BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 6  
          (Galgiani) - As Amended June 27, 2016


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          |Policy       |Public Safety                  |Vote:|7 - 0        |
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          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  








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          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  








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            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  








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            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