the  
               criteria, he or she shall refer the matter to BPH using a  
               standardized form and format developed by CDCR.  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.  [Penal Code  
               Section 3550(d).]

             d)   Requires CDCR to complete parole plans for inmates  
               referred BPH for medical parole consideration. The parole  
               plans shall include, but not be limited to, the inmate's  
               plan for residency and medical care.  [Penal Code Section  
               3550(e).]

             e)   Provides, notwithstanding any other law, 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. Medical parole hearings may be heard in  
               absentia.  [Penal Code Section 3550(f).]

             f)   Requires BPH, upon receiving a recommendation from the  
               head physician of the institution where a prisoner is  
               located for the prisoner to be granted medical parole, to  








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               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.  [Penal Code Section 3550(g).]

             g)   Authorizes the board or the Division of Adult Parole  
               Operations 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 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.  [Penal Code Section 3550(h).]

             h)   Requires CDCR, at the time a prisoner is placed on  
               medical parole supervision, 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.  [Penal Code Section 3550(i).]

          2)States that a representative of the district attorney of the  
            county from which a life prisoner was committed may  
            participate in any parole consideration or rescission hearing  
            for that prisoner.  If the Attorney General prosecuted the  
            case for the county, or if the district attorney cannot appear  
            because of a conflict, the Attorney General may appear and  
            participate in the hearing for the district attorney.  [Title  
            15 CCR 2030(a)(3).]

          3)Requires notice that a hearing will be held to be given to the  
            prosecutor at least 30 days before the hearing.  If the  
            prosecutor wishes to participate in the hearing he shall, at  








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            least two weeks before the hearing, notify the institution  
            hearing coordinator that a representative will attend.  The  
            prisoner's attorney shall be notified that a prosecutor will  
            attend.  [Title 15 CCR 2030(b).]

          4)Requires, at least 30 days before the board meets to review or  
            consider the parole suitability or the setting of a parole  
            date for any prisoner sentenced to a life sentence, the board  
            to send written notice thereof to each of the following  
            persons: the judge of the superior court before whom the  
            prisoner was tried and convicted, the attorney who represented  
            the defendant at trial, the district attorney of the county in  
            which the offense was committed, the law enforcement agency  
            that investigated the case, and where the prisoner was  
            convicted of the murder of a peace officer, the law  
            enforcement agency which had employed that peace officer at  
            the time of the murder.  [Penal Code Section 3042(a).]

          5)States that upon request to CDCR and verification of the  
            identity of the requester, notice of any hearing to review or  
            consider the parole suitability or the setting of parole date  
            for any prisoner shall be given by BPH at least 90 days before  
            the hearing to any victim of any crime committed by the  
            prisoner, or the next of kin of the victim if the victim has  
            died.  [Penal Code Section 3043(a).]

          6)Provides that an inmate who is released on parole or  
            postrelease supervision shall be returned to the county that  
            was the last legal resident of the inmate prior to his or her  
            incarceration, except as provided.  For purposes of this  
            subdivision, "last legal residence" shall not be construed to  
            mean the county wherein the inmate committed an offense while  
            confined in state prison or a local jail facility or while  
            confined for treatment in a state hospital.  [Penal Code  
            Section 3003(a).]

             a)   States that notwithstanding the above provision, an  
               inmate may be returned to another county if that would be  
               in the best interests of the public, and provides specified  
               factors for the paroling authority to consider when making  
               the decision to release an inmate to a county other than  
               his or her last legal residence.  The factors give the most  
               weight to the protection of the victim and the safety of  
               the community.  [Penal Code Section 3003(b).]









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             b)   Requires CDCR to release the following information, if  
               available, to local law enforcement agencies regarding a  
               paroled inmate or inmate placed on postrelease supervision  
               who is released in their jurisdictions [Penal Code Section  
               3003(e)(1)]:

                 i)       Last, first, and middle name.

                 ii)      Birthdate.

                 iii)     Sex, race, height, weight, and hair and eye  
                   color.

                 iv)      Date of parole and discharge.

                 v)       Registration status, if the inmate is required  
                   to register as a result of a controlled substance, sex  
                   or arson offense.

                 vi)      California Criminal Information Number, FBI  
                   Number, social security number, and driver's license  
                   number.

                 vii)     County of commitment.

                 viii)    A description of scars, marks, and tattoos on  
                   the inmate.

                 ix)      Offense or offenses for which the inmate was  
                   convicted that resulted in parole in this instance.

                 x)       Address, as specified.

                 xi)      Contact officer and unit, as specified.

                 xii)     A digitized image of the photograph and at least  
                   s single digit fingerprint of the parolee.

                 xiii)    A geographic coordinate for the parolee's  
                   residence location for use with a Geographical  
                   Information System or comparable computer program.

          7)States that whenever any person confined to state prison is  
            serving a term for the conviction of a violent felony, BPH or  
            CDCR shall notify the sheriff or chief of police, or both, and  








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            the district attorney, who has jurisdiction over the community  
            in which the person was convicted and, in addition, the  
            sheriff or chief of police, or both, and the district  
            attorney, having jurisdiction over the community in which the  
            person is scheduled to be released on parole or rereleased  
            following a period of confinement pursuant to a parole  
            revocation without a new commitment.  [Penal Code Section  
            3058.6(a).]

             a)   Requires that the notification be made by mail at least  
               60 days prior to the scheduled release date, except as  
               provided.  In all cases, the notification shall include the  
               name of the person who is scheduled to be released, whether  
               or not the person is required to register with the local  
               law enforcement, and the community in which the person will  
               reside. The notification shall specify the office within  
               CDCR with the authority to make final determinations and  
               adjustments regarding parole location decisions. [Penal  
               Code Section 3058.6(b)(1).]

             b)   States that when notice cannot be provided at least 60  
               days prior to release due to circumstances as specified,  
               CDCR shall provide notification as soon as practicable, but  
               in no case shall CDCR delay making the notification more  
               than 24 hours from the time the final decision is made  
               regarding where the parolee will be released.  [Penal Code  
               Section 3058.6(b)(3).]

             c)   Allows those agencies receiving this notice to provide  
               written comment within 45 days prior to the inmate's  
               scheduled release to BPH or CDCR.  Those comments shall be  
               considered by BPH or CDCR which may, based on those  
               comments, modify its decision regarding the community in  
               which the person is scheduled to be released.  CDCR shall  
               respond in writing not less than 15 days prior to the  
               scheduled release with a final determination as to whether  
               to adjust the parole location and documenting the basis for  
               its decision.  The comments shall become a part of the  
               inmate's file.  [Penal Code Section 3058.6(b)(4).]

             d)   States that if a court orders the immediate release of  
               an inmate, CDCR shall notify the sheriff or chief of  
               police, or both, and the district attorney, having  
               jurisdiction over the community in which the person was  
               convicted and, in addition, the sheriff or chief of police,  








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               or both, and the district attorney, having jurisdiction  
               over the community in which the person is scheduled to be  
               released on parole at the time of release.  [Penal Code  
               Section 3058.6(c).]

          8)Provides whenever any sheriff or chief of police is notified  
            of the pending release of a convicted violent felon, as  
            specified, that sheriff or chief of police may notify any  
            person designated by the sheriff or chief of police as an  
            appropriate recipient of this notice.  [Penal Code Section  
            3058.7(a).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Due to  
            Realignment, the State of California is allowed to offer  
            medical parole to inmates who are permanently medically  
            incapacitated, are not a threat to public safety, and have not  
            been sentenced to death or life without the possibility of  
            parole.  These inmates are placed in care facilities in the  
            community, but are still considered incarcerated.

          "Under current law, a notification of pending medical parole is  
            only provided to the District Attorney in the county where the  
            inmate was convicted.  There are instances where inmates are  
            medically paroled to counties other than the one they were  
            convicted in and those counties are not notified that a  
            medical parolee will be returning to their community.  As an  
            example, in San Diego County, which has highly specialized  
            skilled nursing home facilities that provide high levels of  
            care required by some prisoners, several individuals have been  
            medically paroled without any notice to County officials.

          "AB 68 does not alter the procedure for determining whether to  
            approve an inmate for medical parole, or not.  This measure  
            simply seeks to require the California Department of  
            Corrections and Rehabilitation (CDCR) to provide notification  
            to pertinent entities, such as the County, District Attorney  
            and Sheriff of both the county of commitment and the county  
            where the medical parolee will receive care, all of whom are  
            responsible for the public's safety in some capacity.  

          "AB 68 will fulfill one of our highest priorities, which is  








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            ensuring the safety of our communities and its residents."

           2)Background on Medical Parole  :  In 2010, the medical parole law  
            was signed into law.  [SB 1399 (Leno), Chapter 405, Statutes  
            of 2010.]  The law only applies to those inmates who have been  
            declared by the head physician in the institute where they are  
            housed to be 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.  BPH must also make a  
            determination that the conditions under which the prisoner  
            would be released would not reasonably pose a threat to public  
            safety.  

          According to the background information provided by the author's  
            office for SB 1399, "SB 1399 will medically parole, the  
            sickest of the sick.  And although this would only apply to a  
            handful of inmates, these inmates are by far the most costly  
            in the system.  The average cost for an inmate placed in a  
            correctional treatment center bed is $10,604.  When you add  
            the costs of medical guarding and transportation to that  
            (patients in this setting normally average one to three  
            outside medical visits with hospital transportation and two  
            correctional officers at the hourly rate, plus benefits) the  
            figure rises to $114,395 dollars per inmate.  The Federal  
            Receiver has identified 11 inmates as extremely incapacitated  
            and housed within the prison system in correctional treatment  
            center beds with medical bills averaging over $114,000 each  
            per year.

          "An additional 21 inmates are housed at an even higher rate to  
            the taxpayer in nursing facilities or hospitals outside of the  
            prison facility.  These type of beds average a cost of $3,500  
            per day.  When you add the guarding costs to that (two  
            correctional officers per shift, three shifts per day,  
            straight time plus benefits) the number jumps to $5,406 a day.  
             So the total cost for a single inmate in this type of  
            treatment setting is nearly $2 million - $1,973,252.  This  
            means that the state has paid a total of $41.4 million a year  
            for just 21 individuals who would most likely qualify as  
            medical parole candidates under this legislation due to their  
            severe medical condition as evidenced by the exorbitant costs  
            of their medical care. 

            "Finally, there is one more type of bed, the hospice bed.  For  








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            inmates dying in this type of medical setting, the costs of a  
            physician assistant, registered nurse, office assistant, and  
            clinical social worker total nearly $2 million per hospice bed  
            - $1,868,232.  CDCR has 17 hospice beds currently within the  
            system at a price of $31,759,944 - nearly $32 million dollars  
            a year. 

            "By eliminating the requirement for 24-hour guard care at  
            health facilities, a medical parole program could save the  
            state millions just in custody and transportation costs alone.  
             According to the State Auditor, between 2003 and 2008,  
            medical guard time accounted for 24% of the prison system's  
            total guard overtime.  Spending for guard costs has increased  
            by $66 million since 2003.  The price for two correctional  
            officers to guard a single inmate at an outside nursing  
            facility has been reported to be $2,317 a day.  The guard  
            price for the inmate during a six-month period was $410,000.   
            That's nearly equal to actual cost of medical care provided to  
            the inmate during the same timeframe which totaled an  
            additional $421,000.  We can assume that for every inmate we  
            send out into the community for special treatment, we are  
            nearly doubling the taxpayer burden for the cost of their  
            incarceration. 

            "Incarcerated inmates, regardless of their medical condition,  
            are not eligible to receive any federally funded medical care.  
             However, these restrictions do not apply to persons on  
            parole, meaning that SB 1399 would allow the State to receive  
            federal reimbursement for a significant portion of the costs  
            associated with inmates eligible to be placed on medical  
            parole. 

            "Currently, prisoners who are suffering from severe medical  
            incapacitation are treated in correctional treatment center  
            beds, outside hospital patient beds, or hospice beds; the  
            price tag for which starts at nearly $115,000 a year for the  
            lowest level treatment setting of the three options.  Now,  
            taking that into account, imagine the savings that could be  
            realized given that the average annual cost of Medi-Cal  
            fee-for-service skilled nursing care is only about $60,000.   
            Of course, the cost of skilled nursing varies significantly  
            depending on the acuity level of patients and it's likely that  
            terminally ill patients on average would have greater care  
            needs and thus have a higher average cost; nevertheless, the  
            Medi-Cal cost share is 50-percent state and 50-percent federal  








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            meaning the state would only pay half one-the costs of caring  
            for a parolee being treated in the community if he or she  
            qualified for Medi-Cal.  Further, it is conceivable that many  
            of these inmates will qualify for Medicare which is entirely  
            funded by the federal government."

           3)The Role of CDCR in Parole  :

              a)   Placement of Parolees  :  CDCR has "exclusive jurisdiction  
               and full discretion to determine a parolee's placement."   
               [Penal Code Section 3003; City of Susanville v. Department  
               of Corrections and Rehabilitation (2012) 204 Cal.App.4th  
               377, 382 (138 Cal. Rptr. 3d 721); In re Roberts (2005) 36  
               Cal.4th 575, 588 (31 Cal. Rptr. 3d 458, 115 P.3d 1121);  
               People v. Stevens (2001) 89 Cal.App.4th 585, 588 (107 Cal.  
                                          Rptr. 2d 305).]  Penal Code Section 3003 provides that,  
               whenever possible, an inmate who is released on parole  
               shall be returned to the county that was the last residence  
               of the inmate prior to his or her incarceration.  If CDCR  
               determines that the inmate cannot be returned to the county  
               of his or her last residence, CDCR may return the inmate to  
               another county, if that would be in the best interests of  
               the public.  Although CDCR has the discretion to decide  
               where to return the inmate, Penal Code Section 3003  
               provides the following factors that CDCR must consider when  
               making this decision:  (i) the need to protect the life or  
               safety of a victim, the parolee, a witness, or any other  
               person; (ii) public concern that would reduce the chance  
               that the inmate's parole would be successfully completed;  
               (iii) the verified existence of a work offer, or an  
               educational or vocational training program; (iv) the  
               existence of family in another county with whom the inmate  
               has maintained strong ties and whose support would increase  
               the chance that the inmate's parole would be successfully  
               completed; and (v) the lack of necessary outpatient  
               treatment programs for parolees receiving treatment.  Penal  
               Code Section 3003 also specifies that the greatest weight  
               shall be given to the protection of the victim and the  
               safety of the community.

             In a recent case, a city and county filed a petition for a  
               writ of mandamus to change the placement of a parolee in  
               their county.  CDCR first attempted to place the inmate in  
               the county of his last residence but because of statutory  
               restrictions on a parolee's placement near a witness or  








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               victim, CDCR looked at other counties, including his  
               sister's residence, and finally decided on the plaintiff  
               county.  In ruling that neither the city, the county, nor  
               the trial court could interfere with CDCR's exclusive  
               discretion to determine a parole placement according to the  
               statutory criteria and notice requirements set forth in the  
               Penal Code, the court reasoned that "[u]ndoubtedly,  
               counties throughout the state would object to the placement  
               of a parolee in their jurisdictions.  But the Department  
               has the unwelcome task of choosing one of those  
               communities, and absent an abuse of discretion, the  
               Department's decision must stand."  (City of Susanville v.  
               Department of Corrections and Rehabilitation, supra, 204  
               Cal.App.4th at p. 386.)  

              b)   Notification Requirements  :  Under current law, CDCR is  
               required to provide notification to specified parties of  
               parole hearings, pending release of inmates, and release of  
               inmates.  Victims or victim next-of-kin who are registered  
               to receive notification will receive information regarding  
               the date and location of the hearing, and have the right to  
               attend and participate in the medical parole hearing.  In  
               the case of parole for an inmate serving a life sentence,  
               CDCR must provide notice to the judge of the superior court  
               before whom the prisoner was tried and convicted, the  
               attorney who represented the defendant at trial, the  
               district attorney of the county in which the offense was  
               committed, the law enforcement agency that investigated the  
               case, and where the prisoner was convicted of the murder of  
               a peace officer, the law enforcement agency which had  
               employed that peace officer at the time of the murder.   
               [Penal Code Section 3042(a).]  Generally, when an inmate is  
               paroled, CDCR must provide certain information to local law  
               enforcement agencies regarding a paroled inmate or an  
               inmate placed on postrelease supervision who is released in  
               their jurisdictions.  [Penal Code Section 3003(e)(1).]   
               When an inmate serving a sentence for a violent felony  
               conviction is being paroled, CDCR must notify the sheriff  
               or chief of police, or both, and the district attorney, who  
               has jurisdiction over the community in which the person was  
               convicted and, in addition, the sheriff or chief of police,  
               or both, and the district attorney, having jurisdiction  
               over the community in which the person is scheduled to be  
               released on parole.  The notification must be made by mail  
               at least 60 days prior to the scheduled release, or as soon  








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               as practicable.  [Penal Code Section 3058.6(a)-(b).]  

             Existing law also provides that "whenever any sheriff or  
               chief of police is notified of the pending release of a  
               convicted violent felon, that sheriff or chief of police  
               may notify any person designated by the sheriff or chief of  
               police as an appropriate recipient of this notice."  [Penal  
               Code Section 3058.7(a), emphasis added.]   

             This bill adds the county of last legal residence as one of  
               the counties to receive notice of a medical parole hearing  
               and a medical parole release.  While current law provides  
               that the county of last legal residence is usually where  
               the inmate shall be returned [Penal Code Section 3003(a)],  
               it further provides that an inmate may be returned to  
               another county if that would be in the best interests of  
               the public [Penal Code Section 3003(b)].  If an inmate  
               receiving medical parole consideration is not being  
               returned to the county of his or her last legal residence,  
               is there a need to provide notice of his or her medical  
               parole hearing or medical parole release to his or her  
               county of last legal residence?  
              
           4)Argument in Support  :  According to the  California Police  
            Chiefs Association  , "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 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 both 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.

          "The California Police Chiefs Association strongly believes that  
            this notice is appropriate.  Last year, we had a very close  
            call where a triple murderer, convicted of killing a civilian  
            and two law enforcement officers execution style, nearly  
            achieved medical parole.  This bill will decrease the  
            likelihood of such an abuse of the Medical Parole process  








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            occurring again."

           5)Argument in Opposition  :  According to the  California Attorneys  
            for Criminal Justice  (CACJ), "The proposed language in AB 68,  
            affording notice of parole hearings is, although  
            hypothetically useful, a practice which provides no benefit to  
            the citizens of California.  For a prisoner to gain  
            eligibility for medical parole, they must qualify as  
            permanently medically incapacitated.  Such prisoners must be  
            factually established and confirmed by CDCR medical staff,  
            including the head physician at the prison providing housing.   
            The Board of Parole Hearings must ratify the recommendation.   
            It is a satisfactory safeguard, as witnessed by the safe and  
            effective, selective and spare use of this option since  
            enactment.

          "These prisoners require hideously expensive care as a result of  
            their incapacitation.  Granted this, one must ask whether  
            advance notice to county of last legal residence is included  
            for any reason other than to afford an opportunity to object  
            to the release.  Although such objection may be understandable  
            in the conventional parole setting, for incapacitated  
            prisoners posing no reasonable risk, no functional purpose is  
            served by this advance notice.  Granted this perspective, CACJ  
            believes the bill should be withdrawn or amended to limit  
            notice to concurrent notice with release."

           6)Related Legislation  :  AB 353 (Brown) exempts from medical  
            parole eligibility a prisoner who was convicted of the murder  
            of a peace officer, as provided.  AB 353 is pending hearing by  
            this Committee.

           7)Prior Legislation  :

             a)   SB 1462 (Leno), Chapter 867, Statutes of 2012,  
               authorizes a county sheriff to release an inmate from the  
               county jail who has less than six months to live, and to  
               request a court to grant medical parole to an inmate that  
               is physically incapacitated.  SB 1462 authorizes the  
               probation officer or the court to request a medical  
               examination of the person released on medical parole at any  
               time, and to return that person to the sheriff's custody if  
               that person no longer qualifies for release.

             b)   AB 44 (Logue), Chapter 355, Statutes of 2011, extended  








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               from 45 to 60 days the period in which CDCR must notify the  
               sheriff, chief of police, or both, and the district  
               attorney of the scheduled release date of an inmate who has  
               been convicted of a "violent" felony

             c)   SB 1399 (Leno), Chapter 405, Statutes of 2010,  
               established the medical parole program.

             d)   AB 2290 (Bradford), 2009-2010 Legislative Session, would  
               have CDCR, not less than 45 days prior to the release of  
               such an inmate, or as soon as practicable, to notify, via  
               the Law Enforcement Automated Data System, the local law  
               enforcement agency of the jurisdiction to which the inmate  
               is to be released regarding the scheduled release.  AB 2290  
               was vetoed.

             e)   AB 1539 (Krekorian), Chapter 740, Statutes of 2007,  
               established criteria and procedure for which a state   
               prisoner may have his/her sentence recalled and be  
               re-sentenced if he/she is diagnosed with a disease that  
               would produce death within six months or is permanently  
               medically incapacitated and whose release is deemed not to  
               threaten public safety.

             f)   AB 217 (Vargas), Chapter 466, Statutes of 2005, requires  
               that at least 45 days before a person who is required to  
               register as a sex offender is released into a long-term  
               health care facility, CDCR or any other official in charge  
               of a place of confinement to notify the facility, in  
               writing, that the sex offender is being released to reside  
               at the facility.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California District Attorneys Association
          California Police Chiefs Association
          California State Association of Counties
          California State Sheriffs' Association
          Crime Victims United
          Urban Counties Caucus

           Opposition 








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          California Attorneys for Criminal Justice
          Friends Committee on Legislation of California
          Legal Services for Prisoners with Children
          Justice Now
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744