Amended in Assembly June 23, 2016

Amended in Assembly June 22, 2016

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 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, begin insert or a end insert public or private treatment facility, or place him or her on outpatient status, as specified. 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 been adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. 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 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 or has
been adjudged to punishment 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 begin insert conditionally end insert 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,
including a person who is found not guilty by reason of insanity,
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 begin insert conditionally end insert dismissed for compassionate release.
This section shall apply to persons committed for treatment during
parole and persons committed 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. 4.  

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

4146.  

(a) This section shall apply in cases in which a patient
has been committed to the department as a mentally disordered
offender, including a person found not guilty by reason of insanity,
or a person found incompetent to stand trial or be adjudged 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 medical
director or the medical director’s designee shall notify the patient
of the discharge procedures under this section and obtain the
patient’s consent for discharge. The medical director or the medical
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 medical director or the medical
director’s designee shall contact any emergency contact listed, or
the patient advocate if no contact is listed.

(2) The medical director or the medical 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 the executive director at the state
hospital where the patient is located or the Director of State
Hospitals to request consideration for a recommendation from the
medical director or the medical director’s designee to the court
that the patient’s commitment be begin insert conditionally end insert 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
begin insert conditionally end insert dismissed for compassionate release and the patient
released from the department facility.

(5) The court shall have the discretion to begin insert conditionally end insert 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 begin delete and
requires 24-hour total care, end delete begin insert with a medical condition that renders
him or her permanently unable to perform activities of basic daily
living and results in the patient requiring 24-hour total care,
including, but not limited to, coma, persistent vegetative state,
brain death, ventilator-dependency, or loss of control of muscular
or neurological function, the incapacitation did not exist at the
time of the original commitment, end insert 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.

(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 begin insert conditionally end insert
dismissed and the patient released.

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

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

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

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

(4) If the patient is 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.

(e) (1) The matter shall be heard before the same begin delete court end delete begin insert judge end insert
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.

(f) If the court approves the recommendation for begin insert conditional end insert
dismissal and release, the patient’s commitment shall be
begin insert conditionally end insert 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.

(g) The executive director of the state hospital 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.

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

(i) The Director of State Hospitals 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

(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.

end delete begin insert

(j) For the purposes of this section, if the commitment order is
conditionally dismissed, it may be reinstated pursuant to
regulations promulgated in accordance with subdivision (i).

end insert