BILL NUMBER: SB 955 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2016
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
Section 1026 of, and to add Sections 1370.015 and 2977 to, 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 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. 2. Section 1370.015 is added to the
Penal Code , to read:
1370.015. 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.
SEC. 3. Section 2977 is added to the
Penal Code , to read:
2977. 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.
SEC. 3. SEC. 4. Section 4146 is
added to the Welfare and Institutions Code, to read:
4146. (a) (1) A 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.
(b) (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)
(c) 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)
(d) 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 (a). (b).
The court shall order the medical director to send copies of
all medical records reviewed in developing the recommendation to
both all of the following parties:
(1) The district attorney of the county from which the patient was
committed.
(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.
(2)
(3) The public defender of the county from which the
patient was committed, or the patient's private attorney, if one is
available.
(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.
(5) If the patient is a mentally disordered offender on parole,
the Board of Parole Hearings.
(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.
(d)
(e) (1) The matter shall be heard
before the same court that originally committed the patient, if
possible.
(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.
(e)
(f) 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)
(g) 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)
(h) After discharge, any additional records shall be
sent to the patient's forwarding address.
(h)
(i) 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)
(j) 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.