BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 6 Hearing Date: April 14, 2015
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|Author: |Galgiani |
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|Version: |December 1, 2014 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|MK |
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Subject: Parole: Medical Parole: Compassionate Release
HISTORY
Source: California Narcotic Officers' Association
Prior Legislation:SB 1284 (Galgiani) failed Assembly Public
Safety 2014
Support: Association for Los Angeles Deputy Sheriffs;
California Association of Code Enforcement Officers;
California College and University Police Chiefs
Association; California Correctional Supervisors
Organization; California District Attorneys
Association; California Police Chiefs Association;
California State Lodge, Fraternal Order of Police;
California State Sheriffs' Association; California
Statewide Law Enforcement Association; Crime Victims
United; Los Angeles County Professional Peace Officers
Association; Long Beach Police Officers Association;
Los Angeles Police Protective League; Peace Officers
Research Association; Riverside Sheriffs Association;
Sacramento County Deputy Sheriffs' Association; Santa
Ana Police Officers Association
Opposition:American Civil Liberties Union; Friends Committee on
Legislation of California;
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Legal Services for Prisoners with Children
PURPOSE
The purpose of this bill is to make an individual who killed a
peace officer ineligible for compassionate release or medical
parole.
Existing law provides that if the Secretary of the Department
of Corrections and Rehabilitation (CDCR), Board of Parole
Hearings (BPH), or both determine that the prisoner has six
months or less to live, that the conditions under which the
prisoner would be released do not pose a threat to public
safety and that the prisoner is permanently medically
incapacitated, the Secretary of CDCR or BPH may recommend to
the court that the prisoner's sentence be recalled. (Penal
Code § 1170 (e)(1) (2).)
Existing law requires the court to hold a hearing to consider
whether a prisoner's sentence should be recalled within 10 days
of receipt of a positive recommendation by the Secretary of
CDCR or BPH. (Penal Code § 1170 (e)(3).)
Existing law provides that any physician employed by CDCR who
determines that the prisoner has less than 6 months or less to
live shall notify the chief medical officer of the prognosis.
If the chief medical officer concurs the warden should be
notified and the warden shall then notify the prisoner and
designated family members of the recall and resentencing
procedures. (Penal Code § 1170(e)(4))
Existing law provides that the prisoner or his or her family
member or designee may request consideration for recall and
resentencing by contacting the chief medical officer at the
prison or the Secretary of CDCR. If the Secretary of CDCR
determines that the prisoner satisfies the criteria, the
Secretary or BPH may recommend to the court that the prisoner's
sentence be recalled. (Penal Code § 1170 (e)(6).)
Existing law states that the Secretary shall submit a
recommendation for release within 30 days in the case of
inmates sentenced to determinate terms. (Penal Code § 1170
(e)(6).)
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Existing law provides that in the case of inmates sentenced to
indeterminate terms, the Secretary may make a recommendation to
BPH with respect to inmates who have applied for consideration
for recall and resentencing. (Penal Code § 1170 (e)(6).)
Existing law allows the BPH to make an independent judgment as
to whether the inmate is eligible and to make findings related
thereto before rejecting the request or making a recommendation
to the Court. (Penal Code § 1170 (e)(6).)
Existing law provides that any recommendation for recall
submitted to the court by CDCR or BPH shall include one or more
medical evaluations, a post-release plan, and findings made as
to the prisoner's eligibility. (Penal Code § 1170 (e)(7).)
Existing law provides that the above compassionate release
provisions do not apply to a prisoner sentenced to death or a
term of life without the possibility of parole. (Penal Code §
1170 (e) (2) B)
This bill provides that the compassionate release provisions do
not apply if a person was convicted of first degree murder of a
peace officer who was killed while engaged in the performance of
his or her duties and the individual knew or should have known
that the victim was a peace officer.
This bill also provides that the compassionate release
provisions do not apply if a person was convicted of murder of a
peace officer or former peace officer who was intentionally
murdered in retaliation for the performance of his or her
official duties and the defendant was sentenced after January 1,
2016.
Existing law 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 BPH determines that the conditions
under which the prisoner would be released would not reasonably
pose a threat to public safety. (Penal Code § 3550(a).)
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Existing law provides that the medical parole law shall not be
construed to alter or diminish the rights conferred under the
Victim's Bill of Rights Act of 2008: Marsy's Law, including
notification of victims of parole proceedings. (Penal Code §
3550(b).)
Existing law states that when a physician employed by CDCR who
is the primary care provider for an inmate identifies an inmate
that he or she believes meets the medical criteria for medical
parole, 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 BPH 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 BPH 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. (Penal
Code § 3550(c).)
Existing law allows the prisoner or his or her family member or
designee to independently request consideration for medical
parole by contacting the head physician at the prison or CDCR.
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
and, if the head physician of the institution determines that
the prisoner satisfies the criteria, he or she shall refer the
matter to BPH using a standardized form and format developed by
CDCR. 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. (Penal Code §
3550(d).)
Existing law requires CDCR to complete parole plans for inmates
referred to the BPH for medical parole consideration. The
parole plans shall include, but not be limited to, the inmate's
plan for residency and medical care. (Penal Code § 3550(e).)
Existing law provides, notwithstanding any other law, that
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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.
(Penal Code § 3550(f).)
Existing law requires the BPH, upon receiving a recommendation
from the head physician of the institution where a prisoner is
located for the prisoner to be granted medical parole, to 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.
(Penal Code § 3550(g).)
Existing law authorizes the BPH or the Division of Adult Parole
Operations to impose any reasonable conditions on prisoners
subject to medical parole supervision, including, but not
limited to, the requirement that the parolee submit to
electronic monitoring. As a further condition of medical
parole, the parolee may be required to submit to an examination
by a physician selected by the BPH 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 BPH by the examining
physician. If the BPH 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
CDCR. (Penal Code § 3550(h).)
Existing law requires CDCR, at the time a prisoner is placed on
medical parole supervision, to 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. (Penal Code §
3550(i).)
Existing law states that medical parole shall not apply to any
prisoner sentenced to death or life in prison without
possibility of parole or to any inmate who is serving a sentence
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for which medical parole is prohibited by any initiative
statute. (Penal Code § 3550(b).)
This bill provides that a prisoner who was convicted of first
degree murder of a peace officer who the prisoner knew or should
have known was in the performance of his or her duties is not
eligible for medical parole.
This bill also provides that a prisoner who was convicted of
murder of a peace officer or former peace officer who was
intentionally murdered in retaliation for the performance of his
or her official duties and the defendant was sentenced after
January 1, 2016 shall not be eligible for medical parole.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
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While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
In 1973, a Mr. Gerald Youngberg took the lives of San
Bernardino County Sheriff's Lt. Al Stewart, California
Highway Patrol Officer Larry Wetterling, and gas
station attendant named Robert Jenkins in
execution-style murders. In 2012, Youngberg attempted
to receive a medical parole release from prison
despite major law enforcement opposition throughout
California.
Interestingly, California's medical parole law exempts
from eligibility persons sentenced to death or life
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without the possibility of parole - a sentence Mr.
Youngberg would have certainly received had those
punishment options been available when he committed
this triple murder in 1973. For a period of time in
the 1970s, the sentencing options of the death penalty
or life without the possibility of parole were not
available.
Although Youngberg was ultimately denied his medical
parole, the danger that he or a similarly situated
person who has been convicted of murdering a peace
officer could be released on either medical parole or
compassionate release parole remains very real.
Senate Bill 6 would exempt from medical parole
eligibility and compassionate release eligibility a
prisoner who was convicted of the murder of a peace
officer.
The honorable work that our men and women in law
enforcement perform on a daily basis is crucial to
ensuring that our neighbors and families live in safe
communities. Senate Bill 6 is necessary to guarantee
that individuals convicted of these heinous crimes
serve their entire sentences given to them by a jury
of their peers.
2. Compassionate Release and Medical Parole
There are two ways that a prisoner may be released in California
for medical reasons, compassionate release or medical parole.
With compassionate release:
A recommendation for the recall of a terminally
prisoner under P.C. 1170(e) may be initiated by
notification to the warden by any department physician
who determines that a prisoner has 6 months or less to
live. (P.C. 1170(e)(4).) Also, a prisoner or family
member or designee may independently request
consideration for recall by contacting the prison's
chief medical officer or the secretary. If the
secretary determines that the prisoner satisfies the
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criteria for recall, the secretary or board may
recommend to the court that the sentence be recalled.
For inmates sentenced to determinate terms, the
secretary must submit a recommendation for release
within 30 days. For those sentenced to indeterminate
terms, the secretary may make a recommendation to the
board. At its next lawfully noticed meeting, the board
must consider this information and make an independent
judgment and related findings before rejecting the
request or making a recommendation to the court. (P.C.
1170(e)(6).)
A recommendation for recall by the secretary or the
board must include one or more medical evaluations, a
postrelease plan, and the required findings. (P.C.
1170(e)(7).) Within 10 days of receipt of a positive
recommendation, the court must hold a hearing to
consider whether recall is appropriate. (P.C.
1170(e)(3).) If possible, the matter must be heard by
the judge who sentenced the prisoner. (P.C.
1170(e)(8).)
If the court grants the recall, the department must
release the prisoner within 48 hours of receipt of the
court's order, unless the prisoner agrees to a longer
time period. (P.C. 1170(e)(9).) (3 Witkin Cal. Crim.
Law Punishment § 395)
SB 1399 (Leno) (Chapter 405, Statutes of 2010) enacted medical
parole, which became operative in January of 2011. (Penal Code
§ 3550.) The law provides that medical parole shall be granted
where (1) an inmate has been found by the head physician in the
institute where they are housed to be 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 (2) the
Board of Parole Hearings also makes a determination that the
conditions under which the prisoner would be released would not
reasonably pose a threat to public safety.
Neither compassionate release nor medical parole applies to a
person who is sentenced to life without parole.
3. No Compassionate Release or Medical Parole for Peace Officer
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Murder
This bill provides that compassionate release and medical parole
do not apply to a person convicted of first degree murder of a
peace officer while performing his or her duties or in
retaliation for his or her duties.
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