BILL NUMBER: AB 618	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein
   (Coauthor: Assembly Member Waldron)

                        FEBRUARY 24, 2015

   An act to amend Sections 2978 and 3041.7 of the Penal Code,
relating to parole.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 618, as introduced, Maienschein. Parole: primary mental health
clinicians.
   (1) Existing law requires, as a condition of parole, that a
prisoner who has a severe mental disorder, as defined, be treated by
the State Department of State Hospitals, and requires the State
Department of State Hospitals to provide the necessary treatment.
Existing law authorizes a prisoner to request a hearing before the
Board of Parole Hearings for the purpose of proving that the prisoner
is subject to that parole condition. Existing law also authorizes a
prisoner to request that the board appoint 2 independent
professionals for that hearing.
   If it is determined that the prisoner is subject to the parole
condition described above, existing law requires, prior to release on
parole, that the person in charge of treating the prisoner and a
practicing psychiatrist or psychologist from the State Department of
State Hospitals evaluate the prisoner at a facility of the Department
of Corrections and Rehabilitation. Existing law requires the Board
of Parole Hearings to appoint 2 independent professionals to conduct
an additional review in certain circumstances.
   Existing law imposes various requirements on the selection of the
independent professionals described above, including, among other
things, that they not be state government employees.
   This bill would additionally require those independent
professionals, at the request of the prisoner, to consult with a
prisoner's primary mental health clinician, as defined, and if any,
before making a recommendation concerning that prisoner to the board.

   (2) Existing law specifies the applicable procedures for any
hearing by the Board of Parole Hearings to set, postpone, or rescind
a parole release date of a prisoner under a life sentence. Existing
law also requires that those prisoners are entitled to be represented
by counsel at those hearings, and that specified individuals be
invited to those hearings.
   This bill would require the board, at the request of the prisoner,
to consult with a prisoner's primary mental health clinician if the
board considers a Psychological Risk Assessment, as those terms are
defined, as part of the board's determination of whether to set,
postpone, or rescind a parole release date of a prisoner under a life
sentence.
   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 2978 of the Penal Code is amended to read:
   2978.  (a) Any independent professionals appointed by the Board of
Parole Hearings for purposes of this article shall not be state
government employees; shall have at least five years of experience in
the diagnosis and treatment of mental disorders; and shall include
psychiatrists, and licensed psychologists who have a doctoral degree
in psychology. 
   (b) An independent professional appointed by the Board of Parole
Hearings for purposes of this article shall, at the request of the
prisoner, consult with a prisoner's primary mental health clinician,
if any, before making a recommendation concerning that prisoner to
the board. For purposes of this subdivision, "primary mental health
clinician" means a licensed psychiatrist, psychologist, or clinical
social worker who regularly treats the prisoner pursuant to this
article, including, but not limited to, an employee of the State
Department of State Hospitals or a privately hired person. 

   (b) 
    (c)  On July 1 of each year the Department of
Corrections and Rehabilitation and the State Department of State
Hospitals shall submit to the Board of Parole Hearings a list of 20
or more independent professionals on which both departments concur.
The professionals shall not be state government employees and shall
have at least five years of experience in the diagnosis and treatment
of mental disorders and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology. For purposes
of this article, when the Board of Parole Hearings receives the list,
it shall only appoint independent professionals from the list. The
list shall not be binding on the Board of Parole Hearings until it
has received the list, and shall not be binding after June 30
following receipt of the list.
  SEC. 2.  Section 3041.7 of the Penal Code is amended to read:
   3041.7.   (a)     (1)    At
any hearing for the purpose of setting, postponing, or rescinding a
parole release date of a prisoner under a life sentence, the prisoner
shall be entitled to be represented by counsel and the provisions of
Section 3041.5 shall apply. The Board of Parole Hearings shall
provide by rule for the invitation of the prosecutor of the county
from which the prisoner was committed, or his representative, to
represent the interests of the people at the hearing. The Board of
Parole Hearings shall notify the prosecutor and the Attorney General
at least 30 days prior to the date of the hearing.
    (2)   Notwithstanding Section 12550 of the
Government Code, the prosecutor of the county from which the prisoner
was committed, or his representative, who shall not be the Attorney
General, except in cases in which the Attorney General prosecuted the
case at the trial level, shall be the sole representative of the
interests of the people. 
   (b) (1) At any hearing where the Board of Parole Hearings
considers a Psychological Risk Assessment, as described in Section
2240 of Article 2 of Chapter 3 of Division 2 of Title 15 of the
California Code of Regulations, as part of its determination of
whether to set, postpone, or rescind a parole release date of a
prisoner under a life sentence, the board shall, at the request of
the prisoner under a life sentence, also consult with the prisoner's
primary mental health clinician if that person exists.  
   (2) For purposes of this section, "primary mental health clinician"
means a licensed psychiatrist, psychologist, or clinical social
worker who regularly treats the prisoner, including, but not limited
to, a state employee or a privately hired person.