AB 2520, as amended, Maienschein. Parole: primary mental clinicians.
(1) Existing 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 professionals, at the request of the prisoner, to consult with a prisoner’s primary mentalbegin insert healthend insert clinician, as defined, and if any, before making a recommendation concerning that prisoner to the board.
(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.
This bill would require the board, at the request of the prisoner, to consult with a prisoner’s primary mentalbegin insert healthend insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2978 of the Penal Code is amended to
2read:
(a) Any independent professionals appointed by the
4Board of Parole Hearings for purposes of this article shall not be
5state government employees; shall have at least five years of
6experience in the diagnosis and treatment of mental disorders; and
7shall include psychiatrists, and licensed psychologists who have
8a doctoral degree in psychology.
9(b) An independent professional appointed by the Board of
10Parole Hearings for purposes of this article shall, at the request of
11the prisoner, consult with a prisoner’s primary mentalbegin insert healthend insert
12 clinician, if any, before making a recommendation concerning
that
13prisoner to the board. For purposes of this subdivision, “primary
14mentalbegin insert healthend insert clinician” means a licensed psychiatrist,
15psychologist, or clinical social worker who regularly treats the
16prisoner pursuant to this article, including, but not limited to, an
P3 1employee of the State Department of State Hospitals or a privately
2hired person.
3(c) On July 1 of each year the Department of Corrections and
4Rehabilitation and the State Department of State Hospitals shall
5submit to the Board of Parole Hearings a list of 20 or more
6independent professionals on which both departments concur. The
7professionals shall not be state government employees and shall
8have at least five years of experience in the diagnosis and treatment
9of mental
disorders and shall include psychiatrists and licensed
10psychologists who have a doctoral degree in psychology. For
11purposes of this article, when the Board of Parole Hearings receives
12the list, it shall only appoint independent professionals from the
13list. The list shall not be binding on the Board of Parole Hearings
14until it has received the list, and shall not be binding after June 30
15following receipt of the list.
Section 3041.7 of the Penal Code is amended to read:
(a) (1) At any hearing for the purpose of setting,
18postponing, or rescinding a parole release date of a prisoner under
19a life sentence, the prisoner shall be entitled to be represented by
20counsel and the provisions of Section 3041.5 shall apply. The
21Board of Parole Hearings shall provide by rule for the invitation
22of the prosecutor of the county from which the prisoner was
23committed, or his representative, to represent the interests of the
24people at the hearing. The Board of Parole Hearings shall notify
25the prosecutor and the Attorney General at least 30 days prior to
26the date of the hearing.
27(2) Notwithstanding Section 12550
of the Government Code,
28the prosecutor of the county from which the prisoner was
29committed, or his representative, who shall not be the Attorney
30General, except in cases in which the Attorney General prosecuted
31the case at the trial level, shall be the sole representative of the
32interests of the people.
33(b) (1) At any hearing where the Board of Parole Hearings
34considers a Psychological Risk Assessment, as described in Section
352240 of Article 2 of Chapter 3 of Division 2 of Title 15 of the
36California Code of Regulations, as part of its determination of
37whether to set, postpone, or rescind a parole release date of a
38prisoner under a life sentence, the board shall, at the request of the
39prisoner under a life sentence, also consult with the prisoner’s
40primary mentalbegin insert
healthend insert clinician if that person exists.
P4 1(2) For purposes of this section, “primary mentalbegin insert healthend insert
2 clinician” means a licensed psychiatrist, psychologist, or clinical
3social worker who regularly treats the prisoner, including, but not
4limited to, a state employee or a privately hired person.
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