BILL NUMBER: SB 955 AMENDED
BILL TEXT
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
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,
or a 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 conditionally 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
conditionally 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 conditionally 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
conditionally dismissed for compassionate release and the
patient released from the department facility.
(5) The court shall have the discretion to conditionally
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, 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, 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 conditionally
dismissed and the patient released.
(d) A recommendation for conditional 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 court
judge 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 conditional
dismissal and release, the patient's commitment shall be
conditionally 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).
(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.
(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).