Senate BillNo. 955


Introduced by Senator Beall

February 4, 2016


An act to amend Sections 1026 and 2968 of the Penal Code, and to add Section 4146 to the Welfare and Institutions Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

SB 955, as introduced, Beall. State hospital commitment: compassionate release.

Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, public or private treatment facility, or place him or her on outpatient status, as specified. Existing law requires the Director of State Hospitals to notify the Board of Parole Hearings, and requires the State Department of State Hospitals to discontinue treating a parolee, if the prisoner’s severe mental disorder is put into remission during the parole period, and can be kept in remission. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety.

This bill would establish similar release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or has a severe mental disorder. The bill would require the Director of State Hospitals to notify the Board of Parole Hearings, and would require the State Department of State Hospitals to discontinue treating a parolee, if the prisoner meets the criteria established by the bill for release from the state hospital. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1026 of the Penal Code is amended to
2read:

3

1026.  

(a) When a defendant pleads not guilty by reason of
4insanity, and also joins with it another plea or pleas, the defendant
5shall first be tried as if onlybegin delete suchend deletebegin insert thoseend insert other plea or pleas had been
6entered, and in that trial the defendant shall be conclusively
7presumed to have been sane at the time the offense is alleged to
8have been committed. If the jurybegin delete shall findend deletebegin insert findsend insert the defendant
9guilty, or if the defendant pleads only not guilty by reason of
10 insanity, then the question whether the defendant was sane or
11insane at the time the offense was committed shall be promptly
12tried, either before the same jury or before a new jury in the
13discretion of the court. In that trial, the jury shall return a verdict
14either that the defendant was sane at the time the offense was
15committed or was insane at the time the offense was committed.
16If the verdict or finding is that the defendant was sane at the time
17the offense was committed, the court shall sentence the defendant
18as provided by law. If the verdict or findingbegin delete beend deletebegin insert isend insert that the defendant
19was insane at the time the offense was committed, the court, unless
20itbegin delete shall appearend deletebegin insert appearsend insert to the court that the sanity of the defendant
21has been recovered fully, shall direct that the defendant be
22committed to the State Department of State Hospitals for the care
23and treatment of the mentally disordered or any other appropriate
24public or private treatment facility approved by the community
25program director, or the court may order the defendant placed on
26outpatient status pursuant to Title 15 (commencing with Section
271600) of Part 2.

P3    1(b) Prior to making the order directing that the defendant be
2committed to the State Department of State Hospitals or other
3treatment facility or placed on outpatient status, the court shall
4order the community program director or a designee to evaluate
5the defendant and to submit to the court within 15 judicial days of
6the order a written recommendation as to whether the defendant
7should be placed on outpatient status or committed to the State
8Department of State Hospitals or other treatment facility.begin delete Noend deletebegin insert Aend insert
9 person shallbegin insert notend insert be admitted to a state hospital or other treatment
10facility or placed on outpatient status under this section without
11having been evaluated by the community program director or a
12designee. If, however, it appears to the court that the sanity of the
13defendant has been recovered fully, the defendant shall be
14remanded to the custody of the sheriff until the issue of sanitybegin delete shall
15haveend delete
begin insert hasend insert been finally determined in the manner prescribed by law.
16A defendant committed to a state hospital or other treatment facility
17or placed on outpatient status pursuant to Title 15 (commencing
18with Section 1600) of Part 2 shall not be released from
19confinement, parole, or outpatient status unless and until the court
20begin delete whichend deletebegin insert thatend insert committed thebegin delete person shall,end deletebegin insert person,end insert after notice and
21hearing,begin delete findend deletebegin insert findsend insert andbegin delete determineend deletebegin insert determinesend insert that the person’s
22sanity has beenbegin delete restored.end deletebegin insert restored, or meets the criteria for release
23pursuant to Section 4146 of the Welfare and Institutions Code.end insert

24 Nothing in this sectionbegin delete shall preventend deletebegin insert preventsend insert the transfer of the
25patient from one state hospital to any other state hospital by proper
26authority. Nothing in this sectionbegin delete shall preventend deletebegin insert preventsend insert the transfer
27of the patient to a hospital in another state in the manner provided
28in Section 4119 of the Welfare and Institutions Code.

29(c) If the defendant is committed or transferred to the State
30Department of State Hospitals pursuant to this section, the court
31may, upon receiving the written recommendation of the medical
32director of the state hospital and the community program director
33that the defendant be transferred to a public or private treatment
34facility approved by the community program director, order the
35defendant transferred to that facility. If the defendant is committed
36or transferred to a public or private treatment facility approved by
37the community program director, the court may, upon receiving
38the written recommendation of the community program director,
39order the defendant transferred to the State Department of State
40Hospitals or to another public or private treatment facility approved
P4    1by the community program director.begin delete Whereend deletebegin insert Ifend insert either the defendant
2or the prosecuting attorney chooses to contest either kind of order
3of transfer, a petition may be filed in the court requesting abegin delete hearingend delete
4begin insert hearing, end insert which shall be held if the court determines that sufficient
5grounds exist. At that hearing, the prosecuting attorney or the
6 defendant may present evidence bearing on the order of transfer.
7The court shall use the same procedures and standards of proof as
8used in conducting probation revocation hearings pursuant to
9Section 1203.2.

10(d) Prior to making an order for transfer under this section, the
11court shall notify the defendant, the attorney of record for the
12defendant, the prosecuting attorney, and the community program
13director or a designee.

14(e) When the court, after considering the placement
15recommendation of the community program director required in
16subdivision (b), orders that the defendant be committed to the State
17Department of State Hospitals or other public or private treatment
18facility, the court shall provide copies of the following documents
19prior to the admission of the defendant to the State Department of
20State Hospitals or other treatment facility where the defendant is
21to be committed:

22(1) The commitment order, including a specification of the
23charges.

24(2) A computation or statement setting forth the maximum term
25of commitment in accordance with Section 1026.5.

26(3) A computation or statement setting forth the amount of credit
27for time served, if any, to be deducted from the maximum term of
28commitment.

29(4) State summary criminal history information.

30(5) Any arrest reports prepared by the police department or other
31law enforcement agency.

32(6) Any court-ordered psychiatric examination or evaluation
33reports.

34(7) The community program director’s placement
35recommendation report.

36(8) Any medical records.

37(f) If the defendant is confined in a state hospital or other
38treatment facility as an inpatient, the medical director of the facility
39shall, at six-month intervals, submit a report in writing to the court
40and the community program director of the county of commitment,
P5    1or a designee, setting forth the status and progress of the defendant.
2The court shall transmit copies of these reports to the prosecutor
3and defense counsel.

4(g) For purposes of this section and Sections 1026.1 to 1026.6,
5inclusive, “community program director” means the person,
6agency, or entity designated by the State Department of State
7Hospitals pursuant to Section 1605 of this code and Section 4360
8of the Welfare and Institutions Code.

9

SEC. 2.  

Section 2968 of the Penal Code is amended to read:

10

2968.  

If the prisoner’s severe mental disorder is put into
11remission during the parole period, and can be kept in remission,
12begin insert or if the prisoner meets the criteria for release pursuant to Section
134146 of the Welfare and Institutions Code,end insert
the Director of State
14Hospitals shall notify the Board of Parole Hearings and the State
15Department of State Hospitals shall discontinue treating the
16parolee.

17

SEC. 3.  

Section 4146 is added to the Welfare and Institutions
18Code
, to read:

19

4146.  

(a) (1) A physician employed by the department who
20determines that a patient has six months or less to live shall notify
21the medical director and the patient advocate of the prognosis. If
22the medical director concurs with the diagnosis, he or she shall
23immediately notify the Director of State Hospitals. Within 72 hours
24of receiving notification, the director or the director’s designee
25shall notify the patient of the discharge procedures under this
26section and obtain the patient’s consent for discharge. The director
27or director’s designee shall arrange for the patient to designate a
28family member or other outside agent to be notified as to the
29patient’s medical condition, prognosis, and release procedures
30under this section. If the patient is unable to designate a family
31member or other outside agent, the director or the director’s
32designee shall contact any emergency contact listed, or the patient
33advocate if no contact is listed.

34(2) The director or the director’s designee shall provide the
35patient and his or her family member, agent, emergency contact,
36or patient advocate with updated information throughout the release
37process with regard to the patient’s medical condition and the
38status of the patient’s release proceedings, including the discharge
39plan.

P6    1(3) The patient or his or her family member or designee may
2contact the medical director or director at the state hospital where
3the patient is located or the Director of State Hospitals to request
4consideration for a recommendation from the director to the court
5that the patient’s commitment be dismissed and the patient released
6from the department facility.

7(4) Upon receipt of a notification or request pursuant to
8paragraph (1) or (3), respectively, if the Director of State Hospitals
9determines that a patient satisfies the criteria set forth in paragraph
10(5), the director may recommend to the court that the patient’s
11commitment be dismissed and the patient released from the
12department facility.

13(5) The court shall have the discretion to dismiss the
14commitment and release the patient if the court finds that the facts
15described in subparagraphs (A) and (B) or subparagraphs (B) and
16(C) exist:

17(A) The patient is terminally ill with an incurable condition
18caused by an illness or disease that would likely produce death
19within six months, as determined by a physician employed by the
20department.

21(B) The conditions under which the prisoner would be released
22or receive treatment do not pose a threat to public safety.

23(C) The patient is permanently medically incapacitated and
24requires 24-hour total care, and the medical director responsible
25for the patient’s care and the Director of State Hospitals both certify
26that the patient is incapable of receiving mental health treatment.

27(b) Within 10 days of receipt of a recommendation for release
28by the director, the court shall hold a noticed hearing to consider
29whether the patient’s commitment should be dismissed and the
30patient released.

31(c) A recommendation for dismissal submitted to the court shall
32include at least one medical evaluation, a discharge plan, a
33postrelease plan for the relocation and treatment of the patient,
34and the findings listed in paragraph (5) of subdivision (a). The
35 court shall order the medical director to send copies of all medical
36records reviewed in developing the recommendation to both of
37the following parties:

38(1) The district attorney of the county from which the patient
39was committed.

P7    1(2) The public defender of the county from which the patient
2was committed, or the patient’s private attorney, if one is available.

3(d) The matter shall be heard before the same court that
4originally committed the patient, if possible.

5(e) If the court approves the recommendation for dismissal and
6release, the patient’s commitment shall be dismissed and the patient
7shall be released by the department within 72 hours of receipt of
8the court’s order, unless a longer time period is requested by the
9director and approved by the court.

10(f) The director or his or her designee shall ensure that upon
11release, the patient has each of the following in his or her
12possession, or the possession of the patient’s representative:

13(1) A discharge plan.

14(2) A discharge medical summary.

15(3) Medical records.

16(4) Identification.

17(5) All necessary medications.

18(6) Any property belonging to the patient.

19(g) After discharge, any additional records shall be sent to the
20patient’s forwarding address.

21(h) The director may adopt regulations to implement this section.
22The adoption of regulations for the implementation of this section
23by the department is exempt from the Administrative Procedure
24Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
25Division 3 of Title 2 of the Government Code).



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