BILL ANALYSIS �
AB 2520
Page 1
ASSEMBLY THIRD READING
AB 2520 (Maienschein)
As Amended April 1, 2014
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires an independent professional or the Board of
Parole Hearings (BPH), as applicable, to, at the request of a
prisoner who is found to be a mentally disordered offender (MDO)
or is serving an indeterminate sentence with the possibility of
parole, as specified, consult with the prisoner's primary mental
clinician before making a recommendation concerning that
prisoner or for purposes of determining parole suitability, as
applicable. Specifically, this bill :
1)Requires an independent professional appointed by BPH for
purposes of determining parole suitability of a MDO, at the
request of the prisoner, to consult with a prisoner's primary
mental clinician, if any, before making a recommendation
concerning that prisoner to BPH. Defines "primary mental
clinician," for purposes of this provision, to mean a licensed
psychiatrist, psychologist, or clinical social worker who
regularly treats the prisoner, including, but not limited to,
an employee of the State Department of State Hospitals or a
privately-hired person.
2)Requires BPH, at any hearing where BPH considers a
Psychological Risk Assessment, as specified, as part of its
determination of whether 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, also consult
AB 2520
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with the prisoner's primary mental clinician if that person
exists. Defines "primary mental clinician," for purposes of
this provision, to mean 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 : According to the Assembly Appropriations
Committee:
1)Potentially significant ongoing General Fund (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 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 : According to the author, "Existing law allows a
prisoner to request a hearing from the Board of Parole Hearings
to make the case of why they should be given parole. The law
requires that a prisoner who is being considered for parole
within the California Department of Corrections and
Rehabilitation (CDCR), be evaluated by a certified clinician
prior to a parole hearing.
"If it is determined that the prisoner should receive a parole
hearing, existing law requires that the clinician in charge of
treating the prisoner and an independent evaluator from within
the California Department of Corrections and Rehabilitation
(CDCR), evaluate the prisoner. The law also requires the Board
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of Parole Hearings to appoint two independent professionals to
conduct an additional review in certain circumstances.
"However, these independent evaluators are not required to
consult with a prisoner's primary clinician before making a
recommendation to the board. The findings of these evaluators
may be incomplete or lack context since they may not know the
unique circumstances facing the prisoner.
"My bill would require the independent evaluator from CDCR to
consult with the prisoner's primary clinician before making a
recommendation to the Board of Parole Hearings. This would help
ensure public safety and the well-being of the prisoner by
improving communication between the prisoner's health team and
independent evaluators."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003655