Amended in Senate April 4, 2016

Amended in Senate March 28, 2016

Senate BillNo. 955


Introduced by Senator Beall

(Coauthor: Senator Hancock)

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 amended, 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 compassionate 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 patient 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 thoseend deletebegin insert theend 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 jury finds the defendant guilty, or if
9the defendant pleads only not guilty by reason of insanity, then
10the question whether the defendant was sane or insane at the time
11the offense was committed shall be promptly tried, either before
12the same jury or before a new jury in the discretion of the court.
13In that trial, the jury shall return a verdict either that the defendant
14was sane at the time the offense was committed or was insane at
15the time the offense was committed. If the verdict or finding is
16that the defendant was sane at the time the offense was committed,
17the court shall sentence the defendant as provided by law. If the
18verdict or finding is that the defendant was insane at the time the
19offense was committed, the court, unless it appears to the court
20that the sanity of the defendant has been recovered fully, shall
21direct that the defendant be committed to the State Department of
22State Hospitals for the care and treatment of the mentally
23disordered or any other appropriate public or private treatment
P3    1facility approved by the community program director, or the court
2may order the defendant placed on outpatient status pursuant to
3Title 15 (commencing with Section 1600) of Part 2.

4(b) Prior to making the order directing that the defendant be
5committed to the State Department of State Hospitals or other
6treatment facility or placed on outpatient status, the court shall
7order the community program director or a designee to evaluate
8the defendant and to submit to the court within 15 judicial days of
9the order a written recommendation as to whether the defendant
10should be placed on outpatient status or committed to the State
11Department of State Hospitals or other treatment facility. A person
12shall not be admitted to a state hospital or other treatment facility
13or placed on outpatient status under this section without having
14been evaluated by the community program director or a designee.
15If, however, it appears to the court that the sanity of the defendant
16has been recovered fully, the defendant shall be remanded to the
17custody of the sheriff until the issue of sanity has been finally
18determined in the manner prescribed by law. A defendant
19committed to a state hospital or other treatment facility or placed
20on outpatient status pursuant to Title 15 (commencing with Section
211600) of Part 2 shall not be released from confinement, parole, or
22outpatient status unless and until the court that committed the
23person, after notice and hearing, finds and determines that the
24person’s sanity has been restored, or meets the criteria for release
25pursuant to Section 4146 of the Welfare and Institutions Code.
26Nothing in this section prevents the transfer of the patient from
27one state hospital to any other state hospital by proper authority.
28Nothing in this section prevents the transfer of the patient to a
29hospital in another state in the manner provided in Section 4119
30of the Welfare and Institutions Code.

31(c) If the defendant is committed or transferred to the State
32Department of State Hospitals pursuant to this section, the court
33may, upon receiving the written recommendation of the medical
34director of the state hospital and the community program director
35that the defendant be transferred to a public or private treatment
36facility approved by the community program director, order the
37defendant transferred to that facility. If the defendant is committed
38or transferred to a public or private treatment facility approved by
39the community program director, the court may, upon receiving
40the written recommendation of the community program director,
P4    1order the defendant transferred to the State Department of State
2Hospitals or to another public or private treatment facility approved
3by the community program director. If either the defendant or the
4prosecuting attorney chooses to contest either kind of order of
5transfer, a petition may be filed in the court requesting a hearing,
6which shall be held if the court determines that sufficient grounds
7exist. At that hearing, the prosecuting attorney or the defendant
8may present evidence bearing on the order of transfer. The court
9shall use the same procedures and standards of proof as used in
10conducting probation revocation hearings pursuant to Section
111203.2.

12(d) Prior to making an order for transfer under this section, the
13court shall notify the defendant, the attorney of record for the
14defendant, the prosecuting attorney, and the community program
15director or a designee.

16(e) When the court, after considering the placement
17recommendation of the community program director required in
18subdivision (b), orders that the defendant be committed to the State
19Department of State Hospitals or other public or private treatment
20facility, the court shall provide copies of the following documents
21prior to the admission of the defendant to the State Department of
22State Hospitals or other treatment facility where the defendant is
23to be committed:

24(1) The commitment order, including a specification of the
25charges.

26(2) A computation or statement setting forth the maximum term
27of commitment in accordance with Section 1026.5.

28(3) A computation or statement setting forth the amount of credit
29for time served, if any, to be deducted from the maximum term of
30commitment.

31(4) State summary criminal history information.

32(5) Any arrest reports prepared by the police department or other
33law enforcement agency.

34(6) Any court-ordered psychiatric examination or evaluation
35reports.

36(7) The community program director’s placement
37recommendation report.

38(8) Any medical records.

39(f) If the defendant is confined in a state hospital or other
40treatment facility as an inpatient, the medical director of the facility
P5    1shall, at six-month intervals, submit a report in writing to the court
2and the community program director of the county of commitment,
3or a designee, setting forth the status and progress of the defendant.
4The court shall transmit copies of these reports to the prosecutor
5and defense counsel.

6(g) For purposes of this section and Sections 1026.1 to 1026.6,
7inclusive, “community program director” means the person,
8agency, or entity designated by the State Department of State
9Hospitals pursuant to Section 1605 of this code and Section 4360
10of the Welfare and Institutions Code.

11

SEC. 2.  

Section 2968 of the Penal Code is amended to read:

12

2968.  

If the prisoner’s severe mental disorder is put into
13remission during the parole period, and can be kept in remission,
14or if the prisoner meets the criteria for release pursuant to Section
154146 of the Welfare and Institutions Code, the Director of State
16Hospitals shall notify the Board of Parole Hearings and the State
17Department of State Hospitals shall discontinue treating the
18parolee.

19

SEC. 3.  

Section 4146 is added to the Welfare and Institutions
20Code
, to read:

21

4146.  

(a) (1) A physician employed by the department who
22determines that a patient meets the criteria set forth in subparagraph
23(A) or (C) of paragraph (5) shall notify the medical director and
24the patient advocate of the prognosis. If the medical director
25concurs with the diagnosis, he or she shall immediately notify the
26Director of State Hospitals. Within 72 hours of receiving
27notification, the director or the director’s designee shall notify the
28patient of the discharge procedures under this section and obtain
29the patient’s consent for discharge. The director or director’s
30designee shall arrange for the patient to designate a family member
31or other outside agent to be notified as to the patient’s medical
32 condition, prognosis, and release procedures under this section. If
33the patient is unable to designate a family member or other outside
34agent, the director or the director’s designee shall contact any
35emergency contact listed, or the patient advocate if no contact is
36listed.

37(2) The director or the director’s designee shall provide the
38patient and his or her family member, agent, emergency contact,
39or patient advocate with updated information throughout the release
40process with regard to the patient’s medical condition and the
P6    1status of the patient’s release proceedings, including the discharge
2plan.begin insert A patient shall not be released unless the discharge plan
3verifies placement for the patient upon release.end insert

4(3) The patient or his or her family member or designee may
5contact the medical director or director at the state hospital where
6the patient is located or the Director of State Hospitals to request
7consideration for a recommendation from the director to the court
8that the patient’s commitment be dismissed for compassionate
9release and the patient released from the department facility.

10(4) Upon receipt of a notification or request pursuant to
11paragraph (1) or (3), respectively, the Director of State Hospitals
12 may recommend to the court that the patient’s commitment be
13dismissed for compassionate release and the patient released from
14the department facility.

15(5) The court shall have the discretion to dismiss the
16commitment for compassionate release and release the patient if
17the court finds that the facts described in subparagraphs (A) and
18(B) or subparagraphs (B) and (C) exist:

19(A) The patient is terminally ill with an incurable condition
20caused by an illness or disease that would likely produce death
21within six months, as determined by a physician employed by the
22department.

23(B) The conditions under which the patient would be released
24or receive treatment do not pose a threat to public safety.

25(C) The patient is permanently medically incapacitated and
26requires 24-hour total care, and the medical director responsible
27for the patient’s care and the Director of State Hospitals both certify
28that the patient is incapable of receiving mental health treatment.

29(b) Within 10 days of receipt of a recommendation for release
30by the director, the court shall hold a noticed hearing to consider
31whether the patient’s commitment should be dismissed and the
32patient released.

33(c) A recommendation for dismissal submitted to the court shall
34include at least one medical evaluation, a discharge plan, a
35postrelease plan for the relocation and treatment of the patient,
36and thebegin delete findings listed inend deletebegin insert physician’s and medical director’s
37determination that the patient meets the criteria set forth in
38subparagraph (A) or (C) ofend insert
paragraph (5) of subdivision (a). The
39 court shall order the medical director to send copies of all medical
P7    1records reviewed in developing the recommendation to both of
2the following parties:

3(1) The district attorney of the county from which the patient
4was committed.

5(2) The public defender of the county from which the patient
6was committed, or the patient’s private attorney, if one is available.

7(d) The matter shall be heard before the same court that
8originally committed the patient, if possible.

9(e) If the court approves the recommendation for dismissal and
10release, the patient’s commitment shall be dismissed and the patient
11shall be released by the department within 72 hours of receipt of
12the court’s order, unless a longer time period is requested by the
13director and approved by the court.

14(f) The director or his or her designee shall ensure that upon
15release, the patient has each of the following in his or her
16possession, or the possession of the patient’s representative:

17(1) A discharge plan.

18(2) A discharge medical summary.

19(3) Medical records.

20(4) Identification.

21(5) All necessary medications.

22(6) Any property belonging to the patient.

23(g) After discharge, any additional records shall be sent to the
24patient’s forwarding address.

25(h) The director may adopt regulations to implement this section.
26The adoption of regulations for the implementation of this section
27by the department is exempt from the Administrative Procedure
28Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
29Division 3 of Title 2 of the Government Code).

30(i) Nothing in this section shall preclude a patient who is
31released pursuant to this section from being committed to a state
32hospital under the same commitment or another commitment.



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