Amended in Senate April 26, 2016

Amended in Senate April 4, 2016

Amended in Senate March 28, 2016

Senate Bill No. 955

Introduced by Senator Beall

(Coauthor: Senator Hancock)

February 4, 2016

An act to amend begin delete Sections 1026 and 2968 of end delete begin insert Section 1026 of, and to add Sections 1370.015 and 2977 to, end insert 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. begin delete 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. end delete 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. begin delete 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. end delete 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 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.

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1370.015 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1370.015. end insert   

A person in the care of the State Department of State
Hospitals because he or she is incompetent to stand trial may be
eligible for compassionate release pursuant to Section 4146 of the
Welfare and Institutions Code. In any case in which the criteria
for compassionate release apply, the State Department of State
Hospitals shall follow the procedures and standards in Section
4146 of the Welfare and Institutions Code to determine if the
department should recommend to the court that the person’s
commitment for treatment and the underlying criminal charges be
dismissed for compassionate release.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2977 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2977. end insert   

A person in the care of the State Department of State
Hospitals because he or she is a mentally disordered offender may
be eligible for compassionate release pursuant to Section 4146 of
the Welfare and Institutions Code. In any case in which the criteria
for compassionate release apply, the State Department of State
Hospitals shall follow the procedures and standards in Section
4146 of the Welfare and Institutions Code to determine if the
department should recommend to the court that the person’s
commitment be dismissed for compassionate release. This section
shall apply to persons committed for treatment during parole and
in any commitment made pursuant to Section 2970. If the person
for whom compassionate release is recommended is on parole,
notice shall be given to the Board of Parole Hearings.

end insert

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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

4146.  

(a) (1)  begin delete A end delete begin insert This section shall apply in cases where a
patient has been committed to the department as a mentally
disordered offender, because he or she was found not guilty by
reason of insanity, or because he or she was found incompetent
to stand trial or be adjudicated to punishment. end insert

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert 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.

begin delete

(b)

end delete

begin insert (c) end insert  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.

begin delete

(c)

end delete

begin insert (d) end insert  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 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 begin delete (a). end delete begin insert (b). end insert The court shall order the
medical director to send copies of all medical records reviewed in
developing the recommendation to begin delete both end delete begin insert all end insert of the following parties:

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

begin insert

(2) In the case of a mentally disordered offender on parole, the
district attorney of the county from which the patient was
committed to the state prison.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The public defender of the county from which the patient
was committed, or the patient’s private attorney, if one is available.

begin insert

(4) In the case of a mentally disordered offender on parole, the
public defender of the county from which the patient was committed
to the state prison, if one is available, or the patient’s private
attorney, if applicable.

end insert begin insert

(5) If the patient is a mentally disordered offender on parole,
the Board of Parole Hearings.

end insert begin insert

(6) If the patient is on mandatory supervision or postrelease
community supervision and has been found incompetent to be
adjudged to punishment, the county entity designated to supervise
him or her.

end insert begin delete

(d)

end delete

begin insert (e) end insert   begin insert (1) end insert begin insert   end insert The matter shall be heard before the same court that
originally committed the patient, if possible.

begin insert

(2) If the patient is a mentally disordered offender on parole
and was committed for treatment by the Board of Parole Hearings,
the matter shall be heard by the court that committed the patient
to the state prison for the underlying conviction, if possible.

end insert begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert  After discharge, any additional records shall be sent to the
patient’s forwarding address.

begin delete

(h)

end delete

begin insert (i) end insert  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).

begin delete

(i)

end delete

begin insert (j) end insert  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.