BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 68
                                                                  Page  1

          Date of Hearing:   April 10, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 68 (Maienschein) - As Amended:  April 1, 2013 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:               

           SUMMARY  

          This bill 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. Requires  
          notice be provided at least 30 days prior to any medical parole  
          hearing or medical parole release. 

           FISCAL EFFECT  

          Minor, absorbable state costs to provide a small number of  
          additional notices. 

          There have been 50 medical paroles since the advent of medical  
          parole in 2011, and under current law CDCR is already required  
          to provide a fairly wide range of notice regarding parole  
          hearings and paroles, including 90-day notice to victims, and  
          60-day notice of the parole of violent felons to law enforcement  
          in the county of release.   

           COMMENTS  

           1)Rationale  . According to the author and proponents - chiefly  
            law enforcement -  the additional notification requirements  
            will ensure local officials are notified in all medical parole  
            cases, and not just the officials in the county of the actual  
            proposed parole release, but officials in the county of  
            commitment and the county of last legal residence.

           2)Opposition  . The California Attorneys for Criminal Justice  
            (CACJ) suggest the bill is unnecessary and is essentially an  








                                                                  AB 68
                                                                  Page  2

            effort to discourage medical parole. 

            According to 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. ?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."

           3)Current law  provides for medical parole, whereby an inmate  
            (lifers and death row inmates are not eligible) who is  
            permanently medically incapacitated with a condition that  
            renders him or her permanently unable to perform activities of  
            basic daily living, and requires 24-hour care, may be granted  
            medical parole if the Board of Parole Hearings determines the  
            conditions under which the inmate would be released would not  
            pose a threat to public safety.   
           
          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081