BILL ANALYSIS Ó SB 6 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 6 (Galgiani) - As Amended June 27, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill 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. FISCAL EFFECT: It is impossible to determine a fiscal impact of this bill, or when the fiscal impact would occur. Due to the number of first degree murder cases, CDCR does not maintain statistical data on SB 6 Page 2 the number of murder victims that were of peace officers. They do know that there are seven inmates convicted between 1970 and 2007 for murder in the second degree of a peace officer; four of these inmates have sentences of life without the possibility of parole. Therefore, there are three known inmates who will be excluded from compassionate release or medical parole, but they may not requested either. However, inmates in either category are very expensive patients, their annual medical cost could be anywhere from $160,000 to over $1 million. COMMENTS: 1)Background. Under current law, 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. However, current law exempts from compassionate release a prisoner sentenced to death or a term of life without the possibility of parole. In 2015, BPH referred nine cases to the court for review, and eleven cases in each of the two prior years. Existing law also 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 BPH determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. However, medical parole does not apply to any prisoner sentenced to SB 6 Page 3 death or LWOP or to any inmate who is serving a sentence for which medical parole is prohibited by any initiative statute. In 2015, 20 cases were approved, 18 cases in 2014 and 8 cases in 2013. 2)Purpose. 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." 3)Comment. SB 6 excludes prisoners from medical parole based solely on the 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. The California Supreme Court has held that parole suitability cannot be based solely on the nature of the crime. Parole suitability must be based on an evaluation of several factors to determine the current dangerousness to the public. 4)Support. According to California Narcotic Officers' of California, the sponsor of this bill, "Senate Bill 6 will SB 6 Page 4 close a loophole that currently exists in California's Medical Parole and Compassionate Release laws. 5)Opposition. According to the American Civil Liberties Union, "The Board [of Parole Hearings] 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." Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081