Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2520

Introduced by Assembly Member Maienschein

February 21, 2014

An act to amend begin delete Section 2978 end delete begin insert Sections 2978 and 3041.7 end insert of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL’S DIGEST

AB 2520, as amended, Maienschein. Parole: begin delete independent evaluators. end delete begin insert primary mental clinicians. end insert

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law requires, as a condition of parole, that a prisoner who has a severe mental disorder, as defined, be treated by the State Department of State Hospitals, and requires the State Department of State Hospitals to provide the necessary treatment. Existing law authorizes a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner is subject to that parole condition. Existing law also authorizes a prisoner to request that the board appoint 2 independent professionals for that hearing.

If it is determined that the prisoner is subject to the parole condition described above, existing law requires, prior to release on parole, that the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals evaluate the prisoner at a facility of the Department of Corrections and Rehabilitation. Existing law requires the Board of Parole Hearings to appoint 2 independent professionals to conduct an additional review in certain circumstances.

Existing law imposes various requirements on the selection of the independent professionals described above, including, among other things, that they not be state government employees.

This bill would additionally require those independent begin delete professionals end delete begin insert professionals, at the request of the prisoner, end insert to consult with a prisoner’s begin delete primary therapist, psychiatrist, or psychologist, end delete begin insert primary mental clinician, end insert as defined begin insert , end insert and if any, before making a recommendation concerning that prisoner to the board.

begin insert

(2) Existing law specifies the applicable procedures for any hearing by the Board of Parole Hearings to set, postpone, or rescind a parole release date of a prisoner under a life sentence. Existing law also requires that those prisoners are entitled to be represented by counsel at those hearings, and that specified individuals be invited to those hearings.

end insert begin insert

This bill would require the board, at the request of the prisoner, to consult with a prisoner’s primary mental clinician if the board considers a Psychological Risk Assessment, as those terms are defined, as part of the board’s determination of whether to set, postpone, or rescind a parole release date of a prisoner under a life sentence.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2978 of the Penal Code is amended to
read:

2978.  

(a) Any independent professionals appointed by the
Board of Parole Hearings for purposes of this article shall not be
state government employees; shall have at least five years of
experience in the diagnosis and treatment of mental disorders; and
shall include psychiatrists, and licensed psychologists who have
a doctoral degree in psychology.

(b) An independent professional appointed by the Board of
Parole Hearings for purposes of this article begin delete shall end delete begin insert shall, at the
request of the prisoner, end insert consult with a prisoner’s primary begin delete therapist,
psychiatrist, or psychologist end delete begin insert mental clinician end insert , if any, before making
a recommendation concerning that prisoner to the board. For
purposes of this subdivision, “primary begin delete therapist, psychiatrist, or
psychologist” end delete begin insert mental clinician” end insert means begin delete the person who is in charge
of treating the prisoner pursuant to this article end delete begin insert a licensed
psychiatrist, psychologist, or clinical social worker who regularly
treats the prisoner pursuant to this article, including, but not
limited to, an employee of the State Department of State Hospitals
or a privately hired person end insert .

(c) On July 1 of each year the Department of Corrections and
Rehabilitation and the State Department of State Hospitals shall
submit to the Board of Parole Hearings a list of 20 or more
independent professionals on which both departments concur. The
professionals shall not be state government employees and shall
have at least five years of experience in the diagnosis and treatment
of mental disorders and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology. For
purposes of this article, when the Board of Parole Hearings receives
the list, it shall only appoint independent professionals from the
list. The list shall not be binding on the Board of Parole Hearings
until it has received the list, and shall not be binding after June 30
following receipt of the list.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3041.7 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3041.7.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert At any hearing for the purpose of setting,
postponing, or rescinding a parole release date of a prisoner under
a life sentence, the prisoner shall be entitled to be represented by
counsel and the provisions of Section 3041.5 shall apply. The
Board of Parole Hearings shall provide by rule for the invitation
of the prosecutor of the county from which the prisoner was
committed, or his representative, to represent the interests of the
people at the hearing. The Board of Parole Hearings shall notify
the prosecutor and the Attorney General at least 30 days prior to
the date of the hearing.

begin delete

Notwithstanding

end delete

begin insert (2) end insert begin insert   end insert begin insert Notwithstanding end insert Section 12550 of the Government Code,
the prosecutor of the county from which the prisoner was
committed, or his representative, who shall not be the Attorney
General, except in cases in which the Attorney General prosecuted
the case at the trial level, shall be the sole representative of the
interests of the people.

begin insert

(b) (1) At any hearing where the Board of Parole Hearings
considers a Psychological Risk Assessment, as described in Section
2240 of Article 2 of Chapter 3 of Division 2 of Title 15 of the
California Code of Regulations, as part of its determination of
whether to set, postpone, or rescind a parole release date of a
prisoner under a life sentence, the board shall, at the request of
the prisoner under a life sentence, also consult with the prisoner’s
primary mental clinician if that person exists.

end insert begin insert

(2) For purposes of this section, “primary mental clinician”
means a licensed psychiatrist, psychologist, or clinical social
worker who regularly treats the prisoner, including, but not limited
to, a state employee or a privately hired person.

end insert