BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       SB 6


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          Date of Hearing:  June 14, 2016


          Counsel:               Stella Choe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          6 (Galgiani) - As Introduced December 1, 2014


                       As Proposed to be Amended in Committee








          SUMMARY:  Exempts from medical parole and compassionate release  
          eligibility a prisoner who was convicted of the murder of a  
          peace officer, as provided, and applies the provisions of this  
          bill retroactively.  









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          EXISTING LAW:



          1)Provides if the Secretary of the Department of Corrections and  
            Rehabilitation (CDCR), Board of Parole Hearings (BPH), or both  
            determine that a 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 (compassionate release). (Pen. Code, § 1170, subd.  
            (e)(1) & (2).)

          2)Exempts from compassionate release a prisoner sentenced to  
            death or a term of life without the possibility of parole  
            (LWOP).  (Pen. Code, § 1170, subd. (e)(2)(C).)

          3)Requires any recommendation for recall submitted to the court  
            by the CDCR Secretary or BPH to include one or more medical  
            evaluations, a postrelease plan, and findings of the  
            prisoner's eligibility.  (Pen. Code, § 1170, subd. (e)(7).)

          4)Requires the court to hold a hearing within 10 days of receipt  
            of a positive recommendation by BPH or the secretary of CDCR  
            for a prisoner's sentence to be recalled.  (Pen. Code, § 1170,  
            subd. (e)(3).)

          5)States if the court grants the recall and resentencing  
            application, the prisoner shall be released within 48 hours of  
            receipt of the court order, unless a longer time period is  
            agreed to by the inmate.  (Pen. Code, § 1170, subd. (e)(9).)

          6)Establishes the medical parole program whereby any prisoner  
            who the head physician of the institution where the prisoner  








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            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 BPH determines that the  
            conditions under which the prisoner would be released would  
            not reasonably pose a threat to public safety.  (Pen. Code, §  
            3550, subd. (a).)

          7)States that medical parole shall not apply to any prisoner  
            sentenced to death or LWOP or to any inmate who is serving a  
            sentence for which medical parole is prohibited by any  
            initiative statute.  (Pen. Code, § 3550, subd. (b).)

          8)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.  (Pen. Code, § 3550, subd. (c).)

          9)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  








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            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.  (Pen. Code, § 3550, subd. (d).)

          10)Requires CDCR to complete parole plans for inmates referred  
            to BPH for medical parole consideration.  The parole plans  
            shall include, but not be limited to, the inmate's plan for  
            residency and medical care.  (Pen. Code, § 3550, subd. (e).)

          11)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.  (Pen. Code,  
            § 3550, subd. (f).)

          12)Requires 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.   
            (Pen. Code, § 3550, subd. (g).)

          13)Authorizes the board 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 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  








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            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.  (Pen. Code, § 3550, subd. (h).)

          14)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.  (Pen. Code, § 3550, subd.  
            (i).)

          15)Requires CDCR to give notice at least 30 days' notice, or as  
            soon as feasible, to the county of commitment, and the  
            proposed county of release if applicable, of any medical  
            parole hearing or any medical parole release.  (Pen. Code, §  
            3550, subd. (k).)

          16)Provides that the penalty for a defendant found guilty of  
            murder in the first degree, with a finding of one of the  
            enumerated special circumstances, is death or LWOP.  Includes  
            first degree murder of a peace officer, as specified, as one  
            of the enumerated special circumstances. (Pen. Code, § 190.2,  
            subd. (a)(7).)





          FISCAL EFFECT:  Unknown













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          COMMENTS: 



          1)Author's Statement:  According to the author, "The original  
            compassionate release legislation (SB 1399 from 2010) was  
            intended to prohibit compassionate release for anyone  
            convicted of murder against an officer - as it prohibited  
            compassionate release for anyone serving a death sentence, or  
            sentence of life without the possibility of parole.

            "However, there was a multi-year period in the 1970s where  
            California had neither a death penalty nor a sentence of life  
            without the possibility of parole available. For that period  
            of time, persons convicted of first degree murder of a police  
            officer were sentenced to life with parole.

            "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:  To be eligible for compassionate  
            release, a prisoner must be "terminally ill with an incurable  
            condition caused by an illness or disease that would produce  
            death within six months, as determined by a physician employed  
            by [CDCR]."  (Pen. Code, § 1170, subd. (e)(2)(A).)  The court  
            must also make a finding that the conditions under which the  
            prisoner would be released or receive treatment do not pose a  
            threat to public safety.  (Pen. Code, § 1170, subd.  
            (e)(2)(B).) Compassionate release may also be available to a  
            prisoner who is permanently incapacitated by a medical  
            condition and unable to perform activities of daily living,  
            requiring 24-hour care.  (Pen. Code, § 1170, subd. (e)(2)(C).)  
            The prisoner is ineligible if he or she is sentenced to death  
            or a term of LWOP. (Ibid.) 









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          If the secretary of CDCR determines that the prisoner satisfies  
            the criteria for recall of his or her sentence, the secretary  
            or BPH may recommend to the court that the sentence be  
            recalled. At its next lawfully noticed meeting, BPH must  
            consider this information and make an independent judgment and  
            related findings before rejecting the request or making a  
            recommendation to the court.  (Pen. Code, § 1170, subd.  
            (e)(6).) Any recommendation for recall of the inmate's  
            sentence submitted to the court shall include one or more  
            medical evaluations, a postrelease plan, and findings  
            regarding the prisoner's eligibility for release.  (Pen. Code,  
            § 1170, subd. (e)(7).) Within 10 days of receipt of a positive  
            recommendation, the court must hold a hearing to consider  
            whether recall is appropriate.  (Pen. Code, § 1170, subd.  
            (e)(3).)  If possible, the matter must be heard by the judge  
            who sentenced the prisoner. (Pen. Code, § 1170, subd. (e)(8).)  
            If the court grants recall of the prisoner's sentence, the  
            prisoner must be released within 48 hours of receipt of the  
            court's order, unless the inmate agrees to a longer time  
            period.  (Pen. Code, § 1170, subd. (e)(9).)

          Due to its stringent criteria and lengthy process, the number of  
            prisoners released on compassionate release is quite low.   
            From 2007 through the first ten months of 2013, CDCR received  
            488 requests for compassionate release, of which 99 were  
            approved.  In 2012, 97 applications for compassionate release  
            were submitted to CDCR for review; 35 were approved and  
            advanced to the sentencing court; 13 sentences were recalled  
            by judges, clearing the way for release. 27 cases were never  
            completed due to withdrawal, death, or not meeting the  
            criteria.  (McNichol, Final Requests (Jan. 2014) California  
            Lawyer, at pp. 18-21.)  
           
          3)Medical Parole:  In 2010, California's medical parole law was  
            signed into law.  (SB 1399 (Leno), Chapter 405, Statutes of  
            2010.)  The law applies to those inmates who have been  
            declared 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  








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            to perform activities of basic daily living, and results in  
            the prisoner requiring 24-hour care.  BPH must also make a  
            determination that the conditions under which the prisoner  
            would be released would not reasonably pose a threat to public  
            safety. 

          The Legislature crafted SB 1399 to address some of the  
            shortcomings of the compassionate release statute (Pen. Code,  
            § 1170, subd. (e)). (Assem. Com. on Public Safety, Analysis of  
            Sen. Bill No. 1399 (2009-10 Reg. Sess.) as amended June 23,  
            2014.)  Unlike compassionate release which requires the court  
            to recall the sentence, medical parole creates an alternative  
            procedure that permits these inmates to be placed on parole  
            supervision under conditions determined by the parole board,  
            and allows parole to be revoked if for any reason the  
            parolee's condition changes and creates a danger to the  
            public. 

          The purpose of the medical parole law was to alleviate some of  
            the financial burden facing CDCR in caring for inmates  
            suffering from certain medical conditions.  According to the  
            background information provided by the author's office for SB  
            1399:

            "SB 1399 will medically parole, the sickest of the sick.  And  
            although this would only apply to a handful of inmates, these  
            inmates are by far the most costly in the system.  The average  
            cost for an inmate placed in a correctional treatment center  
            bed is $10,604.  When you add the costs of medical guarding  
            and transportation to that (patients in this setting normally  
            average one to three outside medical visits with hospital  
            transportation and two correctional officers at the hourly  
            rate, plus benefits) the figure rises to $114,395 dollars per  
            inmate.  The Federal Receiver has identified 11 inmates as  
            extremely incapacitated and housed within the prison system in  
            correctional treatment center beds with medical bills  
            averaging over $114,000 each per year.

            "An additional 21 inmates are housed at an even higher rate to  








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            the taxpayer in nursing facilities or hospitals outside of the  
            prison facility.  These type of beds average a cost of $3,500  
            per day.  When you add the guarding costs to that (two  
            correctional officers per shift, three shifts per day,  
            straight time plus benefits) the number jumps to $5,406 a day.  
             So the total cost for a single inmate in this type of  
            treatment setting is nearly $2 million - $1,973,252.  This  
            means that the state has paid a total of $41.4 million a year  
            for just 21 individuals who would most likely qualify as  
            medical parole candidates under this legislation due to their  
            severe medical condition as evidenced by the exorbitant costs  
            of their medical care. 

            "Finally, there is one more type of bed, the hospice bed.  For  
            inmates dying in this type of medical setting, the costs of a  
            physician assistant, registered nurse, office assistant, and  
            clinical social worker total nearly $2 million per hospice bed  
            - $1,868,232.  CDCR has 17 hospice beds currently within the  
            system at a price of $31,759,944 - nearly $32 million dollars  
            a year. 

            "By eliminating the requirement for 24-hour guard care at  
            health facilities, a medical parole program could save the  
            state millions just in custody and transportation costs alone.  
             According to the State Auditor, between 2003 and 2008,  
            medical guard time accounted for 24% of the prison system's  
            total guard overtime.  Spending for guard costs has increased  
            by $66 million since 2003.  The price for two correctional  
            officers to guard a single inmate at an outside nursing  
            facility has been reported to be $2,317 a day.  The guard  
            price for the inmate during a six-month period was $410,000.   
            That's nearly equal to actual cost of medical care provided to  
            the inmate during the same timeframe which totaled an  
            additional $421,000.  We can assume that for every inmate we  
            send out into the community for special treatment, we are  
            nearly doubling the taxpayer burden for the cost of their  
            incarceration. 

            "Incarcerated inmates, regardless of their medical condition,  








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            are not eligible to receive any federally funded medical care.  
             However, these restrictions do not apply to persons on  
            parole, meaning that SB 1399 would allow the State to receive  
            federal reimbursement for a significant portion of the costs  
            associated with inmates eligible to be placed on medical  
            parole. 

            "Currently, prisoners who are suffering from severe medical  
            incapacitation are treated in correctional treatment center  
            beds, outside hospital patient beds, or hospice beds; the  
            price tag for which starts at nearly $115,000 a year for the  
            lowest level treatment setting of the three options.  Now,  
            taking that into account, imagine the savings that could be  
            realized given that the average annual cost of Medi-Cal  
            fee-for-service skilled nursing care is only about $60,000.   
            Of course, the cost of skilled nursing varies significantly  
            depending on the acuity level of patients and it's likely that  
            terminally ill patients on average would have greater care  
            needs and thus have a higher average cost; nevertheless, the  
            Medi-Cal cost share is 50-percent state and 50-percent federal  
            meaning the state would only pay half one-the costs of caring  
            for a parolee being treated in the community if he or she  
            qualified for Medi-Cal.  Further, it is conceivable that many  
            of these inmates will qualify for Medicare which is entirely  
            funded by the federal government."  (Assem. Com. on Public  
            Safety, Analysis of Sen. Bill No. 1399, supra, pp. 5-7.)
          4)Parole Suitability:  The California Supreme Court has held  
            that parole suitability cannot be based solely on the nature  
            of the crime.  (In re Lawrence (2008) 44 Cal.4th 1181, 1221.)   
            Parole suitability must be based on an evaluation of several  
            factors to determine the current dangerousness to the public.  
            (Ibid.)  The nature of the crime is merely a consideration in  
            parole suitability and in the context of medical parole, BPH  
            can consider that factor along with whether the prisoner is  
            eligible due to his or her medical condition; and whether his  
            or her parole would pose a reasonable public safety risk in  
            making its decision.

          SB 6 excludes prisoners from medical parole based solely on the  








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            nature of the crime. This is contrary to the purpose of the  
            medical parole law and contrary to the law on parole  
            suitability in general.  While the rationale to exclude this  
            particular category of inmates is based on parity because an  
            inmate sentenced to first degree murder of a peace officer  
            today would receive a sentence of either LWOP or death, thus  
            making the inmate ineligible for medical parole, it also  
            creates a new precedent of excluding certain prisoners from  
            medical parole based solely on the nature of the offense.   
            This could lead to new categories of exclusion in the future  
            which would further erode the medical parole law.

          5)Ex Post Facto Concerns:  Both the United States Constitution  
            and the California Constitution prohibit ex post facto laws.   
            (U.S. Const. art. I, Section 10; Cal. Const. art. I, Section  
            9.)  "[T]wo critical elements must be present for a criminal  
            or penal law to be ex post facto:  it must be retrospective,  
            that is, it must apply to events occurring before its  
            enactment, and it must disadvantage the offender affected by  
            it." (Weaver v. Graham (1981) 450 U.S. 24, 29.) The purpose of  
            the prohibition against ex post facto laws is to ensure due  
            process through fair notice of the conduct that constitutes a  
            crime and the punishment that may be imposed for a crime. (In  
            re Rosenkrantz (2002) 29 Cal.4th 616, 638.)  

          Although courts have held that certain changes to parole violate  
            the ex post facto rule (see In re Thomson (1980) 104 C.A.3d  
            950, 954; In re Bray (1979) 97 C.A.3d 506, 510 [increase in  
            length of parole term violates ex post facto]), procedural  
            changes in the parole system are generally not ex post facto  
            violations (see California Dept. of Corrections v. Morales  
            (1995) 514 U.S. 499 [changes to parole procedures allowing a  
            state parole board to decrease the frequency of parole  
            suitability hearings under certain circumstances does not  
            violate the Ex Post Facto Clause]).  Whether a change in  
            parole procedures violates ex post facto principles requires  
            consideration of whether there is a significant risk the  
            change will prolong a prisoner's incarceration.  (In re Vicks  
            (2013) 56 Cal.4th 274, 300.)  








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          In Morales, supra, the United States Supreme Court considered  
            California's 1981 increase in the potential deferral period  
            between parole suitability hearings.  Specifically, the  
            amended statute authorized the Board to defer subsequent  
            suitability hearings for up to three years if the prisoner has  
                                                                                       been convicted of more than one offense which involves the  
            taking of a life and if the Board finds that it is not  
            reasonable to expect that parole would be granted at a hearing  
            during the following years and states the bases for the  
            finding.  (Morales, supra, 514 U.S. at p. 503.)  After  
            evaluating whether the change would violate ex post facto  
            principles, the Supreme Court concluded that the Board's new  
            authority to defer hearings created only a speculative  
            possibility of increasing a prisoner's punishment because:   
            (1) the amendment applied only to a class of prisoners for  
            whom the likelihood of release on parole is remote; and, (2)  
            only after the Board had concluded at the initial parole  
            hearing that the prisoner was not suitable for parole and it  
            was not reasonable to expect that the prisoner would be  
            suitable for parole in a year would the timing of a prisoner's  
            hearings be affected.  (Id. at pp. 510-511.) 

          Similarly, in Vicks, supra, the California Supreme Court  
            considered whether the increase in the period of time between  
            parole hearings established by Marsy's Law violated the Ex  
            Post Facto Clause by creating a significant risk of prolonged  
            incarceration.  Marsy's Law (enacted by Proposition 9,  
            approved by California voters in 2008) increased the time  
            between parole hearings.  The default period between hearings  
            became 15 years, absent a finding by BPH that there is a  
            reasonable likelihood the prisoner would be suitable for  
            parole at an earlier hearing.  In evaluating Vicks' ex post  
            facto challenge, the Court compared his case to Weaver, supra,  
            where the United States Supreme Court found an ex post facto  
            violation where there was a reduction in the rate at which the  
            prisoner accumulated credit for good behavior in prison  
            because the reduction was a lost opportunity for release.   
            (Weaver, supra, 450 U.S. 24 at pp. 35-36.)  In contrast to the  








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            change considered in Weaver, Marsy's Law did not alter the  
            criteria for obtaining release.  The court found that Vicks  
            had not lost an opportunity for earlier release because there  
            is no reasonable likelihood that he would be suitable for  
            parole earlier than the hearing date he was assigned, which  
            was five years.  (Vicks, supra, 56 Cal.4th at p. 312.)

          Recently, the Ninth Circuit Court of Appeals took up the issue  
            of whether Propositions 9 and 89 violated the Ex Post Facto  
            Clause. (Gilman v. Brown (9th Cir. 2016) 814 F.3d 1007.)   
            Proposition 9 is discussed in the Vicks case.  Proposition 89,  
            approved by California voters in 1988, amended the California  
            Constitution to grant the Governor 30 days to affirm, modify,  
            or reverse decisions of BPH.  Prior to the passage of  
            Proposition 89, BPH had the exclusive power to make parole  
            decisions.  The Court weighed whether the changes in law  
            effected by these Propositions, which applied retroactively to  
            the defendant who was convicted prior to the passage of the  
            Propositions, created a "significant risk of a higher  
            sentence." (Id. at 1015.)  As to the defendant's challenge to  
            Proposition 89, the Court held that the change in law as  
            applied to the defendant did not violate the Ex Post Facto  
            Clause because he could not show that he would have received  
            parole before the enactment of Proposition 89.  The Court  
            stated that the law did not change the factors used to  
            determine whether a person would receive parole, rather, it  
            changed who would ultimately make the decision.  (Id. at  
            1016.)

            As to defendant's challenge to Proposition 9, the Court,  
            similar to the rationale used in Vicks, pointed out that "in  
            reviewing decisions of state parole authorities for potential  
            Ex Post Facto Clause issues, the question is not whether  
            'discretion is been changed in its exercise' by changes in  
            parole procedures, but whether discretion 'will not be  
            exercised at all.'" (Gilman, supra, 814 F.3d at 1007, quoting  
            Garner v. Jones (529 U.S. 244, 254).)  The Court found that  
            Proposition 9 did not require BPH to engage in a "categorical  
            exemption" and held that the change in law did not violate the  








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            Ex Post Facto Clause as applied to the defendant. (Id. at  
            1020.)



            In Morales and Vicks BPH retained discretion to expedite the  
            parole hearing sooner than the established deferral times if  
            there was a reasonable likelihood that the prisoner would be  
            suitable for parole prior to the date of the established  
            hearing.  Also, in Gilman, while the Court held that an Ex  
            Post Facto claim cannot be successful if based on a  
            speculative, attenuated risk of affecting a priosner's actual  
            term of imprisonment, the Court again made note that the Ex  
            Post Facto Clause is violated when BPH retains its discretion,  
            rather than being required to engage in a categorical  
            exemption from parole.  (Gilman, supra, 814 F.3d at 1007.)  

            Unlike Morales, Vicks and Gilman, SB 6 removes discretion from  
            BPH by stating that categorically prisoners who have committed  
            first degree murder of a peace officer is ineligible for  
            medical parole or compassionate release.  SB 6 will increase a  
            prisoner's incarceration by altering the criteria for release  
            so a prisoner who is currently eligible for medical parole or  
            compassionate release would no longer be eligible if SB 6  
            becomes law.  Thus, similar to Weaver, this change can be  
            viewed as a lost opportunity for a prisoner who may be  
            eligible for medical parole or compassionate release prior to  
            passage of this bill.

            While it would be speculative to argue that Mr. Youngberg (the  
            inmate referenced in the author's statement) would have been  
            released but for this law, it may be violate the Ex Post Facto  
            Clause as applied to another prisoner.  In fact, Mr. Youngberg  
            applied for medical parole in 2012 and BPH denied his  
            application, thus similar to Gilman, it cannot be shown that  
            he would have received medical parole but for this law.  This  
            Committee has been informed by CDCR that Mr. Youngberg died  
            shortly after he was denied medical parole. When asked how  
            many other inmates would be affected by SB 6's provisions,  








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            CDCR could not provide data because the Penal Code section  
            related to first-degree murder covers all first degree murder,  
            not just those involving a peace officer victim.  If there are  
            any other inmates who would be affected by this legislation,  
            they may still challenge the SB 6 if it becomes law as  
            violating the Ex Post Facto Clause as applied to them.
          6)Proposed Amendments: This bill is being heard as proposed to  
            be amended. The amendments are technical in nature and  
            intended to clarify that the exclusion applies to those who  
            would be convicted of first degree murder with special  
            circumstances which carries a penalty of either LWOP or death  
            in order to accomplish the bill's stated purpose of covering  
            only those inmates who were sentenced to first degree murder  
            of a peace officer between 1972 and 1977 when the death  
            penalty was not an available sentence because it was declared  
            to be unconstitutional.  The sentence of LWOP in these types  
            of cases was also not available until 1977.
          
          7)Argument in Support:  According to California Narcotic  
            Officers' of California, the sponsor of this bill, "Senate  
            Bill 6 will close a loophole that currently exists in  
            California's Medical Parole and Compassionate Release laws.   
            When Medical Parole and Compassionate Release were first  
            enacted, that law contained within its provisions language  
            that specifically exempted persons who had been sentenced to  
            death or persons who had been sentenced to life in prison  
            without the possibility of parole.

          "The clear intent of this provision was to assure that persons  
            who had committed the most serious of crimes would not be  
            eligible for Medical Parole.  The challenge is that, unknown  
            when the law was first enacted, from 1972 through 1977  
            California had neither a death penalty nor a sentence of life  
            in prison without the possibility of parole.  What this meant  
            is that persons who committed first degree murder of peace  
            officers in the line of duty during that period - a crime that  
            would result in a sentence of death or life without  
            possibility of parole at any other time in California history  
            - were eligible for Medical Parole or Compassionate Release."








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          8)Argument in Opposition:  According to the American Civil  
            Liberties Union, "Under existing law, in order to be granted  
            medical parole, an inmate must be deemed 'medically  
            incapacitated, with a medical condition that renders him or  
            her permanently unable to perform activities of basic daily  
            living, and results in the prison requiring 24-hour care.'  
            (P.C.§3550, subd. (a).) The intent of medical parole is to  
            release inmates who require twenty-four hour care at huge  
            expense to the State. An inmate living in a persistent  
            vegetative state or otherwise medically incapacitated is not  
            likely to pose a threat to public safety, yet the state is  
            responsible for around-the-clock in-custody care at a cost of  
            thousands of dollars per week.

            "Moreover, current law simply allows an inmate to petition  
            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 circumstances,  
            including the offense the person committed.  Given that 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.  
            If an inmate meets the requirements specified in the law, he  
            or she should be eligible for release."

          9)Prior Legislation:

             a)   SB 1284 (Galgiani), of the 2013-2014 Legislative  
               Session, was substantially similar to this bill.  SB 1284  
               died in this Committee.

             b)   AB 353 (Brown), of the 2013-2014 Legislative Session,  
               was substantially similar to this bill.  AB 353 died in  
               this Committee.

             c)   SB 1399 (Leno), Chapter 405, Statutes of 2010,  
               established California's medical parole law. 








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             d)   AB 1539 (Krekorian), Chapter 740, Statutes of 2007,  
               established criteria and procedure for which a state   
               prisoner may have his or her sentence recalled and be  
               re-sentenced if he or she is diagnosed with a disease that  
               would produce death within six months or is permanently  
               medically incapacitated and whose release is deemed not to  
               threaten public safety. 

             e)   SB 1547 (Romero), of the 2005-06 Legislative Session,  
               would have required CDCR to establish programs that would  
               parole geriatric and medically incapacitated inmates who no  
               longer pose a threat to the public safety.  SB 1547 failed  
               passage on the Assembly floor.

             f)   AB 1946 (Steinberg), of the 2003-04 Legislative Session,  
               would have provided that terminally ill or medically  
               incapacitated prisoners, as specified, are eligible to  
               apply to have their sentences recalled and to be  
               re-sentenced; and made legislative findings that programs  
               should be available for inmates that are designed to  
               prepare nonviolent felony offenders for successful reentry  
               into the community.  AB 1946 was vetoed by the Governor.

             g)   AB 29 (Villaraigosa), Chapter 751, Statutes of 1997,  
               established a procedure whereby a court may have the  
               discretion to re-sentence or recall a sentence if a  
               prisoner is terminally ill with an incurable condition  
               caused by an illness or disease that would produce death  
               within six months

          REGISTERED SUPPORT / OPPOSITION:





          Support









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          California Narcotic Officers' Association (Sponsor)


          California Association of Code Enforcement Officers


          California Association of Highway Patrolmen


          California College and University Police Chiefs Association


          California Correctional Supervisors Organization 


          California District Attorneys Association


          California Peace Officers' Association 


          California Police Chiefs Association


          California State Sheriffs' Association


          Fraternal Order of Police


          Los Angeles County Professional Peace Officers Association


          Los Angeles Deputy Sheriffs









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          Los Angeles Police Protective League


          Peace Officers Research Association of California


          Riverside State Sheriffs Association





          Opposition


          


          American Civil Liberties Union of California


          California Attorneys for Criminal Justice





          Analysis Prepared by:Stella Choe / PUB. S. / (916)  
          319-3744

















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