BILL ANALYSIS Ó SB 6 Page 1 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. SB 6 Page 2 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 SB 6 Page 3 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 SB 6 Page 4 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 SB 6 Page 5 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 SB 6 Page 6 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.) SB 6 Page 7 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 SB 6 Page 8 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 SB 6 Page 9 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, SB 6 Page 10 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 SB 6 Page 11 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.) SB 6 Page 12 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 SB 6 Page 13 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 SB 6 Page 14 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, SB 6 Page 15 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." SB 6 Page 16 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. SB 6 Page 17 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 SB 6 Page 18 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 SB 6 Page 19 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 SB 6 Page 20