BILL ANALYSIS Ó SB 955 Page 1 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 | | SB 955 Page 2 | | |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. SB 955 Page 3 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, SB 955 Page 4 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 SB 955 Page 5 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 SB 955 Page 6