BILL ANALYSIS Ó
AB 618
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
618 (Maienschein) - As Introduced February 24, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill:
1)Requires an independent professional appointed by the Board of
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Parole Hearings (BPH) for purposes of determining parole
suitability of a mentally disordered offender (MDO), at the
request of the prisoner, to consult with a prisoner's primary
mental health clinician, if any, before making a
recommendation to BPH. Defines primary mental clinician as a
licensed psychiatrist, psychologist, or clinical social worker
who regularly treats the prisoner, including, but not limited
to, an employee of the Department of State Hospitals or a
privately-hired person.
2)Requires BPH, at any hearing where BPH considers a
Psychological Risk Assessment, as part of its determination to
set, postpone, or rescind a parole release date of a prisoner
under a life sentence, at the request of the prisoner under a
life sentence, to consult with the prisoner's primary mental
clinician, if any. Defines primary mental clinician as 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.
FISCAL EFFECT:
1)Potentially significant ongoing GF costs, in the range of
$400,000, for MDO consults. Based on about 1,350 MDO hearings
per year, if half of the inmates request a consult with their
primary mental health clinician, and the consults average
about two hours, including scheduling, conferencing, travel
and report preparation, the annual cost would be in the range
of $400,000.
2)Potentially minor ongoing GF costs, in the range of $75,000.
Based on about 240 lifer hearings per year, if half request a
consult, and the consults average about two hours, including
scheduling, conferencing, travel and report preparation, the
annual cost would be in the range of $75,000.
3)Potential savings/costs to the extent additional consults
result in additional or fewer MDO commitments, and additional
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or fewer parole dates for lifers.
4)Development of regulations for the proposed changes would
likely cost in the range of $100,000.
COMMENTS:
1)Purpose. According to the author, "If it is determined that
the prisoner is fit to receive a parole hearing, current law
requires that the clinician in charge of treating the prisoner
and an independent evaluator from within the CDCR evaluate the
prisoner. The law also requires the Board of Parole Hearings
to appoint two independent professionals to conduct an
additional review in certain circumstances.
"However, these independent evaluators are not required to
consult with a prisoner's primary clinician before making a
recommendation to the board. The findings of these evaluators
may be incomplete or lack context since they may not know the
unique circumstances facing the prisoner.
"AB 2520 would require the independent evaluator from CDCR to
consult with the prisoner's primary clinician before making a
recommendation to the BPH. This would help ensure public
safety and the well-being of the prisoner by improving
communication between the prisoner's health team and
independent evaluators."
2)An MDO commitment is a post-prison civil commitment. The MDO
Act is designed to continue to confine an inmate about to be
released on parole when it is determined (a) the inmate has a
severe mental disorder; (b) the inmate used force or violence
in committing the underlying offense; (c) the severe mental
disorder was related to the commitment offense; (d) the
disorder is not in remission or capable of being kept in
remission without treatment; (e) the inmate was treated for
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the disorder for at least 90 days in the year before the
inmate's release; and (f) by reason of the severe mental
disorder, the inmate poses a threat of physical harm to
others. Rather than release the inmate to the community, CDCR
paroles the inmate to the supervision of the state hospital,
and the individual remains under hospital supervision
throughout the parole period, as specified.
3)"Governor's Veto Message of AB 2520 (Maienschien): AB 2520
(Maienschien) of the 2014 Legislative Session was identical to
this bill in that it required an independent professional
appointed by the BPH, to, at the request of a prisoner, who is
appealing an MDO determination, or is serving an indeterminate
sentence with the possibility of parole, as specified, consult
with the prisoner's primary mental health clinician before
making a recommendation to the BPH concerning that prisoner or
for purposes of determining parole suitability. Governor
Brown vetoed this measure and stated in his veto message, "I
am returning AB 2520 without my signature.
"AB 2520 requires mental health evaluators appointed by the BPH
to consult directly with a prison inmate's primary mental
health treatment clinician when considering parole suitability
or MDO status.
The BPH evaluators have access to the inmate's mental health
treatment records and can directly consult with clinicians if
needed."
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081
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