BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 955


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          SENATE THIRD READING


          SB  
          955 (Beall)


          As Amended  August 1, 2016


          Majority vote


          SENATE VOTE:  24-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |10-3 |Wood, Bonilla, Burke, |Maienschein,        |
          |                |     |Campos, Roger         |Steinorth, Waldron  |
          |                |     |Hernández, Lackey,    |                    |
          |                |     |Nazarian,             |                    |
          |                |     |Ridley-Thomas,        |                    |
          |                |     |Santiago, Thurmond    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-1  |Jones-Sawyer, Lackey, |Melendez            |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |








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          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, Chau     |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Establishes a compassionate release process for a  
          person who has been committed to the Department of State  
          Hospitals (DSH) as a mentally disordered offender, has been  
          found not guilty by reason of insanity (NGI), or has been found  
          incompetent to stand trial or be adjudicated to punishment  
          (IST), but is now terminally ill, or permanently medically  
          incapacitated, as specified.  


          EXISTING LAW: 


          1)Requires a court to commit a person to a state hospital,  
            public or private treatment facility, or place him or her on  
            outpatient status if he or she is found to be NGI.
          2)Requires the Director of DSH to notify the Board of Parole  
            Hearings (BPH) within the Department of Corrections and  
            Rehabilitation (CDCR), and requires DSH to discontinue  
            treating a parolee, if a prisoner's severe mental health  
            disorder is put into remission during the parole period and  
            can be kept in remission.


          3)Authorizes the release of a prisoner from state prison, known  
            as "compassionate release," if the court finds that the  
            prisoner is terminally ill with an incurable condition caused  
            by an illness or disease that would result in death within six  
            months or is permanently medically incapacitated, as  
            determined by a physician employed by CDCR, and the prisoner's  
            release does not pose a threat to public safety.









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          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill is likely to result in an overall General  
          Fund (GF) cost savings as described below.


          1)DSH and CDCR would likely incur minor and absorbable one-time  
            costs to promulgate regulations as well as minor and  
            absorbable ongoing costs to evaluate patients for eligibility  
            and perform other activities related to patient release.  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.  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.


          2)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).


          COMMENTS:  According to the author, current law provides for a  
          compassionate release program for state prison inmates.  The  
          program allows inmates who have six months left to live,  








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          including those receiving treatment in DSH, to be discharged to  
          spend their remaining time with family.  However, other DSH  
          patients - such as NGI or IST patients - are not eligible for  
          such compassionate release.  This creates a situation in which a  
          patient can be in a coma and unable to receive treatment, but  
          cannot be released to a more palliative care setting closer to  
          their loved ones. 


          The author states that this situation also keeps state hospital  
          beds from being used to treat patients that could benefit from  
          treatment.  Currently, state hospitals have a waiting list of  
          more than 400 people.  These individuals are languishing in  
          county jails, state prisons, and hospitals, while patients who  
          are unable to participate in treatment because they are  
          terminally ill or permanently incapacitated remain in state  
          hospitals because DSH has no compassionate release program.  


          The Union of American Physicians and Dentists, sponsor of the  
          bill and the American Federation of State, County and Municipal  
          Employees, American Federation of Labor and Congress of  
          Industrial Organizations (AFL-CIO), state that these patients do  
          not pose a threat to public safety and can no longer benefit  
          from mental health treatment.  These patients are often  
          permanently and medically incapacitated patients and otherwise  
          terminally ill patients.  By releasing these patients who fit  
          the compassionate release criteria, more resources are freed for  
          DSH to treat the growing list of patients waiting to be treated;  
          patients who can actually and truly benefit from treatment at  
          DSH.  In authorizing DSH to petition for compassionate release,  
          this bill will allow a terminally ill patient to live out the  
          rest of their life in a less restrictive environment.


          Disability Rights California (DRC) states in support that  
          compassionate release, when consented to by the patient and with  
          an adequate discharge plan, allows the person to live out their  
          final days in the community.  Not all patients have community or  








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          family support so ensuring the patient consents, has adequate  
          community support, has patients' rights advocate involvement,  
          and is not removed from familiar surroundings against his or her  
          will is critical.  This bill would establish compassionate  
          release provisions for a person committed to a state hospital if  
          the patient meets the criteria established by the bill for  
          release from the state hospital.


          DRC further states that under existing law, if a defendant is  
          found to be NGI, the court is required to commit the person to a  
          state hospital, public or private treatment facility, or place  
          him or her on outpatient status.  Existing law authorizes the  
          release of a prisoner from state prison if the court finds that  
          the prisoner is terminally ill with an incurable condition that  
          would produce death within six months and conditions under which  
          the prisoner would be released do not pose a threat to public  
          safety. 


          The California State Sheriffs' Association (CSSA) writes in  
          opposition to the bill that people who are committed to a state  
          hospital from the criminal justice system are dangerous and in  
          need of significant treatment.  The desire to see such a person  
          enjoy a "compassionate" release because he or she is near the  
          end of life or meets a definition regarding his or her medical  
          condition should not trump the reason the person was committed  
          for treatment.  CSSA argues that mechanisms exist to release  
          patients who no longer need care and that this bill goes beyond  
          that notion.




          Analysis Prepared by:                                             
                          Paula Villescaz / HEALTH / (916) 319-2097  FN:  
          0003810










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