California Legislature—2013–14 Regular Session

Assembly Bill No. 353

Introduced by Assembly Member Brown

February 13, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 353, as introduced, Brown. Parole: medical 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 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 exempts a prisoner sentenced to death, a prisoner sentenced to life without the possibility of parole, and a prisoner who is serving a sentence for which parole is prohibited by initiative statute, from medical parole eligibility.

This bill would additionally exempt from medical parole eligibility a prisoner who was convicted of the murder of a peace officer, as provided. This bill would not apply that exemption to a prisoner who committed the underlying offense on or after January 1, 2011, but before January 1, 2014.

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), begin delete any prisoner who end delete begin insert if end insert the head
physician of begin delete the end delete begin insert an end insert institution begin delete where the end delete begin insert in which a end insert prisoner is
begin delete located end delete begin insert end insert begin insert incarcerated end insert determines, as provided in this section, begin insert that
the prisoner end insert 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, begin insert the prisoner end insert shall be granted medical parole if the
Board of Parole Hearings determines that the conditions under
which begin delete the prisoner end delete begin insert he or she end insert would be released would not
reasonably pose a threat to public safety.

(b)  begin insert This section does not alter or diminish the rights conferred
under the Victim’s Bill of Rights Act of 2008 (Marsy’s Law). end insert
Subdivision (a) begin delete shall end delete begin insert does end insert not apply to any begin delete prisoner end delete begin insert of the
following: end insert

begin insert (1) end insert begin insert   end insert begin insert A prisoner end insert sentenced to death or life in prison without
possibility of begin delete parole or to any inmate end delete begin insert parole. end insert

begin insert (2) end insert begin insert   end insert begin insert A prisoner end insert who is serving a sentence for which parole,
pursuant to subdivision (a), is prohibited by any initiative statute.
begin delete 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. end delete

begin insert

(3) (A) A prisoner who was convicted of murder if the victim
was a peace officer, as defined in Section 830.1, 830.2, 830.3,
830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4,
830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while
engaged in the performance of his or her duties, and the individual
knew, or reasonably should have known, that the victim was a
peace officer engaged in the performance of his or her duties.

end insert begin insert

(B) The victim was a peace officer, as defined in any of those
sections enumerated in subparagraph (A), or had been a peace
officer, as defined in any of those sections, and was intentionally
murdered in retaliation for the performance of his or her official
duties.

end insert begin insert

This paragraph does not apply to an individual who murdered
the peace officer or former peace officer on or after January 1,
2011, but before January 1, 2014.

end insert

(c) When a physician employed by the Department of
Corrections and Rehabilitation who is the primary care provider
for begin delete an inmate end delete begin insert a prisoner end insert identifies begin delete an inmate end delete begin insert a prisoner end insert 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.