Bill Text: CA AB2071 | 2009-2010 | Regular Session | Introduced
Bill Title: Inmates: medical parole.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-04-06 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2071 Detail]
Download: California-2009-AB2071-Introduced.html
BILL NUMBER: AB 2071 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Bonnie Lowenthal and Ammiano
FEBRUARY 18, 2010
An act to add Title 2.5 (commencing with Section 3550) to Part 3
of, the Penal Code, relating to inmates.
LEGISLATIVE COUNSEL'S DIGEST
AB 2071, as introduced, Bonnie Lowenthal. Inmates: medical parole.
Existing provisions of law generally regulate the granting and
conditioning of parole.
This bill would provide for release to parole to a medical
facility, as specified, by the Secretary of the Department of
Corrections and Rehabilitation, if those prisoners are eligible for
certain levels of care, as specified, and would not pose a threat to
public safety. Those provisions would not apply to a condemned
inmate, or any inmate who is serving a sentence for which medical
parole is prohibited by the 3-strikes initiative statute or by any
other initiative statute. The bill would direct wardens or their
representatives to undertake certain actions in conjunction with
these releases to medical parole, and would make other conforming
changes.
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. Title 2.5 (commencing with Section 3550) is added to
Part 3 of the Penal Code, to read:
TITLE 2.5. MEDICAL PAROLE
3550. (a) Notwithstanding any other provision of law, prisoners
who are physically or medically incapacitated by a medical condition
that renders them permanently unable to move without assistance, or
permanently unable to perform the activities of daily living without
assistance, including, but not limited to, dressing, feeding,
ambulating, or maintaining personal hygiene, who are eligible for
skilled nursing facility level of care or subacute level of care, as
those terms are defined in Sections 51124 and 51124.5 of Title 22 of
the California Code of Regulations, respectively, and who are
determined by the Secretary of the Department of Corrections and
Rehabilitation not to pose a threat to public safety, shall be
released to parole placement at a medical facility. This subdivision
shall not apply to a condemned inmate, or to any inmate who is
serving a sentence for which medical parole is prohibited by Section
1170.12 or by any other initiative statute.
(b) The warden or warden's representative shall, at the time a
prisoner is released to parole under this section, ensure that the
prisoner has applied for any federal entitlement programs for which
the prisoner is eligible, and has in his or her possession a
discharge medical summary, full medical records, state
identification, parole medications, social security number, and all
property belonging to the prisoner that was under the control of the
department. Any additional records shall be sent to the prisoner's
forwarding address after release to parole.
(c) (1) Notwithstanding any provisions of law establishing maximum
periods for parole, a prisoner released, pursuant to this section,
to medical parole prior to the earliest possible nonmedical parole
date under which the prisoner would otherwise have been released to
parole shall remain on medical parole in a medical facility until
that earliest possible nonmedical parole date, at which time the
provisions of paragraph (2) shall apply.
(2) At the expiration of the period described in paragraph (1),
the parolee shall commence serving that period of parole provided by,
and under all other provisions of, Chapter 8 (commencing with
Section 3000) of Title 1.
SEC. 2. Nothing in this act shall be construed to limit the
recall, resentencing, or compassionate release processes specified in
subdivisions (d) and (e) of Section 1170.
