BILL ANALYSIS �
AB 2520
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2520 (Maienschein) - As Amended: April 1, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Requires an independent professional appointed by the Board of
Parole Hearings (BPH) for purposes of determining parole
suitability of a mentally disordered offender (MDO), at the
request of the prisoner, to consult with a prisoner's primary
mental health clinician, if any, before making a
recommendation to BPH. Defines primary mental clinician as a
licensed psychiatrist, psychologist, or clinical social worker
who regularly treats the prisoner, including, but not limited
to, an employee of the Department of State Hospitals or a
privately-hired person.
2)Requires BPH, at any hearing where BPH considers a
Psychological Risk Assessment, as part of its determination to
set, postpone, or rescind a parole release date of a prisoner
under a life sentence, at the request of the prisoner under a
life sentence, to consult with the prisoner's primary mental
clinician, if any. Defines primary mental clinician as 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.
FISCAL EFFECT
1)Potentially significant ongoing GF costs, in the range of
$400,000, for MDO consults. Based on about 1,350 MDO hearings
per year, if half of the inmates request a consult with their
primary mental health clinician, and the consults average
about two hours, including scheduling, conferencing, travel
AB 2520
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and report preparation, the annual cost would be in the range
of $400,000.
2)Potentially minor ongoing GF costs, in the range of $75,000.
Based on about 240 lifer hearings per year, if half request a
consult, and the consults average about two hours, including
scheduling, conferencing, travel and report preparation, the
annual cost would be in the range of $75,000.
3)Unknown potential savings/costs to the extent additional
consults result in additional or fewer MDO commitments, and
additional or fewer parole dates for lifers.
4)Development of regulations for the proposed changes would
likely be in the range of $100,000.
COMMENTS
1)Rationale . The author contends requiring consultation with the
inmate's primary mental health clinician - at the inmate's
request - during MDO determination and lifer parole hearings
will help protect public safety while also protecting the
inmate/parolee by requiring communication between the
independent BPH evaluators and the subject's primary mental
health care clinician.
2)An MDO commitment is a post-prison civil commitment . The MDO
Act is designed to continue to confine an inmate about to be
released on parole when it is determined (a) the inmate has a
severe mental disorder; (b) the inmate used force or violence
in committing the underlying offense; (c) the severe mental
disorder was related to the commitment offense; (d) the
disorder is not in remission or capable of being kept in
remission without treatment; (e) the inmate was treated for
the disorder for at least 90 days in the year before the
inmate's release; and (f) by reason of the severe mental
disorder, the inmate poses a threat of physical harm to
others. Rather than release the inmate to the community, CDCR
paroles the inmate to the supervision of the state hospital,
and the individual remains under hospital supervision
throughout the parole period, as specified.
3)Support. AFSCME Local 2620 represents the state clinicians and
contends the contributions of the primary clinician will help
paint a more accurate picture of the psychological state of an
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inmate/patient.
4)Opposition . The CA Public Defenders Association is concerned
this bill may undermine the MDO Act's "carefully balanced
scheme to protect both the safety of the community and the
rights of the prisoner" by giving undue consideration to the
treating clinician.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081