BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 955  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 955  
          (Beall) - As Amended August 1, 2016


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          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.  








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          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. 







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             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).   









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          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  







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            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