BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 68
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 68 (Maienschein)
          As Amended  August 20, 2013
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(April 18,      |SENATE: |39-0 |(September 6,  |
          |           |     |2013)           |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Requires the California Department of Corrections and  
          Rehabilitation (CDCR) to provide notice to the county of  
          commitment and the proposed county of release of any medical  
          parole hearing or of any medical parole release.  Provides that  
          notice shall be made at least 30 days, or as soon as feasible,  
          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.    

           The Senate amendments :

          1)Clarify that notice to the proposed county of release is only  
            required if that county is different than the county of  
            commitment.

          2)State that the notice must be made at least 30 days, or as  
            soon as feasible, prior to the scheduled hearing or release.

           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. 









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          2)Requires, at least 30 days before BPH 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.  

          3)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.  

          4)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.  

          5)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.  

          6)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  
            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  








                                                                  AB 68
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            person is scheduled to be released on parole or rereleased  
            following a period of confinement pursuant to a parole  
            revocation without a new commitment.  

          7)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.  

           AS PASSED BY THE ASSEMBLY  , this bill required CDCR to provide  
          notice to the county of commitment and the county of proposed  
          release of any medical parole hearing or of any medical parole  
          release.  This bill also provided 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.    

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   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  








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          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  
          ensuring the safety of our communities and its residents."

          Please see the policy committee analysis for a full discussion  
          of this bill.  


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


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