BILL NUMBER: SB 955 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2016
AMENDED IN SENATE MARCH 28, 2016
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:
SECTION 1. Section 1026 of the Penal Code is amended to read:
1026. (a) When a defendant pleads not guilty by reason of
insanity, and also joins with it another plea or pleas, the defendant
shall first be tried as if only those the
other plea or pleas had been entered, and in that trial the
defendant shall be conclusively presumed to have been sane at the
time the offense is alleged to have been committed. If the jury finds
the defendant guilty, or if the defendant pleads only not guilty by
reason of insanity, then the question whether the defendant was sane
or insane at the time the offense was committed shall be promptly
tried, either before the same jury or before a new jury in the
discretion of the court. In that trial, the jury shall return a
verdict either that the defendant was sane at the time the offense
was committed or was insane at the time the offense was committed. If
the verdict or finding is that the defendant was sane at the time
the offense was committed, the court shall sentence the defendant as
provided by law. If the verdict or finding is that the defendant was
insane at the time the offense was committed, the court, unless it
appears to the court that the sanity of the defendant has been
recovered fully, shall direct that the defendant be committed to the
State Department of State Hospitals for the care and treatment of the
mentally disordered or any other appropriate public or private
treatment facility approved by the community program director, or the
court may order the defendant placed on outpatient status pursuant
to Title 15 (commencing with Section 1600) of Part 2.
(b) Prior to making the order directing that the defendant be
committed to the State Department of State Hospitals or other
treatment facility or placed on outpatient status, the court shall
order the community program director or a designee to evaluate the
defendant and to submit to the court within 15 judicial days of the
order a written recommendation as to whether the defendant should be
placed on outpatient status or committed to the State Department of
State Hospitals or other treatment facility. A person shall not be
admitted to a state hospital or other treatment facility or placed on
outpatient status under this section without having been evaluated
by the community program director or a designee. If, however, it
appears to the court that the sanity of the defendant has been
recovered fully, the defendant shall be remanded to the custody of
the sheriff until the issue of sanity has been finally determined in
the manner prescribed by law. A defendant committed to a state
hospital or other treatment facility or placed on outpatient status
pursuant to Title 15 (commencing with Section 1600) of Part 2 shall
not be released from confinement, parole, or outpatient status unless
and until the court that committed the person, after notice and
hearing, finds and determines that the person's sanity has been
restored, or meets the criteria for release pursuant to Section 4146
of the Welfare and Institutions Code. Nothing in this section
prevents the transfer of the patient from one state hospital to any
other state hospital by proper authority. Nothing in this section
prevents the transfer of the patient to a hospital in another state
in the manner provided in Section 4119 of the Welfare and
Institutions Code.
(c) If the defendant is committed or transferred to the State
Department of State Hospitals pursuant to this section, the court
may, upon receiving the written recommendation of the medical
director of the state hospital and the community program director
that the defendant be transferred to a public or private treatment
facility approved by the community program director, order the
defendant transferred to that facility. If the defendant is committed
or transferred to a public or private treatment facility approved by
the community program director, the court may, upon receiving the
written recommendation of the community program director, order the
defendant transferred to the State Department of State Hospitals or
to another public or private treatment facility approved by the
community program director. If either the defendant or the
prosecuting attorney chooses to contest either kind of order of
transfer, a petition may be filed in the court requesting a hearing,
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same procedures and standards of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2.
(d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be committed to the State Department of
State Hospitals or other public or private treatment facility, the
court shall provide copies of the following documents prior to the
admission of the defendant to the State Department of State Hospitals
or other treatment facility where the defendant is to be committed:
(1) The commitment order, including a specification of the
charges.
(2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
(3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(4) State summary criminal history information.
(5) Any arrest reports prepared by the police department or other
law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(8) Any medical records.
(f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
(g) For purposes of this section and Sections 1026.1 to 1026.6,
inclusive, "community program director" means the person, agency, or
entity designated by the State Department of State Hospitals pursuant
to Section 1605 of this code and Section 4360 of the Welfare and
Institutions Code.
SEC. 2. Section 2968 of the Penal Code is amended to read:
2968. If the prisoner's severe mental disorder is put into
remission during the parole period, and can be kept in remission, or
if the prisoner meets the criteria for release pursuant to Section
4146 of the Welfare and Institutions Code, the Director of State
Hospitals shall notify the Board of Parole Hearings and the State
Department of State Hospitals shall discontinue treating the parolee.
SEC. 3. Section 4146 is added to the Welfare and Institutions
Code, to read:
4146. (a) (1) A physician employed by the department who
determines that a patient meets the criteria set forth in
subparagraph (A) or (C) of paragraph (5) shall notify the medical
director and the patient advocate of the prognosis. If the medical
director concurs with the diagnosis, he or she shall immediately
notify the Director of State Hospitals. Within 72 hours of receiving
notification, the director or the director's designee shall notify
the patient of the discharge procedures under this section and obtain
the patient's consent for discharge. The director or director's
designee shall arrange for the patient to designate a family member
or other outside agent to be notified as to the patient's medical
condition, prognosis, and release procedures under this section. If
the patient is unable to designate a family member or other outside
agent, the director or the director's designee shall contact any
emergency contact listed, or the patient advocate if no contact is
listed.
(2) The director or the director's designee shall provide the
patient and his or her family member, agent, emergency contact, or
patient advocate with updated information throughout the release
process with regard to the patient's medical condition and the status
of the patient's release proceedings, including the discharge plan.
A patient shall not be released unless the discharge plan
verifies placement for the patient upon release.
(3) The patient or his or her family member or designee may
contact the medical director or director at the state hospital where
the patient is located or the Director of State Hospitals to request
consideration for a recommendation from the director to the court
that the patient's commitment be dismissed for compassionate release
and the patient released from the department facility.
(4) Upon receipt of a notification or request pursuant to
paragraph (1) or (3), respectively, the Director of State Hospitals
may recommend to the court that the patient's commitment be dismissed
for compassionate release and the patient released from the
department facility.
(5) The court shall have the discretion to dismiss the commitment
for compassionate release and release the patient if the court finds
that the facts described in subparagraphs (A) and (B) or
subparagraphs (B) and (C) exist:
(A) The patient is terminally ill with an incurable condition
caused by an illness or disease that would likely produce death
within six months, as determined by a physician employed by the
department.
(B) The conditions under which the patient would be released or
receive treatment do not pose a threat to public safety.
(C) The patient is permanently medically incapacitated and
requires 24-hour total care, and the medical director responsible for
the patient's care and the Director of State Hospitals both certify
that the patient is incapable of receiving mental health treatment.
(b) Within 10 days of receipt of a recommendation for release by
the director, the court shall hold a noticed hearing to consider
whether the patient's commitment should be dismissed and the patient
released.
(c) A recommendation for dismissal submitted to the court shall
include at least one medical evaluation, a discharge plan, a
postrelease plan for the relocation and treatment of the patient, and
the findings listed in physician's and
medical director's determination that the patient meets the criteria
set forth in subparagraph (A) or (C) of paragraph (5) of
subdivision (a). The court shall order the medical director to send
copies of all medical records reviewed in developing the
recommendation to both of the following parties:
(1) The district attorney of the county from which the patient was
committed.
(2) The public defender of the county from which the patient was
committed, or the patient's private attorney, if one is available.
(d) The matter shall be heard before the same court that
originally committed the patient, if possible.
(e) If the court approves the recommendation for dismissal and
release, the patient's commitment shall be dismissed and the patient
shall be released by the department within 72 hours of receipt of the
court's order, unless a longer time period is requested by the
director and approved by the court.
(f) The director or his or her designee shall ensure that upon
release, the patient has each of the following in his or her
possession, or the possession of the patient's representative:
(1) A discharge plan.
(2) A discharge medical summary.
(3) Medical records.
(4) Identification.
(5) All necessary medications.
(6) Any property belonging to the patient.
(g) After discharge, any additional records shall be sent to the
patient's forwarding address.
(h) The director may adopt regulations to implement this section.
The adoption of regulations for the implementation of this section by
the department is exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Nothing in this section shall preclude a patient who is
released pursuant to this section from being committed to a state
hospital under the same commitment or another commitment.