BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                          SB 6|
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                                   THIRD READING 


          Bill No:  SB 6
          Author:   Galgiani (D) 
          Introduced:12/1/14  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  4-1, 4/14/15
           AYES:  Anderson, Leno, McGuire, Stone
           NOES:  Hancock
           NO VOTE RECORDED:  Liu, Monning

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 1/21/16
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Parole:  medical parole:  compassionate release


          SOURCE:    California Narcotic Officers' Association


          DIGEST:  This bill makes an individual who killed a peace  
          officer ineligible for compassionate release or medical parole. 


          ANALYSIS:


          Existing law:


          1) 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  








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             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).)



          2) 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).)

          3) Provides that any physician employed by CDCR who determines  
             that the prisoner has less than six 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))

          4) 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).)

          5) States that the Secretary of CDCR shall submit a  
             recommendation for release within 30 days in the case of  
             inmates sentenced to determinate terms.  (Penal Code § 1170  
             (e)(6).)

          6) 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).)

          7) 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  








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             the Court.  (Penal Code § 1170 (e)(6).)

          8) 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).)

          9) 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)

          10)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).)

          11)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).)

          12)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.  (Penal Code § 3550(c).)

          13)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.  (Penal  
             Code § 3550(d).)








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          14)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).)

          15)Provides, notwithstanding any other law, that 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).)

          16)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).)

          17)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.  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).)

          18)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.  (Penal Code § 3550(i).)








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          19)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 for which  
             medical parole is prohibited by any initiative statute.   
             (Penal Code § 3550(b).)

          This bill:

          1) 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.

          2) 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.

          3) 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.

          4) 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.

          Background
          
          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  








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               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  
               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) BPH  








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          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.

          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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, potential loss  
          of significant future cost savings (General Fund) to the extent  
          formerly eligible inmates convicted of first degree murder of a  
          peace officer would have otherwise been granted medical parole  
          or compassionate release. Based on historical releases, the  
          average annual savings on CDCR custody costs alone for one  
          inmate released from a hospital/nursing home setting on medical  
          parole is $750,000 (General Fund).

          SUPPORT:  (Verified  1/21/16)

          California Narcotic Officers' Association (source)
          Association for Los Angeles Deputy Sheriffs 
          California Association of Code Enforcement Officers  
          California College and University Police Chiefs Association  
          California Correctional Peace Officers Association
          California Correctional Supervisors Organization
          California District Attorneys Association 
          California Police Chiefs Association  
          California State Lodge  
          California State Sheriffs' Association  
          California Statewide Law Enforcement Association
          Crime Victims United
          Fraternal Order of Police 
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League








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          Peace Officers Research Association
          Riverside Sheriffs Association
          Sacramento County Deputy Sheriffs' Association
          Santa Ana Police Officers Association

          OPPOSITION: (Verified  1/21/16) 

          American Civil Liberties Union
          California Attorneys for Criminal Justice
          Friends Committee on Legislation of California
          Legal Services for Prisoners with Children


          ARGUMENTS IN SUPPORT:     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  
               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  








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               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.


          ARGUMENTS IN OPPOSITION:     The American Civil Liberties Union  
          opposes this bill stating:


               [C]urrent law simply allows an inmate to petition the Board  
               of Parole Hearings for release. The Board is fully capable  
               of screening the petitions to determine who is appropriate  
               to be released in the totality of the circumstances,  
               including the offense the person has committed. Given the  
               intent of medical parole is to reduce the financial strain  
               of caring for medically incapacitated inmates, the  
               Legislature should not start excepting out specified  
               offenses for which an inmate is not eligible despite being  
               medically incapacitated.


          Prepared by:Mary Kennedy / PUB. S. / 
          1/25/16 15:56:42


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