BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 6|
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UNFINISHED BUSINESS
Bill No: SB 6
Author: Galgiani (D), et al.
Amended: 8/19/16
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
SENATE FLOOR: 35-1, 1/27/16
AYES: Anderson, Bates, Beall, Block, Cannella, De León,
Fuller, Gaines, Galgiani, Glazer, Hall, Hernandez, Hertzberg,
Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, McGuire,
Mendoza, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan,
Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NOES: Hancock
NO VOTE RECORDED: Allen, Berryhill, Liu, Mitchell
ASSEMBLY FLOOR: 78-0, 8/23/16 - See last page for vote
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.
Assembly Amendments make technical changes.
ANALYSIS:
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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
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
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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
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
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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).)
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).)
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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).)
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
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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 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
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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
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 Assembly Appropriations Committee, 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
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.
SUPPORT: (Verified8/23/16)
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
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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 District Attorney's Office
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Peace Officers Research Association
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
OPPOSITION: (Verified8/23/16)
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
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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
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.
ASSEMBLY FLOOR: 78-0, 8/23/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
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Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Gordon, Gray
Prepared by:Mary Kennedy / PUB. S. /
8/23/16 20:14:26
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