BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 955 (Beall) - State hospital commitment:  compassionate  
          release
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: April 26, 2016         |Policy Vote: HEALTH 7 - 2, PUB. |
          |                                |          S. 5 - 2              |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: May 9, 2016       |Consultant: Jolie Onodera       |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  SB 955 would establish a process for specified release  
          from the Department of State Hospitals (DSH) for a person who  
          has been committed to the DSH and meets the criteria of being  
          terminally ill or permanently medically incapacitated, as  
          specified, and the conditions under which the patient would be  
          released or receive treatment do not pose a threat to public  
          safety. This bill would restrict eligibility for release to DSH  
          patients committed as incompetent to stand trial (IST), not  
          guilty by reason of insanity (NGI), or mentally disordered  
          offenders (MDOs).


          Fiscal  
          Impact:  
            DSH new process  :  One-time costs potentially in excess of  
            $150,000 (General Fund) to the DSH to develop internal  
            policies, training, and regulations for the new process.  







          SB 955 (Beall)                                         Page 1 of  
          ?
          
          
            Ongoing administrative costs potentially in excess of $200,000  
            (General Fund) annually to evaluate patients for eligibility,  
            respond to patient and family requests for consideration of  
            release, and other activities related to patient release. 
            Board of Parole Hearings (BPH)  :  Negligible impact to receive  
            notification and records of MDO releases from the DSH. 
            Courts  :  Potentially significant increase in state costs  
            (General Fund*) for additional hearings for consideration of  
            potential dismissal of commitment from DSH. 
            Medi-Cal  :  Potential increase in Medi-Cal eligibility (Federal  
            Funds/General Fund) for treatment services to the extent a  
            patient is released who was previously ineligible for federal  
            reimbursement for services while in custody. Medi-Cal  
            generally provides 50 percent federal reimbursement for such  
            costs.
            DSH commitment releases :  While the number of DSH patients  
            potentially eligible to be released is unknown, to the extent  
            even five DSH commitments are released will result in  
            potential future cost savings (General Fund) to DSH for  
            custody, treatment, and services likely in the low millions of  
            dollars (General Fund) annually, given these patients likely  
            require the most intensive medical care.


          *Trial Court Trust Fund



          Background:  Existing law provides that if the Secretary of the Department  
          of Corrections and Rehabilitation (CDCR) or the BPH or both  
          determine that a prisoner is either: 
                 Terminally ill with an incurable condition caused by an  
               illness or disease that would produce death within six  
               months, as determined by a physician employed by the  
               department; or


                 The prisoner is permanently medically incapacitated with  
               a medical condition that renders him or her permanently  
               unable to perform activities of basic daily living, and  
               results in the prisoner requiring 24-hour total care,  
               including, but not limited to, coma, persistent vegetative  
               state, brain death, ventilator-dependency, loss of control  
               of muscular or neurological function, and that  








          SB 955 (Beall)                                         Page 2 of  
          ?
          
          
               incapacitation did not exist at the time of the original  
               sentencing.


          And in addition to the above criteria, that the conditions under  
          which the prisoner would be released or receive treatment do not  
          pose a threat to public safety, the Secretary of the CDCR or the  
          BPH may recommend to the court that the prisoner's sentence be  
          recalled and that the court shall have the discretion to  
          resentence or recall if the court finds that the facts described  
          above exist. (Penal Code §§ 1170 (e)(1) and (e)(2).) 


          This bill seeks to extend a similar process of release from  
          confinement, parole, or outpatient status to specified patients  
          committed to the DSH.




          Proposed Law:  
           This bill would establish a process for the consideration of  
          release from confinement, parole, or outpatient status from the  
          DSH, permitting the release of persons determined to be  
          terminally ill or permanently medically incapacitated, and not  
          posing a threat to public safety, to apply in cases where a  
          patient has been committed to the DSH as a MDO, NGI, or IST.  
          Specifically, this bill:
           Provides that should a DSH physician determine that a patient  
            meets the criteria established for compassionate release to  
            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 and obtain the patient's consent  
            for discharge.

           Provides that a DSH 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  








          SB 955 (Beall)                                         Page 3 of  
          ?
          
          
            released from the department facility.

           Upon receipt of a notification or request as described above,  
            authorizes DSH to recommend to the court that the patient's  
            commitment be dismissed for compassionate release and the  
            patient released from the department facility.

           Provides that 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 (1) and  
            (2), or (2) and (3), exist:

            (1) 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.

            (2) The conditions under which the patient would be released  
            or receive treatment do not pose a threat to public safety.

            (3) 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.

           Requires the court to hold a noticed hearing within 10 days of  
            receipt of a recommendation for release by the director to  
            consider whether the patient's commitment should be dismissed  
            and the patient released.

           Requires the recommendation for dismissal submitted to the  
            court to 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 specified criteria. 

           Requires the court to 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) In the case of a MDO on parole, the district attorney of  
            the county from which the patient was committed to the state  








          SB 955 (Beall)                                         Page 4 of  
          ?
          
          
            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) In the case of a MDO 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 MDO on parole, the BPH.
            (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.

           Specifies venue for court hearings.

           Requires a patient's commitment to be dismissed and the  
            patient to be released by the DSH 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.

           Requires the DSH director or his or her designee to ensure  
            that upon release, the patient has each of the following in  
            his or her possession, or the possession of the patient's  
            representative: A discharge plan, discharge medical summary,  
            medical records, identification, all necessary medications,  
            any property belonging to the patient.

           Requires that after discharge, any additional records shall be  
            sent to the patient's forwarding address.

           Authorizes the DSH to adopt regulations to implement this  
            section, as specified.

           Provides that nothing in the bill precludes a patient who is  
            released pursuant to the bill's provisions from being  
            committed to a state hospital under the same commitment or  
            another commitment.


          Prior  
          Legislation:  SB 1462 (Leno) Chapter 837/2012 provided for the  
          medical parole or compassionate release of persons incarcerated  
          in county jails.








          SB 955 (Beall)                                         Page 5 of  
          ?
          
          
          SB 1399 (Leno) Chapter 495/2010 provided for the medical parole  
          of permanently medically incapacitated state prison inmates. 


          AB 29 (Villaraigosa) Chapter 751/1997 provided for the  
          compassionate release of state prison inmates with an incurable  
          condition caused by an illness or disease that would produce  
          death within six months.




          Staff  
          Comments:  The DSH will likely incur one-time costs potentially  
          in excess of $150,000 to develop internal policies, provide  
          training, and adopt regulations for this process. Ongoing  
          operational costs as required by the provisions of the bill  
          could additionally result in workload that is not absorbable  
          within existing resources.
          The BPH has indicated negligible fiscal impact associated with  
          this measure, as the bill just requires the DSH to notify the  
          BPH upon the release of an MDO and send copies of all medical  
          records reviewed in developing the recommendation to the BPH.


          Recommended Amendments:  The use of the term "compassionate  
          release" in this bill may cause confusion with existing  
          provisions of law. The release of a prison or jail inmate  
          diagnosed with a terminal illness is generally referred to as  
          "compassionate release," and existing law specifically refers to  
          this term in Government Code § 26605.6 as it relates to jail  
          prisoners. The release of a prison or jail inmate determined to  
          be in a state of permanent medical incapacitation has generally  
          been referred to as "medical parole," although that term would  
          not be applicable for DSH patients. For clarity, the author may  
          wish to consider an amendment to define the new process, as  
          follows:


          "For purposes of this section, 'compassionate release' means  
          release of patients who are either terminally ill, or  
          incapacitated and untreatable, where the other criteria for  
          release are met."









          SB 955 (Beall)                                         Page 6 of  
          ?
          
          

                                      -- END --