BILL ANALYSIS Ó SB 955 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 955 (Beall) - As Amended August 1, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|10 - 3 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Public Safety | |6 - 1 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill establishes a compassionate release process for a person who has been committed to, or is in the care of, the Department of State Hospitals (DSH) but is now terminally ill or permanently medically incapacitated. SB 955 Page 2 It 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). It also authorizes the adoption of regulations by DSH to implement the process, and requires DSH to adopt regulations pertaining to reinstatement of a commitment order suspended for compassionate release. FISCAL EFFECT: This bill is likely to result in an overall GF cost savings as described below. 1)The Department of State Hospitals (DSH) and California Department of Corrections and Rehabilitation (CDCR) would likely incur the following fiscal impacts: a) Minor and absorbable one-time costs to promulgate regulations, develop processes, and train staff, as well as minor and absorbable ongoing costs to evaluate patients for eligibility and perform other activities related to patient release. SB 955 Page 3 b) DSH anticipates 20-30 patients a year may be eligible for this program. Although patients may be released under this bill, it is not likely to result in fewer commitments, given a waiting list for beds. Therefore there is no supervision cost savings to DSH, because it will still be operating at capacity. If individuals are transferred from state prison to DSH, however, it could result in a reduction in costs to CDCR commensurate with the number of transferees. c) Although there will not be fewer patients served, there is a projected reduction in costs associated with the likely differential in health care costs between released and new patients. To the extent persons released under this bill have significantly higher health care costs than an average patient, significant ongoing reductions in health care costs, potentially in the low millions are possible. Those persons eligible for release include those close to the end of life or permanently medically incapacitated, who tend to have high health care costs. For context, the Department of Health Care Services reports the top 1% of highest-utilizing Medi-Cal enrollees have costs of over $100,000 per year. 1)Potential cost pressure to the Medi-Cal program for enrollment of persons released under the program. Persons released may also be eligible for Medicare due to age or disability, which is paid by the federal government and would cover a significant portion of hospital and medical costs. If persons released pursuant to this bill are childless adults under age 65, the Medi-Cal costs would be largely paid for through federal funds. To the extent individuals required skilled nursing services, Medi-Cal would likely be the primary payer (GF/federal). SB 955 Page 4 COMMENTS: 1)Purpose. This bill creates a compassionate release process for DSH patients, which is a suspension of their commitment. The author explains the bill establishes parity with a similar process for correctional inmates in order to allow patients to spend their last days in a more restrictive setting or with their family. According to the author, it will also free up beds for patients who could benefit from treatment and are currently in county jails, state prisons, and hospitals waiting for treatment capacity. 2)Background. To be eligible for compassionate release from the prison system, a prisoner must be "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 CDCR." Compassionate release may also be available to a prisoner who is permanently incapacitated by a medical condition and unable to perform activities of daily living, requiring 24-hour care. The court must also make a finding that the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Under SB 955, in order to be eligible for compassionate release, a patient would have to be terminally ill or permanently medically incapacitated, and DSH would have to certify that the patient does not pose a threat to public safety and can no longer benefit from the mental health treatment provided at state hospitals. Patients would be required to meet specific criteria, a discharge treatment plan would need to be in place, and petitions for compassionate release would be court-approved. Recent amendments clarify that a patient whose commitment has been suspended for compassionate release is not under the custody or responsibility of DSH, and also require a process for reinstatement of a suspended commitment order based on changed SB 955 Page 5 circumstances, such as a finding that the individual poses a threat to public safety. 3)Eligible commitments. An MDO commitment is a post-prison civil commitment, whereby an inmate who is about to be released on parole is deemed to have a mental illness which contributed to the commission of a violent crime. Persons who are incompetent to stand trial (IST) lack the mental competency required to participate in legal proceedings. Finally, persons who are not guilty by reason of insanity (NGI) have been deemed insane at the time an offense was committed. 4)Related Legislation. SB 6 (Galgiani) exempts from medical parole and compassionate release eligibility a prisoner who was convicted of the murder of a peace officer, as provided, and applies the provisions of this bill retroactively. SB 6 is also on today's calendar. 5)Prior Legislation. AB 1156 (Brown), Chapter 378, Statutes of 2015, among other provisions, extended compassionate release to eligible inmates sentenced to county jail under the 2011 Realignment Act. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081